Άρση απορρήτου για ιδιαίτερα σοβαρά εγκλήματα από τη συνταγματική πρόβλεψη στη νομοθετική πραγματικότητα
Removal of privacy for particularly serious crimes from the constitutional provision to the legislative reality
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Abstract
This thesis analyzes the privacy of communication and the removal of privacy in
particularly serious crimes. The constitutional guarantee of the privacy of communications and
the absolute inviolability of this right testify to the importance that the constitutional legislator
attributed to this right. Privacy of communication is a more specific manifestation of the right to
personal freedom. The right of Article 19 of the Greek Constitution is enjoyed by both natural and
legal persons, while its observance is binding for the state authority and for private individuals.
The above constitutional provision foresees two cases in which the removal of privacy is
exceptionally permitted: for reasons of national security and for the investigation of particularly
serious crimes. The concept of national security includes issues concerning the threat to the Greek
state from external and internal factors. In addition, the concept of particularly serious crimes
includes those that are restrictively referred to in a more specific law (n.law 5002/2022). The
removal of confidentiality is always done by order of the competent judicial authority and the
conditions for removal are expressly and clearly provided by law. Furthermore, to ensure
privacy, the same constitutional provision provided for the establishment and operation of an
independent authority (Communications Privacy Assurance Authority).
Another issue is the use of evidence in Court, which was obtained in violation of confidentiality
of communications.
The primary obligation of the State is to respect and protect the value of the human being, but
also to protect the legal goods of life and freedom.
However, the issue remains that over 80% of the legal surveillance carried out today concerns
issues of national security and that the list of particularly serious offenses has been excessively
extended.
Postgraduate Studies Programme
Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)Department
Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών ΣυστημάτωνNumber of pages
84Language
GreekCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα