Προστασία του ιδιωτικού βίου και Ανεξάρτητες Αρχές στο πλαίσιο του ελληνικού συντάγματος (άρθρα 9Α και 19 Σ)

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Keywords
Δικαίωμα του ιδιωτικού βίου ; Δικαίωμα προστασίας προσωπικών δεδομένων ; Δικαίωμα του απορρήτου των επικοινωνιών ; Ανεξάρτητες Αρχές ; Ανεξάρτητη Αρχή Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (ΑΠΔΠΧ) ; Ανεξάρτητη Αρχή Διασφάλισης του Απορρήτου των Επικοινωνιών (ΑΔΑΕ) ; Ενδεχόμενη συγχώνευση ΑΠΔΠΧ και ΑΔΑΕ ; Αρχή "ne bis in idem"Abstract
In light of recent rapid technological progress and use of new technologies, data collection and processing as well as contemporary ways of communication and surveillance software have undoubtedly posed new challenges to data protection and to communication privacyrespectively. These developments make it clear that the individual's privacy is at risk, therefore, protection and safeguarding measures should be implemented.
This research essay focuses on the protection of privacy and the competent Independent Authorities in the context of the Greek Constitution. In particular, it analyses the right to privacy, its content and limitations as explicitly guaranteed in Article 9 of the Greek Constitution, while, at the same time, a conceptual approach is also attempted.Moreover, extensive reference is made to two more specific aspects of this right, in particular, personal data protection and the right to privacy of communications, as provided for in Articles 9 A and 19 of the Greek Constitution, respectively. More specifically, the scope of protection of these two aspects, their content, their meaning, their nature, their limitationsand, in general, their essential characteristics are meticulously reviewed. Certainly, both the right to privacy and the above two aspects are examined on the basis of Article 8 of the European Convention of Human Rights and the case law of the European Court of Human Rights.
Furthermore, the second part of this research essay deals with the presence of the Independent Authorities in the Greek legal order and with the role in protecting and safeguarding fundamental rights, which are threatened by rapid technological development. In particular, two of the constitutionally enshrined Independent Authorities, namely the Independent Authority for the Protection of Personal Data and the Independent Authority for the Protection of Privacy of Communications, are analyzed, whereby, the former guarantees the protection of the individual from the processing of personal data, while the latter guarantees the privacy of communications. In this context, reference is made to the constitutional and legislative protection of those Independent Authorities, their powers and the guarantees which they provide to individual fundamental rights, through independence of their members. In view of competence issues and conflict of interest observed, considerations as to the possible merger of the two Independent Authorities are also mentioned.
Ultimately, this research essay provides concrete conclusions drawn from the extensive recording and assessment of all the aforementioned issues thereby emerged.