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Chief prosecutor puts Greece’s rule of law to the test

by Sarantis Michalopoulos
 
Part 1
 
Greek chief prosecutor Isidoros Ntogiakos caused shockwaves on Tuesday after he ruled that the independent authority responsible for privacy issues (ADAE) cannot conduct audits of telecommunication companies to find out who is under surveillance by Greek secret services.

He even threatened the members of the Hellenic Authority for Communication Security and Privacy (ADAE) with criminal prosecution.

The so-called “Greek Watergate” scandal, according to which several politicians, journalists and businessmen have been surveilled by Greek secret services by the conservative government of Prime Minister Kyriakos Mitsotakis (EPP), is considered an open wound for the country and the upcoming general elections.
 
Mitsotakis has tried to keep his distance so far, saying he was not aware of the wiretapping cases, although the first law he enacted as a prime minister was to take secret services under his remit.

ADAE is an independent authority whose role is provided in the Greek constitution. Since the scandal erupted, several people requested the authority to find out whether they were under surveillance.

A EURACTIV article opened Pandora’s Box in late December after it was revealed that ADAE conducted an audit of the Cosmote telecommunication company and found that the phones of Renew Europe MEP Giorgos Kyrtsos and investigative journalist Tasos Telloglou were bugged.

During the audit, the chief prosecutor expressed his reservations regarding ADAE’s role in carrying out such controls. 

ADAE ignored the prosecutor’s reservations, continued the audits and even set up a team to scrutinise telecommunication companies.

However, the chief prosecutor intervened with an opinion on Tuesday, saying that according to a new law, ADAE cannot carry out such activities, and if it does so, criminal penalties could apply.

Due to the particularly sensitive nature of the issue of the lifting of the confidentiality of communications, the criminal sanctions provided for by the existing legislative regime in the event of a violation of the relevant provisions both on the part of a member of ADAE and on the part of other persons […] are particularly serious, with a prescribed penalty, under certain conditions, even temporary imprisonment”, the chief prosecutor said.


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