In an article in Kathimerini on August 10, 2022, newspaper director Alexis Papachelas touched on the issue of surveillance, describing as a “difficult equation” ensuring the effectiveness of the National Intelligence Service (NISS) and public information about individuals who are allegedly being monitored for reasons of national security. To solve this equation, we must first know the basic facts of the issue, which are often ignored in the sometimes exaggerated public discourse.

First of all, it is necessary to distinguish between legal disconnection and illegal surveillance. Legal removal of privacy is carried out, among others, by the EYP and the Greek police for national security reasons, as in the case we are discussing, or for the investigation of especially serious crimes. Illegal monitoring is carried out using illegal software, which may be owned by the state, especially proprietary or wholly, or by non-state actors and individuals. As far as the legal repeal of privacy is concerned, Greece already has a regulatory framework that is stricter than the European average. Removal takes place only with the approval of the prosecutor and is notified by the Communications Privacy Enforcement Authority (ADAE), a constitutional body with high guarantees of impartiality, which submits an annual relevant report to Parliament. The content of the message, if there is no reason, is destroyed, and the subject of the removal can be subsequently informed when the removal was made to verify crimes, and not for reasons of national security. The law does not single out categories of citizens who are fully protected from deprivation of private life, subject to legal conditions.

Recent events have highlighted some chronic pathologies that should be evaluated. This concerns in particular the lack of sufficient pre-declassification filters to further substantive test whether the reasons given by the public authority justify declassification and limited accountability. In relation to these issues, the Legislative Content Act of August 9, 2022 already established for the first time a hearing of the EYP Governor by the Committee on Institutions and Transparency before he takes office and reinstated the obligation to approve the removal of confidentiality from the second prosecutor, a provision that has been overturned. law in 2018. Of course, there remain other opportunities for systemic interventions, such as further tightening the procedure for removing confidentiality for certain categories of citizens, and especially for the EMP, the adoption of an internal control system, the establishment of a standardized procedure for receiving, evaluating and managing information based on objective criteria, the development of codes of conduct for managers , revision and updating of disciplinary legislation, development of a special system for evaluating managers, organizational restructuring of the service and development of an accountability system. Be careful, however, that interference should not be excessive bureaucracy and perforation that would undermine the operational capabilities of the service, nor should accountability procedures be established that would discourage EEM staff and court officials from taking the necessary action. takes action in a timely manner. Not disregarding the basic rights of citizens, but also with an eye to the protection of national security, which the Constitution itself proclaims in 4 different articles the main good of the state. National security is tested by the escalation of threats from outside.

With regard to illegal surveillance using various software that circulates in the markets, the government emphasized that it did not purchase such funds. This is beyond any doubt confirmed by the July 2022 audit report of the independent National Transparency Authority, which was based on the Office’s on-site investigation of both government agencies and companies supplying the relevant software, even with an exhaustive investigation and statutory confidentiality. . expenses. Unfortunately, the rapidly growing problem of illegal surveillance software is technology-driven and acutely ubiquitous, as such software appears to be more sophisticated than the legal surveillance tools available to government entities internationally. The issue is of great concern to the European Union and all countries, but nowhere has a way been found to stop it – a typical example is Spain, where it was recognized that it was impossible to establish the source of illegal surveillance of the Prime Minister himself. In Greece, these illegal interferences with the privacy of messages are currently being investigated by the Prosecutor’s Office and the Anti-Corruption Commission.

It’s not just a complicated equation. This is a battle to combine technology with democracy and national security with the rule of law. There is no place for political opportunism in this struggle. What the political headquarters must do today is to courageously and self-critically diagnose existing pathologies and their causes and support creative proposals for improving structures and processes. Otherwise, we risk losing everything from this discussion – and above all the country.

* Mr. Giorgos Gerapetritis is the Minister of State.