The interplay of technology and privacy is one of the most complex equations facing modern society. And this is because technologies are developing at such a speed that state protection against violations of the rights of citizens becomes an anachronism, without even having time to take root. The problem becomes even more complex when the national security dimension enters the equation. A golden balance of proportions with stable characteristics must be sought, which, while not unnerving the intelligence and security services carrying out the necessary national task, especially at the present moment, will not interfere with the rights of citizens, except to the extent necessary.

The legal framework for disconnection dates back to 1994. The time when mobile phones were just starting to work in Greece, when the Internet penetration was 0.5% of the population, when computers were running very low-powered processors, that the term cybersecurity didn’t exist because it had almost no reason to exist. Despite this, this anachronistic legislation has survived to the present day, causing many implementation problems and showing no response to events and crises. How do you really combat the sometimes dystopian development of technology today with the regulatory tools that were created 30 years ago?

The relevant legislative initiative of the government, which is already under public discussion and will soon be put to a vote in parliament, radically changes the existing structure at all levels.

With regard to the organization and operation of the National Intelligence Service: (a) Only a diplomat or retired senior officer can be a commander, while today it can be any public servant or private person. (b) An Academy of Intelligence and Counterintelligence has been established to train, train and specialize personnel, although no such structure currently exists. (c) For the first time, an internal audit unit was activated to monitor cases of dereliction of duty and corruption in the Ministry of the Interior. (d) New guarantees of transparency in the work of the Center for Technological Support, Development and Innovation of the EYP have been established.

With respect to legal declassification for national security reasons: (a) Declassification is accelerated only by the EMP and the anti-terrorist service, while today, in principle, it is accelerated by any public authority. (b) “National security” is specialized on the basis of specific characteristics, whereas today the term is defined by each body indefinitely. (c) Suspension is carried out at the request of the authorities and the decisions of two prosecutors, with the restoration from August last year of the additional guarantee of the second prosecutor, which was canceled in 2018. (d) When the suspension concerns political persons, the President of Parliament before the crisis of double prosecution, while the suspension in this case is possible only in the presence of an immediate and highly possible threat to national security, and today there is no special procedure. (e) The person affected by the expulsion shall be informed that he is under supervision three years after its termination, provided that the purpose for which the expulsion was ordered is not jeopardized, in the assessment of a special body consisting of three members, with the participation of its presidential message privacy body. Three years is considered a reasonable time, so there is a distance from top national security events. (f) There are strict deadlines for the destruction of records. With regard to monitoring content (for example, audio files), automatic deletion is provided after 6 months from the date of termination of deletion. As for the deletion documentation file, it is originally planned to be destroyed ten years after the end of the deletion. To date, the law provides for the destruction of files without a time limit.

It is clear that no one can be satisfied with what happened. While admitting mistakes, we must look forward.

Regarding tracking software: (a) The use of tracking software and devices by individuals constitutes a criminal offense and is punishable by up to 10 years in prison, whereas today it is simply a misdemeanor. Trading and simple possession qualify as a misdemeanor with a fine of up to 5 years, and a specific related offense was abolished by the Criminal Code of June 2019. Thus, a general ban on the existence of such software is introduced for the first time in Greece. (b) The State may only procure monitoring software under the terms and conditions established by presidential decree, to be processed by the State Council.

With regard to cyber security: (a) A cyber security coordinating committee has been established with strong coordinating responsibilities to address the issue of multiple divisions of relevant structures in the Ministry of Digital Governance, GEETHA, EYP and the Greek Police. (b) For the first time, a national information and communications technology system risk assessment plan has been developed to identify, analyze and assess risks and their impact on the security of information and communications technology systems at the national level.

Concerning the personal data of citizens: (a) 12 specific actions have closed gaps and cleared up ambiguities in the integration of the EU structure in August 2019 towards strengthening privacy. (b) A Standing Scientific Committee on Personal Data has been established as an observatory for timely intervention in matters affecting personal data.

The elimination of Mr. Androulakis’s privacy and the presence of malware in Greece, as in most European countries, has served as a safeguard against the emergence of serious systemic pathologies. It is clear that no one can be satisfied with what happened. While admitting mistakes, we must look forward. Simultaneously with the judicial and parliamentary investigation of all the issues that have arisen, a new legislative framework is needed, standardizing the relevant procedures, tightening the regulatory framework, resisting modern challenges and introducing best practices of advanced systems abroad. We submit such a proposal to the court of society and the representative body.

* Mr. Giorgos Gerapetritis is the Minister of State.