The government says the bill puts an end to ambiguities and loopholes in the surveillance framework

By Penelope Galliou

A dividing red line with every ambiguity and loophole that existed in the current surveillance legislation and the framework governing it is drawn by the government with new bill he put out for public consultation and will last until November 22, for the “Declassification of communications, cyber security and protection of citizens’ personal data”. As government officials and the prime minister himself repeatedly emphasized in his statements, the government is determined to handle all issues institutionally with a clear and stable position, and in this context, as a government source commented, the government’s direct legislative initiative is part of the clear and a clear aim to fundamentally address the issue of malware going forward and the consequences it appears to have brought.

The case of surveillance and how it unfolds in the public debate as well as the political “exploitation” of it by the official opposition, as the government has stated, forced and accelerated the immediate legislative mobilization and the government’s initiative to modernize and shield the relevant legislative framework. The goal at the political level is to dispel every shadow that hangs over the political scene of the country and also to put an end to the mud and slanders that are hurled against the government, with SYRIZA as the main instigator as the government side claims.

On the substance of the regulations, the purpose of the bill is to modernize the process of removing the confidentiality of communications by ensuring all the required guarantees, the restructuring of the EYP to optimize its action, the criminal treatment of trading, possession and use of surveillance software, the upgrading the level of cyber security in the country and the optimal integration into national law of the Directive on the protection against the processing of personal data.

Monitoring political figures

Given that the “bundle” of follow-ups began to unravel with her monitoring of Nikos Androulakis, where a series of “operational failures” were found, as the prime minister characteristically commented from the platform of the ND Political Committee, the changes regarding the monitoring of political figures are of particular interest as until now there was no special procedure. However, from now on, additional special safeguards are added for political figures and the bill creates a triple filter of guarantees: a) the procedure is initiated only by the EYP, b) the president of the Parliament must give permission before the double prosecutorial crisis and c ) the request for the removal must be based on specific elements that make the jeopardy of national security immediate and highly probable.​

In addition, until now, the request for removal could be submitted by any public authority, while with the new draft law that is expected to be submitted to the Parliament, such a request can only be submitted by the EYP and the Anti-Terrorist Service. The removal procedure for reasons of national security begins with a request from the Ministry of Defense or Anti-Terrorism, a decision by the internal prosecutor in the relevant agency and a decision by the deputy prosecutor of the Supreme Court. The second prosecutorial filter was added by the Act of Legislative Content of August 9, 2022, after the removal of the head of the EYP Panagiotis Kontoleon and resignation of Grigoris Dimitriadis by the general secretariat of the prime minister, which effectively reinstated a provision that SYRIZA had repealed in 2018.

Monitored update

the person declassified for reasons of national security may be informed retrospectively. Until 2021, it could only be updated if the purpose for which the removal was ordered was not compromised. Since then information was not possible when it came to national security reasons (but it was possible for removals to verify crimes). This issue is extremely complex because both rights and the effectiveness of the service must be taken into account when it comes to high-level risks. The bill proposes the update provided that the purpose for which the removal was ordered is not compromised and after 3 years have passed since its cessation. He is told whether he was monitored for reasons of national security. Does not have access to the folder. And since SYRIZA in its first awkward announcement says that the reasons for the surveillance will not be made known, it is worth reminding them that not even with what was in force even in their own government was provision for information about the reasons for the surveillance. The same regulation was foreseen before 2021. What is added is the 3 years. Many European countries follow the same practice. And this in order to keep distance from events of the highest national security (such as the Evros events and the spying of Rhodes in 2020). The notification is decided by a three-member body made up of the competent prosecutor, the administrator of the EYP or the director of the DAEEB and the president of the ADAE.

In its main points, the bill stipulates that:

-Legal declassification of communications can be done for reasons of national security or to verify particularly serious crimes by decision of a judicial authority.

-National security is defined. To date, there is no definition in the law.

– Until today, any public Authority could submit the application for removal. With the bill, only the EYP and the Anti-Terrorist Service can request such a request.

– With regard to the removal procedure for reasons of national security, it is foreseen: Application by the Ministry of Defense or Anti-Terrorism, judgment of the internal prosecutor in the relevant agency and decision of the vice-prosecutor of the Supreme Court.

The second prosecutorial filter was added with the Legislative Content Act of 9/8/2022, after the revelations about the surveillance of PASOK-KINAL president Nikos Androulakis and essentially reinstated a provision that SYRIZA had repealed in 2018.

The battle of the Parliament

The next political battle for the case of surveillance is now expected to be fought in the Parliament, where the relevant draft law will be submitted after the public consultation and there the political forces will determine their attitude towards the new regulations and will also have the possibility to propose new or improving arrangements so that such phenomena do not concern political life again. In any case, the climate that will develop on the way to the 2023 polls will also be seen there, and whether the toxic climate of the last few days will be maintained or whether the political culture of arguments and projects will finally prevail…​​

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