With legal technical improvement of the Minister of Justice Kostas Tsiaras – What the legal technical improvements foresee in detail
With 156 votes in favor to 142 against, (298 voters) the Ministry of Justice’s bill “Declassification Procedure, Cybersecurity and Personal Protection” was voted in favor of the principle and its articles, by the Plenary of the Parliament, after a roll-call vote requested by SYRIZA, PASOK-KINAL and KKE citizen data”.
The Minister of Justice Kostas Tsiaras with a legal technical improvement, added another paragraph to article 48 of the law, which provides that the term of office of the deputy governors of the EYP ceases automatically until the appointment of the new ones. Until then, the current commander of the service is expected to exercise his powers Themistocles Demiris.
What do the legal improvements provide in detail?
The Minister of Justice submitted a series of improving changes:
- A paragraph has been added to article 48 which provides that the term of office of the deputy governors of the E.Y.P ends automatically – and until the appointment of new ones, their authority will be exercised by the Governor of the E.Y.P.
- The EYP Governor will not determine every six months the list of prohibited monitoring devices, but the objective nature of the crime will include any software or device that can be used to commit the offense of article 370A of the Criminal Code.
- Also, in article 8 of the bill, where the procedure for the delivery of the declassification order to the communication providers and to the ADAE with an electronically encrypted message is provided, the temporal adverb “immediately” was added to ensure the obligation of immediate and urgent transmission and execution of the order.
“The aim of the bill is to deal with a large institutional gap that existed and emerged after the revelation of the connection of the phone of the president of PASOK, Nikos Androulakis”. This was characteristically emphasized by the Minister of Justice, Kostas Tsiaras, closing the two-day debate of the bill on the “declassification of communications, cyber security and personal data protection” in the plenary session of the Parliament.
At the same time, Mr. Tsiaras called the criticism of the opposition unfair, while he blamed SYRIZA to try to create impressions.
“The new legislative framework does not only deal with the issues of removing the privacy of communications, or those arising from modern technological systems to strengthen cyber security, but also strengthens the protection of the privacy of citizens’ personal data. That is why it is a comprehensive framework that defines the way in which privacy is removed, especially for issues that concern the political debate, and through a different criminal law, it gives the necessary tools to deal with all these illegal means of surveillance,” he said. Mr. Tsiaras and added:
“I don’t understand the reaction of the parties to create impressions. The criticism of the bill is unfair, mainly because its philosophy that it comes to deal with all the critical issues that arose after the legislative framework of 1994 was not understood. And the question is? why hasn’t anyone since then taken care to change and modernize it? If all this is combined with the inability of the official opposition to answer specific questions that have been put to it, I am sure that it will be found that the government is finally coming to put order in a landscape where all the previous time no necessary changes were made.
I am still waiting to hear from SYRIZA why it downgraded the declassification, reducing from two to one prosecutors in the EYP, why it reduced the offense of illegal surveillance from a felony to a misdemeanor, and why it did not take into account European directives.”
“At some point there has to be a serious discussion not in the fireworks sense to create impressions”, underlined the Minister of Justice and added: “The question that still exists is: Do we want an EYP that operates within a framework of specific rules and conditions to protect the national security of the country? We come and define the framework of national security in a narrower sense than what the European Court defines it, and for the first time there is a narrow definition of it”.
Furthermore, Mr. Tsiaras spoke “of many inaccuracies that were said and there was a deliberate attempt to distort the truth” regarding the destruction of the material and the information of the victim, while he emphasized that as long as there is no issue of national security, the possibility of information is given from ADAE within six months.
“A reality is modernized which had remained in the past. It is true that the bill fills a big gap. The fact of watching the leader of PASOK highlighted this reality. That is why the government is shielding the Greek state with yet another legislative initiative, giving society the opportunity to feel safe. We protect personal data and at the same time the EYP is now called upon to operate through rules and conditions, according to the standards of other European countries and within the modern digital reality,” said Mr. Tsiaras and concluded: “The bill protects the Greek state, it takes the Greece steps forward and simultaneously responds to contemporary institutional issues. So it should not be exploited. It is the moment when everyone stands in front of the mirror of their national responsibility.”
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