Accepts the validity of the government’s recent law – Asks where and how requests from citizens who want to know if they are being monitored for national security purposes will be handled going forward – Read the document in detail
By Ioanna Mandrou
New developments in the case of surveillance are signaled by the move by the head of the Independent Authority for the Privacy of Communications, Christos Rammos, who in a letter to the Minister of Justice requests to be informed about the procedure provided for by the government’s request management law citizens for possible wiretapping.
The Rammos document, according to information, details the provisions of the government law (passed before the holidays) by which the responsibility for managing citizens’ requests for monitoring now belongs, not as before to ADAE, but to a Tripartite Body, consisting of from the prosecutors who serve in the EYP and the president of the ADAE as an ordinary member.
The president of the Authority, after quoting the provisions (law 5002 of 2022), requests information in order, as he emphasizes, to know the exact procedure to submit any requests that may be submitted, as now the Authority he heads does not have this the competence.
In particular, Mr. Rammos, without making any allusion to the constitutionality or non-constitutionality of the government’s law, requests information on the procedure, (which body, with which protocols, etc. in the EYP or wherever else determined) will be followed from now on for citizens’ requests , who wish to be informed if they are being monitored for reasons of national security.
The government’s recent law, in addition to the other conditions it has set for informing citizens about the monitoring (three years have passed since the monitoring and a decision by the Tripartite Body so that the purpose of the monitoring is not affected by the information) defined this competence to be held by the Tripartite Organ.
But the exact practical procedure remains to be determined. For the record, Mr. Rammos addresses the document.
His document was sent to the Minister of Justice, Constantinos Tsiaras, who is also the author of the law, and shared with the Minister of State, Giorgos Gerapetritis, who also signs the relevant legislation.
It should be noted that a few days ago, the opinion of the Prosecutor of the Supreme Court, Isidoros Dogiakos, was based on the government’s recent law, which ruled that the Anti-Corruption Commission no longer has the authority to manage citizens’ requests for information about their monitoring for reasons of national security.
The document in detail
Dear Minister,
According to the provisions of Article 7 § 7 of Law 5002/2022 “7. After the expiration of three (3) years from the termination of the validity of the provision for the removal of confidentiality for reasons of national security, the imposition of the restrictive measure on the affected person is notified, provided that the purpose for which it was ordered is not compromised. For the disclosure of the first paragraph, a relevant request is submitted to the Authority for Ensuring the Privacy of Communications (A.D.A.E.), which is forwarded to the E.Y.P. and D.A.E.E.B.. The removal is notified after a decision of a three-member body, which decides within a period of sixty (60) days. In the case of the removal by the E.Y.P., the body consists of the prosecutor’s officer of par. 3 of article 5 of Law 3649/2008, the second prosecutor’s officer of par. 2 of article 4 hereof and the President of the A.D.A.E.. In the case of the removal by the D.A.E.E.B., the body consists of the public prosecutor of par. 3 of article 4 of Law 2265/1994, the second prosecutor’s officer of par. 2 of article 4 hereof and the President of A.D.A.E.. The body is chaired by the hierarchically superior or, on the same rank, the most senior prosecutor’s officer. The body decides by majority vote, keeping confidential minutes and recording the opinion of the minority, if any. If notification is decided, the affected person is informed of the imposition of the restrictive measure and its duration.
It is not allowed to submit a new request before the lapse of one (1) year from the submission of the previous one”. Given that the above wording of the law does not provide for the procedural details of the actual implementation of the transfer process on behalf of A.D.A.E. of the affected person’s request, please let us know if there will be any special secretariat in the above services (E.Y.P. and D.A.E.E.B.) which will be competent to receive the relevant request that will be transmitted to her by A.D.A.E. We would also like you to inform us in general of all the procedural details that will be necessary for the initiation of the application and the implementation of the above procedure.
With special regards, Christos Rammos
President of ADAE
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