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Katerina Sakellaropoulou signed a Presidential Decree on the use of surveillance systems by capturing or recording audio or video in public places.
In accordance with the Presidential Decree, specific rules are established for the installation and operation in public places of audio or video recording or recording systems (hereinafter surveillance systems), insofar as personal data is processed, guaranteeing the rights of people affected by the use of these systems.
Surveillance systems
The provisions of this decree apply to surveillance systems, regardless of their technical specifications, that is, if they use analog or digital technology, if they have fixed, rotating or mobile cameras, mounted on fixed or portable bases transported by vehicles of any kind. type (land, sea or air). , manned or not) or by natural persons, or if any other electronic device or electronic systems are used, as well as regardless of the type of image (continuous or discontinuous).
These systems include, in particular, closed-circuit television, with additional equipment for transmission, storage and any post-processing of video and audio.
Article 3 establishes the purposes of the processing:
“The installation and operation of surveillance systems with reception or recording of sound or image is allowed, in public places, in accordance with paragraph 1 of article 14 of Law 3917/2011, for the following purposes:
a) The prevention and repression of the criminal acts provided for in cases b ad of section 1 of article 14 of Law 3917/2011. These crimes include, in particular, the crimes provided for in chapters six, thirteenth, fourteenth, fifteenth, sixteenth, eighteenth, nineteenth and twenty-third of the Special Part of the Penal Code and the crimes of the dependent legislation. The object of the repression is also the proof of the commission of criminal acts and the identification of the perpetrator.
b) Traffic management that includes emergency care on the road network, the regulation of vehicle traffic, as well as the prevention and management of road accidents.
Those in charge of processing the material are:
1. The public authorities responsible for the prevention, investigation, detection or prosecution of crimes or the execution of criminal sanctions, including protection against threats to public security and their deterrence, in this case the Greek Police, the Fire Department and The Coast Guard – Hellenic Coast Guard, are in charge of the processing according to the provisions of article 43 of law 4624/2019 (AD 137).
2. For the regulation of vehicle traffic, the prevention and management of traffic accidents and the treatment of emergencies in the road network, the person in charge of the processing is the public authority / public authorities that install the surveillance system, it is say, the Greek Police. .
Conditions and criteria for the installation and operation of surveillance systems.
1. The installation and operation of surveillance systems in public places will be allowed only to the extent necessary and when the purposes pursued in article 3 of this Decree, the prevention or repression of crime and the management of traffic, cannot be achieved with the same efficacy as others. softer measurements.
When allowed to use in marches
Surveillance systems are also permitted during an open-air public meeting, “with a specially motivated decision of the controller, with the approval of the competent first instance prosecutor, provided that the meeting organizer and participants have been notified only with that end 3 ».
As has been clarified, the previous decision includes both the actual elements from which monitoring is considered necessary, as well as those from which the activation and operation time of the monitoring systems is determined.
Taking a complete surveillance image of the assembly to determine the volume and its route, without the possibility of focusing on natural persons, is allowed, only to comply with the purposes of article 3 and if this is necessary for the proper development of the Assembly.
The data collected, within the framework of the application of the provisions of this article, are automatically destroyed, with the care of the person responsible for the treatment, within forty-eight (48) hours following the completion of the assembly, if it was developed and completed fluently and no critical event falls within its intended purpose. Otherwise, the provisions of Article 8 shall apply mutatis mutandis.
HE image focus allowed for the detection of crimes that fall within the scope of the intended purposes. The process of focusing the image and restoring it is carried out with a reasoned decision of the person responsible for the treatment, prior approval of the competent prosecutor first instance. In case urgent, the restoration may be carried out prior reasoned decision of the person responsible for the treatment, with the obligation to immediately inform the competent prosecutor, that can prohibit the continuation of the process and the use of the collected data. In any case, the assistance of the camera’s focus conditions, as well as its return to the predetermined position, are accredited by the action records that are kept according to article 11. The aforementioned competent prosecutor may request, when deemed necessary. necessary, additional information, in order to verify the legality of the actions. Taking a picture of any third party is allowed, as long as it is necessary to achieve the purpose of the processing.
Furthermore, the DP stipulates that the data is kept for a maximum period of time fifteen (15) days of your collection, unless preservation is necessary for a longer period of time, to investigate criminal acts. After the previous period, the data are destroyed.
See the Presidential Decree:
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