2024-04-11 23:29:24
Contrary to the jurisprudence of the Council of State (Council of State) as well as the European Court of Human Rights (ECtHR), according to the decision of the Personal Data Protection Authority, the general census conducted these days by the Hellenic Statistical Service. At the same time, the Authority puts the brakes on the creation of a statistical population register, pointing out that it should be provided for by law or Presidential Decree and that currently the statistical service does not have such authority.
In detail, it is pointed out in the decision that the SC and ECtHR have judged that the main issues connected with general censuses, for example the categories of data to be collected, the method, the sources of the census, the guarantees for the protection of personal data , should be provided clearly, specifically and comprehensively in a law or Presidential Decree. In addition, the Authority also raised the issue of proportionality with regard to some of the collected data as well as with regard to their use after the census.
The problems are mainly found in the person census form, as, for eight of the 21 questions it includes, the Authority raises reservations, observing that “they do not find a legislative basis”. For example, the Authority points out that sensitive personal data is information in relation to permanent residents in psychiatric hospitals, clinics, monasteries, prisons and reformatories, as information may arise in relation to health, religious beliefs or the fact that in some person has a criminal conviction.
In addition, it is ruled that all measures should be taken to protect sensitive data, such as, for example, destroying census records after digitization and keeping the data for three years only.
At the same time, it is pointed out that for future censuses, the legislator should review with due diligence the individual aspects of their operation, from the sources of data collection to the selection of measures that improve the protection of personal data.
Vaso Palaio
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