Speciality Public Law
Library of the School of Law

2024-12-15

2024

Apostolou Eleni

Σπυρίδων Βλαχόπουλος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Βασιλική Χρήστου, Επίκουρη Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Νικόλαος Σημαντήρας, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ

Σύγκρουση μεταξύ προστασίας προσωπικών δεδομένων και ελευθερίας του τύπου μέσα από τη νομολογία της Αρχής Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (ΑΠΔΠΧ)

Greek

Conflict between personal data protection and freedom of the press through the jurisprudence of the Hellenic Data Protection Authority (HDPA)

This thesis, titled "The Conflict Between the Protection of Personal Data and Freedom of the Press Through the Case Law of the Hellenic Data Protection Authority (HDPA)", is conducted as part of the Postgraduate Program in "Public Law" of the Faculty of Law of the National and Kapodistrian University of Athens. The aim of this study, which is based on the case law of the Hellenic Data Protection Authority (HDPA), is to highlight the issue of the conflict between two equal and constitutionally protected rights, and to examine how this conflict is addressed and resolved by the Authority in cases brought before it, either ex officio or following complaints by affected individuals. The conflict between the right to personal data protection and the freedom of the press is a matter that has been widely discussed in both national and EU legislation, as well as in national and European courts. These institutions are called upon to adapt appropriately to new developments and risks arising from rapid technological advancements.
The thesis is structured into three (3) chapters, each divided into subsections. The first chapter, focusing on personal data, outlines the concept and key characteristics of personal data, examines their protection at the national and European levels, and, in its final section, analyzes the fundamental principles governing their processing to ensure it is lawful and permissible. The second chapter is dedicated to the freedom of the press, exploring its content and constitutional protection, as well as the instances where it maybe restricted to safeguard other constitutionally protected rights. The third and final chapter provides a detailed analysis of the issue of conflict between the aforementioned constitutional rights and the criteria applied in the decisions of the Hellenic Data Protection Authority to resolve such conflicts. It presents the Authority's reasoning for each balancing criterion and its decisions, which sometimes recognize the supremacy of one right over the other and, at other times, harmonize the two rights to the greatest extent possible, limiting each as necessary to satisfy both without infringing on their core essence. Finally, the thesis concludes with reflections and considerations on the issues discussed.

Law and Legislation

Public Law

Personal Data, Freedom of the Press, Hellenic Data Protection Authority, Conflict, Resolution

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https://pergamos.lib.uoa.gr/uoa/dl/object/3446983