A’ 137/29.08.2019
GOVERNMENT GAZETTE
or authority or agency concerned shall remain unaffected,
where those documents are personal data.
2. The application of the provisions of Article 22 of the
Code of court organisation and status of judicial officials
(Law 1756/1988, Government Gazette A’ 35) shall remain
unaffected.
CHAPTER D
TRANSPOSITION OF DIRECTIVE (2016/680)
SECTION I
SCOPE — GENERAL PRINCIPLES
Article 43
Scope
(Articles 1 and 2 of the Directive)
The provisions of this Chapter shall apply to the
processing of personal data by public authorities which are
competent for the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal
penalties, including the safeguarding against and the
prevention of threats to public security. In the above cases,
the public authorities are always considered as controllers.
Where, in this Chapter, provisions for processors are
included, its provisions shall also apply to them.
Article 44
Definitions
(Article 3 of the Directive)
1. For the purposes of this Chapter:
(a) ‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’); an
identifiable natural person is one who can be identified,
directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data,
an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural
or social identity of that natural person;
(b) ‘processing’ means any operation or set of operations
which is performed on personal data or on sets of personal
data, whether or not by automated means, such as
collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction,
erasure or destruction;
(c) ‘restriction of processing’ means the marking of stored
personal data with the aim of limiting their processing in the
future;
(d) ‘profiling’ means any form of automated processing
of personal data consisting in the use of personal data
to evaluate certain personal aspects relating to a natural
person, in particular to analyse or predict aspects
concerning that natural person's performance at work,
economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements;
(e) ‘pseudonymisation’ means the processing of
personal data in such a manner that the personal data can
no longer be attributed to a specific data subject without the
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use of additional information, provided that such additional
information is kept separately and is subject to technical
and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural
person;
(f) ‘filing system’ means any structured set of personal
data which are accessible according to specific criteria,
whether centralised, decentralised or dispersed on a
functional or geographical basis;
(g) ‘controller’ means the public authority which, alone or
jointly with others, determines the purposes and means of
the processing of personal data;
(h) ‘processor’ means a natural or legal person, public
authority, agency or other body which processes personal
data on behalf of the controller;
(i) ‘recipient’ means a natural or legal person, public
authority, agency or another body, to which the personal
data are disclosed, whether a third party or not. However,
public authorities which may receive personal data in the
framework of a particular inquiry in accordance with Union
law or any other law shall not be regarded as recipients; the
processing of those data by those public authorities shall
be in compliance with the applicable data protection rules
according to the purposes of the processing;
(j) ‘personal data breach’ means a breach of security
leading to the accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access to,
personal data processed;
(k) ‘genetic data’ means personal data relating to the
inherited or acquired genetic characteristics of a natural
person which give unique information about the physiology
or the health of that natural person and which result, in
particular, from an analysis of a biological sample from the
natural person in question;
(l) ‘biometric data’ means personal data resulting from
specific technical processing relating to the physical,
physiological or behavioural characteristics of a natural
person, which allow or confirm the unique identification of
that natural person, such as facial images or dactyloscopic
data;
(m) ‘data concerning health’ means personal data
related to the physical or mental health of a natural person,
including the provision of health care services, which reveal
information about his or her health status;
(n) ‘special categories of personal data’ means
personal data revealing racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade union
membership, and the processing of genetic data, biometric
data for the purpose of uniquely identifying a natural
person, data concerning health or data concerning a
natural person's sex life or sexual orientation;
(o) ‘supervisory authority’ means an independent public
authority which is established by a Member State pursuant
to Article 41 of Directive (EU) 2016/680;
(p) ‘international organisation’ means an organisation
and its subordinate bodies governed by public international
law, or any other body which is set up by, or on the basis of,
an agreement between two or more countries;
(q) ‘consent’ means any freely given, specific for
the purposes of the case, unambiguous and informed
indication of the data subject's wishes by which he or she,
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