A’ 137/29.08.2019
GOVERNMENT GAZETTE
of the GDPR.
4. In cases where an independent audit or supervision
is provided for in international or transnational conventions
or in European Law or in national law, the Authority shall
exercise its respective competences and powers.
5. The Authority shall not be competent to supervise
processing operations of personal data carried out by
judicial and prosecutorial authorities acting in their judicial
capacity, or processing operations of classified personal
data carried out for activities concerning national security.
Article 11
Functional independence
1. The Authority shall be composed of the President
and six (6) members, who shall be appointed with their
respective alternates. They shall have a six-year nonrenewable term of office.
2. Individuals of acknowledged status shall be selected
as members and alternates, who are distinguished for their
scientific expertise and professional experience in areas
related to the mission and competence of the Authority.
Greek nationality is a precondition for selection as a
member of the Authority.
3. The President, the members of the Authority and their
alternates shall be selected and appointed in accordance
with Article 101a of the Constitution.
4. The members of the Authority shall be senior state
officials, enjoy both personal and functional independence
and shall not be subject to any hierarchical or administrative
control. They shall exercise their duties and powers free
from external influence, whether direct or indirect, and shall
neither seek nor take instructions from anybody.
5. The President and the Deputy President shall be
employed on an exclusive time basis at the Authority. Such
status shall entail the suspension of any public function and
professional activity.
6. The members of the Authority shall not incur third party
civil liability for acts or omissions in the exercise of their
powers. They shall be liable to the Greek state for acts or
omissions committed intentionally or with gross negligence.
The members of the Authority shall not be prosecuted for
opinions expressed or for acts or omissions committed in
the course of carrying out their duties, unless they acted
fraudulently or with gross negligence. The Authority may
reimburse the costs of legal defence of its members in the
event of an action or criminal proceedings brought against
them in respect of acts or omissions resulting solely from
the performance of their duties.
Article 12
Impediments — incompatibilities for the members
of the Authority
1. A person may not be appointed as a President, Deputy
President, or member of the Authority if this person is: (a)
a minister, state secretary, general or special secretary of a
Ministry or of a separate general or special secretariat and
a member of parliament; and (b) a manager or a member
of a management body of an undertaking that provides
services relating to the processing of personal data or is
associated with a project contract of equivalent content.
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2. Any kind of professional or other activities relating to
the competences of the Authority shall be incompatible with
the status of member of the Authority, with the exception
of scientific and research activities. The members of the
Authority may not appear before the Authority for two (2)
years after the expiry of their term of office.
3. The members of the Authority shall be permitted
to perform duties of HEI (higher education institutions)
teaching staff on a full-time or part-time basis.
4. Any person who, following his or her appointment:
(a) Acquires one of the functions constituting a barrier to
appointment referred to paragraph 1.
(b) Engages in actions or undertakes any work or project,
or acquires another capacity which, in the Authority’s view,
is incompatible with his or her duties as a member of the
Authority, shall be automatically disqualified as President,
Deputy President or member of the Authority.
5. The Authority shall establish the incompatibilities
referred to in the previous paragraph, without the
participation of the member who may be in one of the
situations of incompatibility. The Authority shall reach
its decision after hearing the member concerned. The
proceedings shall be initiated either by the President of the
Authority or by the President of the Parliament.
Article 13
Tasks of the Authority
1. In addition to the Authority’s tasks under Article 57 of
the GDPR, the Authority shall:
(a) be competent for the monitoring and enforcement of
this Law and other regulations relating to the protection of
individuals with regard to the processing of personal data,
(b) take appropriate action to promote public awareness
and understanding of the risks, safeguards and rights in
relation to the processing of personal data,
(c) provide an opinion on any provision to be included in
a law or regulatory act relating to the processing of personal
data.
The consultation shall take place at the drafting stage of
the regulation at a time and in a manner that allows for a
timely opinion by the Authority and the relevant consultation
on the content of the draft regulation,
(d) issue guidelines and make recommendations on any
matter concerning the processing of personal data, without
prejudice to the tasks of the EDPB in accordance with
Article 70 of the GDPR,
(e) upon submission of a specific request, inform the data
subject of the exercise of his or her rights in accordance
with this Law and other regulations for the protection of
individuals with regard to the processing of personal data.
For that purpose, it shall cooperate with the supervisory
authorities of other Member States of the European Union,
(f) issue standard documents and complaint forms,
(g) handle complaints lodged by the data subject,
or by a body, organisation or association, and inform
the complainant of the progress and the outcome of the
investigation or inspection within a reasonable period,
(h) conduct, ex officio or following a complaint,
investigations or inspections regarding the application of
this Law and other regulations relating to the protection of