A’ 137/29.08.2019
GOVERNMENT GAZETTE
conscience and the law, and have a duty of confidentiality.
As witnesses or expert witnesses they may testify only on
facts exclusively and solely pertaining to the compliance
with the provisions of the GDPR and this Law. The duty of
confidentiality shall be upheld even after the President and
the members of the Authority have in any way retired.
2. For a period of two (2) years after the expiry of
their term of office, the President and the members of
the Authority shall not be partners, shareholders, board
members, technical or other consultants, or be employed
with or without remuneration on a salaried assignment
basis or in any legal relationship, in a company or an
undertaking whose activities have been subject, directly or
indirectly, to the control of the Authority during their term of
office, provided that they have been in any way involved in
such control. The same prohibition applies in the case of
complaints submitted to the Authority.
3. Article 18(3) of Law 2472/1997 shall apply to the
disciplinary liability of the President and the members of the
Authority.
4. The President or a member of the Authority who,
in breach of this Law, discloses, in any way whatsoever,
personal data accessible to him or her in the course of his
or her duties, or allows such data to become known to a
third party, shall be punished by imprisonment for a period
of up to two (2) years, and a fine. If, however, he or she
has committed the act with the purpose of gaining unlawful
benefit on his or her behalf, or on behalf of another person,
or for the purpose of causing harm to another person, then
he or she shall be punished by imprisonment for a period of
at least two (2) years, and a fine.
Article 17
Operation of the Authority
1. The Authority may also act as a single-member body
(President) or sit in chambers composed of at least three
(3) members or alternates, and chaired by the President
of the Authority or his/her alternate. Employees of the
Auditors Department shall be allowed to attend sessions
and meetings of the plenary and the chambers for cases
to which they have been appointed assistant rapporteurs.
2. The Authority shall adopt its rules of procedure laying
down, in particular, the terms of operation in plenary and
chambers, the allocation of duties between the plenary and
the chambers, the responsibilities of the single-member
body, and the assignment of such responsibilities by the
President to the Deputy Chair and to members, both full
and alternate, the procedure for convening and conducting
a meeting and a decision-making process, the prior hearing
of the persons concerned, the procedure for processing and
handling cases, the methods in place to carry out audits,
and matters relating to the disciplinary procedure. The rules
of procedure shall be published in the Government Gazette.
The current rules of procedure (Decision 209/6.3.2000
(Government Gazette B’ 336) of the President of the
Authority, as amended and in force) shall apply until the
Authority adopts new rules of procedure.
3. A code of conduct for the members and staff of the
Authority shall be adopted by a decision of the Plenary.
4. The Authority may conclude memoranda of
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understanding with higher education institutions, other
public bodies and local authorities with the purpose of
ensuring a mutual exchange of information and mutual
assistance on matters within its competence. Mutual
assistance shall include, in particular, the provision of
information and the conduct of investigations and studies,
assistance in investigations and audits, and the conduct
of inspections on the basis of questions compiled by the
Authority.
5. The Authority may offer paid traineeships to students
and graduates of higher education institutions whose field
of study is relevant to the Authority’s duties. The terms and
conditions for the selection of trainees, the performance
of traineeships, as well as the conditions and the amount
of the grant awarded, which is covered by the Authority’s
budget, shall be set out by a decision of the Authority.
Article 18
Secretariat of the Authority
1. The staff of the Authority shall be appointed under a
public or private law employment relationship of unlimited
duration to positions set out in the Organisational Chart of
the Authority and selected in accordance with Article 4(1) of
Law 3051/2002 (Government Gazette A’ 220).
2. Staff members of the Auditors Department may not
appear before the Authority for two (2) years after the expiry
of their employment relationship with the Authority.
3. The Organisational Chart of the Authority setting
out the level of operation of the Secretariat, the structure
of the organisational units in directorates, departments
and offices, the qualifications of the staff, the number of
positions, the allocation of such positions in branches and
specialties, the setting up of new positions and any other
relevant matter shall be stipulated by a presidential decree
issued following a proposal of the Minister of Justice and
the Minister for Internal Affairs, following an opinion of the
Authority. The Organisational Chart also provides for the
requirements, the bodies and the procedure for selecting
the head of the Secretariat, as well as the heads of the
Authority’s organisational units. The Organisational Chart
also provides for derogations from the applicable provisions
in order for the relevant arrangements to comply with the
GDPR. Any amendment to the above presidential decree
shall require the prior opinion of the Authority. Until the
presidential decree referred to in the previous subparagraph
is issued, presidential decree 207/1998 on the organisation
of the Secretariat of the Data Protection Authority and the
establishment of permanent posts (Government Gazette A’
164) shall apply.
4. Without prejudice to the specific regulations of this
Law, the Organisational Chart of the Authority and its Rules
of Procedure, the Staff Regulations of the Authority shall
be governed by the provisions of Article 4(2) to (7) of Law
3051/2002, as applicable, irrespective of their category,
branch and formal qualifications.
5. Article 11(6) shall apply accordingly to the staff of the
Authority.
6. In order to meet urgent needs of the Authority’s
Secretariat, permanent staff or staff employed on private
law employment contracts of indefinite duration may be