It is recalled that the Plenary Session of the Council of State deemed illegal and unconstitutional the refusal of ADAE to inform the president of PASOK – KINAL and former MEP Nikos Androulakis about the reasons for the removal of his telephone privacy and the data collected.
The Plenary Session of the Supreme Court of Cassation partially accepted the application for annulment that he had filed against the act of the president of ADAE, by which his request from 7.9.2022 to be notified of the prosecutor’s order and the complete file with the material he had collected, after the declassification of communications was imposed on him.
The decision of the SC states that: The regulation of article 87 of Law 4790/2021, which established in the case of the imposition of the measure of lifting the confidentiality of communications for reasons of national security, the complete prohibition of the possibility of informing the affected party, after the end of the measure, even when there is no jeopardy of the national security purposes that led to its imposition, constitutes an excessive restriction of the inviolability of communication, which is not justified in the context of the operation of the rule of law, and therefore contravenes articles 19 par. 1 of the Constitution , 5 par. 1 and 15 par. 1 of Directive 2002/58, 7, 8 and 11 of the Charter of Fundamental Rights of the European Union and 8 of the ECHR and is void.
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