The law of 2021, which was applied in the case of surveillance of PASOK President Nikos Androulakis, prohibiting disclosure, was unanimously deemed unconstitutional by the Plenary Session of the Council of State.
This decision follows a significant verdict from the Supreme Court, where the government’s legislation, aimed at withholding information from those under surveillance, was deemed excessive even on grounds of national security.
Androulakis’ cell phone was phone-tapped roughly two years ago, when he was a serving MEP in the European Parliament, by the Greek intelligence service (EYP), following approval by a relevant prosecutor assigned with the latter organization.
Today’s ruling marked a significant victory for the rule of law. The president of PASOK, hailed the decision in his address to the Greek Parliament at noon today, emphasizing it as a pivotal moment in curbing the New Democracy government’s clandestine surveillance tactics.
With the case now reverting to the Independent Authority for the Assurance of Personal Data, changes in its composition and recent updates in confidentiality legislation are set to impact its handling of the matter.
Notably, the law passed in 2022, altering the composition and confidentiality regulations, remains unassessed by the Council of State.