Greece

• Greece data protection information at Privireal

General information on privacy, bio-banks and genetic databases

Information concerning public attitudes towards genetic privacy and bio-banking in Greece is non-existent.

According to Article 9 of the Greek Constitution, the private and family life of an individual may not be violated. There is a specific law (Law 2472/1997) concerning the protection of privacy. According to Article 2: “Private data is any piece of information regarding the subject of the data”. “Sensitive data is, among others, any piece of information regarding the health, social status and sexual life of an individual”.

Although there is no relevant provision in the Greek Law, we have to accept the fact that genetic data fall under the category of medical data, they are therefore considered as sensitive personal data. Furthermore there is a specific regulation about medical assistance to human reproduction. According to Article 1460 of Greek Civil Law: “The identity of a third person who has provided the gametes or the impregnated ova may not be disclosed to the persons interested in having a baby. Medical information concerning the third person (donor) is kept in an anonymous record. The child may have access to the record, only for health-related issues.

The protection of sensitive personal data is of great importance. Some exclusions are permitted, pursuant to paragraphs d, e, f and g of Article 7 of Law 2492/1997 in the cases that:

• d) The process pertains to health issues and is conducted by a medical professional and is subjected to the principle of secrecy or relative codes of deontology, on condition that the process is necessary for medical prevention, diagnosis, healthcare or the management of health services.
• e) The process is conducted by a Public Authority, being necessary 1) for reasons of national security, or 2) for reasons of forensic or reformatory policies and relating to the ascertainment of crimes, punitive sanctions, or security measures, or 3) for reasons of public health protection, or 4) for reasons of social provision control.
• f ) The process is specifically intended for research or scientific purposes, on condition that anonymity is kept and any necessary measures, regarding the protection of the rights of individuals, are taken.
• g) The process pertains to the information about civil servants, as long as they are related to the exercise of civil service or the exercise of the journalist’s profession. The authority’s permission is granted, only if the process is totally necessary for ensuring the right to information concerning issues of public interest, or in the scope of artistic expression, on the condition that the right to the protection of private or family life is not violated by any means.