GreeceLaw 3471/2006, Article 4(2) and (3), Confidentiality of Electronic Communications and Recording of Conversations
Ν. 3471/2006, άρθρο 4 παρ. 2 και 3
In force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not listen in on, intercept, store or otherwise monitor or survey electronic communications and the related traffic and location data, unless a law provides otherwise.
- Record a conversation, and the related traffic data, in the course of lawful professional practice to provide evidence of a commercial transaction or other professional communication only if both parties have been informed beforehand of the purpose of the recording and have consented.
These lines are LexLint's reading of the law's text, as of . Also read by: Hellenic Data Protection Authority (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.dpa.gr/el/enimerwtiko/thematikes_enotites/electronikesepikoinwnies/katagrafitilefwnikwn
- Guidance body
- Hellenic Data Protection Authority
- Open questions
- Does the Authority's reading of Article 4(3), that prior information to the party who did not start the recording is enough in place of the consent of both parties that the Article states, bind a court?
What this law does
Article 4, paragraph 2 of Law 3471/2006 prohibits listening in on, intercepting, storing or any other kind of monitoring or surveillance of electronic communications and the related traffic and location data, unless a law provides otherwise.
Paragraph 3 allows the recording of conversations and the related traffic data when it takes place in the course of lawful professional practice for the purpose of providing evidence of a commercial transaction or of other communication of a professional nature. That recording is allowed on the condition that both parties, after prior information about the purpose of the recording, give their consent.
An act of the Data Protection Authority sets how the parties are informed and give their consent, and how and for how long the recorded conversations and the related traffic data are kept.
When LexLint raises it
When your app profile says your app records calls, records text chat or processes voice recordings.