The right to participation in the Information Society and the right of access to information is protected by the Greek Constitution (art. 5A par. 1 & 2). The provision is interpreted as the right of everyone to participate in the Information Society and, accordingly, the state has a responsibility to assist in the advancement i.e not to hinder the enjoyment of of such right. In that sense the notion of “universal service” is used in order to enhance the introduction by network providers of broadband networks
Complying with the legal provisions for ensuring confidentiality and security of public electronic communications is a legal requirement for licensing and functioning of Communication and Internet Service Providers.
According to article 9 of the Greek Constitution one’s privacy and family life is inviolable. According to article 19 par. 1 of the Greek Constitution the confidentiality of the communications is absolutely inviolable with the exception of national security reasons and the criminal investigation, detection and prosecution of serious crimes, where the Judicial Authority is entitled to order the lawful interception of content and access to communications data. Violation of the constitutional right leads to criminal and in some cases administrative sanctions.
According to article 19 par. 2 of the Greek Constitution the protection of confidentiality of the communications is also a matter of an Independent Authority: Hellenic Authority for Communication Security and Privacy (A.D.A.E.).
