Independent Authorities, The role and significance within the Greek legal order, Athens 2010, Nomiki Vivliothiki, pages 1 – 127
The provision to each citizen of the right of access to data held by the Administration constitutes, for any well-governed State, a necessary condition for the democratic governance of the State’s public affairs as well as for the effective exercise of the fundamental rights of its citizens. The scope of this study is to identify cases of introversion in the Public Administration, analyze them as social and –mainly- as legal phenomena as well as to propose ways for strengthening “open governance” in today’s society of modern information and communication technology. This study is not limited to a theoretical approach of the issue of free access to public information, but is also based on the review of the everyday practice of the Administration, as well as on recent case-law and comparative study of Greek, European and American area. In this manner, conclusions can be extracted regarding the implementation of the existing legislation and the issues that have not been dealt and proposals are put forward in order to amend and regulate particular issues.
The study consists of six chapters. The stage of substantive examination is preceded by a few introductory remarks. The first chapter concerns the selection of the subject, the object and the purpose of the study (p. 1-10). The second chapter refers to the examination of the special relationship between the principle of transparency of the administration actions and the access to the public information, under the laws of Greece, Europe and third countries, and mainly the law of the U.S.A. The aim of the comparable analysis of the issue under examination is to locate common characteristics as well as differences in the manner that access to public information is dealt with by different legal systems, inside and outside the European Union. In the third chapter, the constitutional and legislative background of the information right in Greece is analyzed. More specifically, there is an analysis of the provisions of articles 5A § 1 and 2, 10 § 3 and 25 § 1 of the Constitution that establish the right of access to administrative documents. Furthermore, the relevant articles (article 5) of the Code of Administration Process are examined. The subject of the fourth chapter is to analyze the meaning of the “re-use of public sector information” that follows naturally from the access and concludes the participation of the citizen in this form of administration procedure. The fifth chapter examines the way the rules concerning the regulation of free public information and the protection of uninterrupted access to administration documents with simultaneous respect of the individual rights are implemented. The study is completed with the sixth chapter, where a summary of the most important issues is made and conclusions are drawn.
Comparative Analysis within Europe of the Data Protection Privilege of the Press in the context of Multimedia Implementation at the processing of personal data information (Germany, UK, Greece)”. Published by “Duncker & Humblot”, Berlin 2001.
The protection of the individual from data processing and the right of freedom of expression through the press as well as, in general, through audiovisual media are constitutionally established human rights and prerequisites in every democratic and well-governed society. The issue that constitutes the basis of the study’s legal reasoning emerges when the press and the new mass media bring to publicity information regarding the private life of the individual, which -according to the prevailing views- are deemed privileged. This issue is discussed vigorously in Greek, European and international literature and it has been addressed by the courts of the three aforementioned jurisdictions as well as those of the European Union, while it is examined mainly in respect of comparative public and constitutional law.
The initial scope of this study is to present on a comparative basis the legal framework that governs the press and in general the mass media during the data collection, processing, storing, transmission or every other use of personal data as well as the regulatory framework regarding the personal data processing under German, Greek and British legal system, under Directive 95/46/EEC and to seek legal loopholes in relation to the protection provided and to propose solutions regarding the resolution of conflicts between the individual’s right of self-determination and the freedom of press in cases when the latter is a controller of personal data. It has been argued that the solution regarding the conflict between the aforementioned two individual rights must be found in the constitutional principles and mainly by means of the principle of proportionality and of practical harmony.
The study consists of five chapters, each of which seeks a comparative analysis of this issue in each of the aforementioned three jurisdictions (Germany, Greece and England). Thus, the so called micro comparative method of analysis is followed in order to examine the said issue and specifically the area of conflict between the individual freedoms, the regulatory framework, as well as the solutions proposed occasionally by the legislator. The stage of the comparative examination on the essence of the law is preceded by brief introductory remarks regarding the selection of the subject, the object and the goals of the study (p. 17-21). At this point, following a brief reference to the dangers emanating from personal data processing by the press and the radio/television, the study points out the qualitative difference that has occurred due to the technology evolution and the introduction of new means of electronic data processing and interconnection.
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