Greece / Hellenic Data Protection Authority / Opinion 4/2011 on Ministry of Finance may publicise the names of the persons with mature debts to the State

Key facts of the case:

Opinion as to whether the Ministry of Finance may publicise the names of the persons with mature debts to the State on the basis of article 9 of Law 3943/2011 concerning combating tax evasion.

Results (sanctions) and key consequences or implications of the case:

The Authority took the view that the measure of disclosure on the internet by the Ministry of Finance of a list of persons with debtors outstanding debts to the State, which chose the Greek legislature as suitable in principle for the fulfillment of tax obligations of citizens, particularly at this time, is a constitutionally permissible process of personal data within the limits appropriateness and necessity and, therefore, does not violate higher-ranking rules which guarantee the right of the individual to the protection from the processing of personal data in accordance with articles 2 par. 1, 9A and 21 par. 1 of the Constitution, 8 of the Charter of Fundamental Rights, 8 ECHR, 6 par. 1 of Directive 95/46 and 9 par. 2 of the Convention 108 (1981) of the Council of Europe under certain conditions, which elaborated.

Paragraphs referring to EU Charter: 

 

1, 9, 1, 2