2004 freedominfo.org Global Survey Results - Greece
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Article 10(3) of the Constitution provides for a limited right of access:

A request for information shall oblige the competent authority to reply, provided the law thus stipulates. (1)

Article 5 of the Code of Administrative Procedure adopted in 1999 provides "interested persons" the right to access administrative documents created by government agencies. (2) It supercedes Article 16 of Law 1599/1986 on the relations between citizen and the state which covered documents created by legal entities belonging to the public sector. The law states that the "interested persons" may request in writing administrative documents which are defined as "all documents produced by public authorities such as reports, studies, minutes, statistics, administrative circulars, responses opinions and decisions." Persons with a "special legitimate interest" can obtain documents created by third parties that relate to a case involving the person.

Under the 1986 law, the Council of State ruled that parties must show a specific legal interest before they can obtain documents even though the law did not require it. (3) The agency must reply within one month and the applicant must pay for costs.

Documents relating to the personal life of an individual are not subject to the Act. Secrets defined by law, including those relating to national defense, public order and taxation cannot be released. Documents can also be restricted if they relate to discussions of the Council of Ministers or if they could harm judicial, military or administrative investigations of criminal or administrative offenses.

The Law on the Protection of Individuals with regard to the Processing of Personal Data allows any person to obtain their personal information held by government departments or private entities. (4) It is enforced by the Hellenic Data Protection Authority. (5)

Greece signed the Aarhus Convention in June 1998 but has not yet ratified it. A 1995 joint ministerial decree implemented the EU 90/313/EEC Directive after the European Commission started an infringement proceeding against Greece. (6)

Notes

1. Constitution of Greece. http://www.cecl.gr/rigasnetwork/databank/Constitutions/Greece.html

2. Law No. 2690/1999. http://www.gspa.gr/inetdhes/EUP/procedure_code.doc

3. See European Commission, Overview of Member States' National Legislation Concerning Access to Documents, SG.B.2/CD D (2000), 9 October 2000.

4. Law no. 2472 on the Protection of Individuals with regard to the Processing of Personal Data.

5. Homepage: http://www.dpa.gr/

6. Joint Ministerial Decision 77921/1440 of 06/09/1995, Official Gazette 795 B' 14/9/1995 on the freedom of access of the citizens to the public authorities for information relating to the environment. See Hallo, Access to Environmental Information in Europe: Greece (Kluwer Law 1996).