The Hellenic Authority for Communication Security and Privacy has been established under Law 3115/2003 and according to article
19 par. 2 of the Hellenic Constitution.
The Hellenic Authority for Communication Security and Privacy (ADAE) was established in 2003 as prescribed by article 19 par. 2 of the Hellenic Constitution, which calls for the establishment of an independent authority with the mission to ensure the confidentiality of mail and all other forms of free correspondence or communication.
As specified by Law 3115/2003, ADAE has, inter alia, the competence a) to issue regulations regarding the assurance of the confidentiality of communications, b) to perform audits on communications network/service providers, public entities as well the Hellenic National Intelligence Service, c) to hold hearings of the aforementioned entities, d) to investigate relevant complaints from members of the public and e) to collect relevant information using special investigative powers. It should be noted that Law 3115/2003 stipulates that, when performing an audit which involves files related to national security, the personal attendance of the President of ADAE is required.
In addition to the above, ADAE is the independent administrative authority responsible to monitor the implementation of all legislation relevant to the lawful interception of communications and, for this purpose, is authorized to receive all lawful interception orders issued by the judicial authorities. As regards this competence, it must be clarified that ADAE’s role is limited to monitoring that the procedural terms and conditions set out by national legislation on lawful interception are met. The Authority is not allowed to assess the judgment of competent judicial authorities. Only the latter can decide on the necessity of issuing a lawful interception order.
Law 3471/2006, which transposes Directive 2002/58/EC (the e-privacy Directive) into the national legal order, designates ADAE as the competent authority for the implementation of article 5 of the Directive (“confidentiality of the communications"), as well as for the implementation of the articles of the Directive which refer to the presentation of calling line identification for the tracing of malicious or nuisance calls and for emergency calls. The same Law designates ADAE, together with the national Data Protection Authority, as the competent national authority to receive data breach notifications.
Finally, Law 4070/2012 (GG A’ 82), which transposes article 13a of the Framework Directive 2002/21/EC into the national legal order, designates ADAE, as the competent national authority to stipulate the appropriate technical and organizational measures to be taken by electronic communications providers for reasons of security and integrity. The same provision authorizes ADAE to perform the relevant security audits and to make the results thereof available to the national regulatory authority (National Telecommunications and Post Commission- EETT).
Pursuant to the aforementioned provisions, ADAE has issued Regulation 165/2011 “for the Assurance of confidentiality in Electronic Communications” (GG B’ 2715), as well as Regulation 205/2013 “for the security and integrity of networks and electronic communication services” (GG B’ 1742).
ADAE’s Members are individuals of acknowledged status, appointed with the guarantees and through the procedures defined in Article 101A of the Constitution. The Constitution states that its members enjoy both personal and functional independence, and that they serve a limited term, specified in law as of six years duration. The selection of ADAE’s members is made by unanimous decision of the ‘Conference of Parliamentary Chairmen’ or by the increased majority of four fifths of its members. ADAE is subject to Parliamentary Control and, for this purpose, it submits an annual report of its activities, which is then discussed before the competent Institutions and Transparency Parliamentary Committee. ADAE's decisions are subject to judicial scrutiny before the competent administrative courts.
Mission
ADAE is an Independent Authority which secures electronic communications and privacy as well as security and confidentiality of postal services.
