5.1.1. Natural Features and Remote Sensing Technologies

When it comes to the use of remote sensing technologies, Greece seems to be an "ideal" case study. This country is characterized by its unique relief, its alpine character, the great length of its coastline, its large number of islands, and its remarkable biodiversity, with habitats and species subject to a special protection status. Therefore, remote sensing technologies have great potential when it comes to covering the needs that arise from the purpose of environmental protection by replacing human physical presence, whenever such presence is inadequate or impossible.

The use of modern technological tools for the purpose of environmental protection is different from the former know-how employed by the Greek administration, which involved the "static" use of older technologies to address special technical issues (e.g., for purposes of public works<sup>32</sup> or for forest mapping33), and from the more recent one concerning the attainment of objectives of a wider range (National Cadastre34, forest maps-Forest Register35) through modern technologies, which, however, are in these cases again used in a technocratic and mechanistic manner.

The usability of the most modern technologies, such as satellite imagery and UAVs, is nowadays examined in a 'dynamic' manner, i.e., for the purpose of systematically recording and using data where and when required, depending on the needs of an overall environmental protection strategy. Such a use, based on a real-time monitoring strategy, exceeds the existing administrative experience, on the one hand, and raises crucial questions about human rights and especially privacy and personal data protection, on the other hand.

5.1.2. Constitutional Protection of Conflicting Rights and the Principle of Proportionality as Counterbalance

Greek legal order has the particularity that provides a constitutional protection to the environment, and, especially to the forest environment, which is subject to a special status of enhanced constitutional protection (Article 24 par. 1 and Article 117 par. 3 of the Constitution) (Maria et al. 2020). At the same time, the rights of personal data, privacy, and personality protection are also constitutionally anchored (Articles 9, 9A, 5 of the Constitution).

Finally, any conflict between protected human rights in the Hellenic Constitution system is resolved through the implementation of the principle of proportionality (Article 25 par. 1 of the Constitution36), which is the essential counterbalance37. In the Greek legal order, the principle of proportionality was initially acknowledged by the Hellenic Council of State as a constitutional principle derived from the concept of State of justice38, and after the constitutional revision of the year 2001, it was explicitly incorporated in Article 25 par. 1 of the Constitution.

## *5.2. Privacy and Data Protection in Greece*

The inviolable nature of private and family life is explicitly guaranteed by Article 9 of the Constitution as well as by civil and criminal legislation, which protect these rights against infringements either by state authorities or by other citizens (Dagtoglou 1991). Moreover, the protection of privacy is further guaranteed by the Constitution through Article 19 (Confidentiality of letters, free correspondence and communication) and Article 21 (protection of family, marriage, motherhood and childhood, rights of persons with disabilities), while especially the confidentiality of letters and free correspondence and communication are supervised by the independent Communications Privacy Authority.

<sup>32</sup> Legislative Decree 3879/1958, PD 696/1974.

<sup>33</sup> Law 248/1976.

<sup>34</sup> Law 4512/2018.

<sup>35</sup> Law 3889/2010.

<sup>36</sup> Article 25 par. 1 "1. The rights of the human being as an individual and as a member of the society and the principle of the welfare state rule of law are guaranteed by the State. All agents of the State shall be obliged to ensure the unhindered and effective exercise thereof. These rights also apply to the relations between individuals to which they are appropriate. Restrictions of any kind which, according to the Constitution, may be imposed upon these rights, should be provided either directly by the Constitution or by statute, should a reservation exist in the latter's favor, and should respect the principle of proportionality".

<sup>37</sup> About the principle of proportionality and its adoption and evolution by the different national legal orders, the European Law, the CJEU case law and the ECHR case law: see Scaccia G. Proportionality and the Balancing of Rights in the Case-law of European Courts. 2019. federalismi.it, 4/2019, Available on line: https://www.sipotra.it/wp-content/uploads/2019/03/Proportionality-and-the-Balancing-of-Rights-in-the-Case-lawof-European-Courts.pdf (accessed on 5 April 2021).

<sup>38</sup> Hellenic Council of State 1341/1982, 2112/1984, 2261/1984, 3682/1986.

Personal data protection, which is inextricably connected to remote sensing technologies39, is established in Article 9A of the Constitution<sup>40</sup> and currently regulated by Law 4624/2019, through which national law has been harmonized with Directive (EU) 2016/680. Privacy and personal data are also protected through criminal law, in Chapter 22 of the Penal Code regarding "infringements of personal confidentiality and communication" (Manoledakis 2008) and through civil law in Article 57 of the Civil Code regarding the protection of personality (Alexandropoulou-Egiptiadou 2007). Personal data protection in Greece is simultaneously directly subject to GDPR regulation.

Proper implementation of the personal data protection framework is under the supervision of the independent Data Protection Authority (hereinafter DPA). In the event of conflict between the necessity of safeguarding the environment and the protection of personal data, the necessary balance shall be pursued through the implementation of the principle of proportionality. In this sense, DPA in its Opinion 2/2010 considers that restrictions in personal data protection for the purpose of protecting the environment (as a whole, not only with regard to environmental crime), which is an explicit constitutional provision, are legitimate, as long as requirements set by the principle of proportionality (necessity, appropriateness, stricto sensu proportionality) are met.
