5.3.1. The National Legal Framework on the Principle of Proportionality

Although Article 25 par. 1 of the Constitution establishes the principle of proportionality horizontally, namely in all cases of individual rights' restrictions, without any further distinctions or clarifications, the implementation of the principle itself is related to the particular characteristics of each restricted right and its specific legal frame. As foresaid, the protection of personal data is ensured by specific legislation, at international, EU and national level and the proper implementation of this legislation is supervised by DPA. Any derogation to the protection of personal data is subject to special strict rules, because personal data are connected to elements of human personality and in particular the private sphere of the individual. Therefore, collection and procession of such data is permitted only exceptionally, when and to the extent necessary to serve another legitimate interest, in accordance with the principle of proportionality<sup>41</sup> .

Particularly in the monitoring technologies context, DPA issued the Directive No. 1/2011 regarding the use of video surveillance systems. Article 5 of this Directive, entitled "the principle of proportionality", provides that the lawfulness of personal data procession is examined with regard to the legitimate aim pursued as well as in accordance with the principle of proportionality. Video surveillance systems must be thus appropriate and necessary in relation to the aim pursued. This aim should the same time not be possible to be achieved by means equally effective but less restrictive for individual rights.

With regards to environmental protection, the principle of proportionality intervenes with an ecological role, allowing the restriction of other rights for the sake of environmental protection, and preventing any disproportionate infringement of the environment in the course of pursuing other lawful purposes42. Furthermore, it ensures the protection of other public or private interests against an intensive implementation of the precautionary

<sup>39</sup> The reason for the creation of a special legal framework for personal data protection lies on the special nature of the information produced by modern technologies, which may relate to certain individuals as well as important aspects of their identity (Wagner De Cew 2004; Solove 2003; Akrivopoulou 2011).

<sup>40</sup> Article 9A: All persons have the right to be protected from the collection, processing and use, especially by electronic means, of their personal data, as specified by law. The protection of personal data is ensured by an independent authority, which is constituted and operates as specified by law.

<sup>41</sup> DPA, Opinion 4/2020, Decision 31/2019.

<sup>42</sup> Thus, when examining compliance of distortion of forest vegetation with the Constitution, while pursuing a lawful purpose, the protection of forest vegetation must be weighed against the objective pursued, and it must be examined whether the specific goal can be achieved by other means (Hellenic Council of State 293/2009, Perivallon and Dikeo (In Greek) 2009, p. 494, Hellenic Council of State 2763/2006, Perivallon and Dikeo (In Greek) 2007, p. 70), since even if the change of the forest form is deemed to be permitted, it must be implemented with the "least possible loss of forest wealth" (Hellenic Council of State 3816/2010, Perivallon and Dikeo (In Greek) 2011, p. 123), and only to the "absolutely necessary extent" (Hellenic Council of State 2972/2010).

principle, which would systematically exclude the protection of other rights in the name of environmental protection, as well as the avoidance of excessive sanctions in case of violation of environmental protection measures<sup>43</sup> (Veinla 2004; Thomas 2000; McNelis 2000; Siouti 2018; Nikolopoulos 2000).

In particular, with regard to environmental crimes, the Greek environmental criminal laws, and especially, both Law 4042/2012<sup>44</sup> transposing Directive 2008/98/EC into the Greek legislation, and special statutes<sup>45</sup> respect the principle of proportionality, aiming at the implementation of preventive, effective, and proportionate sanctions, which will safeguard environmental protection more effectively.
