Protecting the right to secrecy of correspondence : constitutional myths and reality in modern Greece

Abstract

The broadcast of unlawfully intercepted communications in investigative journalism TV programmes has become trivial in recent years in Greece. However, the use of recordings obtained through improper telephone interceptions and surveillance constitutes a criminal offence. It is punished under provisions of the Penal Code and other statutory legislation that reflect the constitutional right to secrecy of correspondence. Interference with this right is possible, but only if it is judicially authorised interference within the limits set by the Constitution and statutory law. Law 2225/ 1994 specifies these constitutional limits and goes as far as to forbid the use of any legally intercepted material for any other reasons than those for which the interceptions were authorised. More important, unlawfully intercepted communications cannot be used as evidence in a criminal court, especially after article 19 para. 3 of the Constitution instituted an automatic exclusionary rule for violations of privacy. Thus, one can identify in Greece a complete framework of innovative privacy and 'right to correspondence' protections, of constitutional and criminal law nature. Independent administrative authorities play an important role in the protection of privacy as well. Therefore, the continuing arbitrary broadcast on TV of intercepted communications is a demonstration of significant inconsistency between human rights rhetoric and practice. It reveals generalised public indifference towards blatant privacy violations and highlights the responsibility of the Prosecution Authority in regard to the enforcement of constitutional rights.