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- Ελληνικά
The Supreme Court ruled that the issuance of a judicial warrant for police access to the recorded content of private communications of suspected persons for the purpose of criminal investigation of corruption offences is lawful, even if such communication took place before the enactment of Law 216(I)/2015. LAW 216.216(I)/2015 was passed in 2015 and amended the 1996 Law relating to the protection of privacy of private communications (interception of conversations) by regulating access to the recorded content of private communications.
The Supreme Court's decision was issued in the context of a petition by suspected persons for a privileged writ of certiorari, which was dismissed.
The Supreme Court, accepting the submissions of the Legal Service of the Republic, states, inter alia, in its Judgment delivered on Wednesday, 21 February 2024, that, given that as early as 2010 the Constitution, after its sixth amendment, allowed, under certain conditions, interference with the right to protection of the content of communications, Law 216(I)/2015"did not in any way affect the already recognised right to interfere, but set out the procedure by which such a right may be exercised". Also, as the Supreme Court states, N.216(I)/2015 "did not create a right", but is of a purely procedural nature and therefore there is no question of its adverse retroactive effect.
On behalf of the Attorney General of the Republic, the case was handled by Mr. Andreas Aristides, Attorney of the Republic A.
(ML)
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