B&K Newsletter: The Greek stress test for the GDPR

In today’s edition, we bring you across Greece, Portugal, and Germany.

Enjoy the journey!

The Greek stress test for the GDPR

The independent Greek Data Protection Authority initiated an inquiry following complaints from Greek expatriate voters regarding unsolicited pre-election emails sent by centre-right MEP Anna-Michelle Asimakopoulou (EPP).

The incident has triggered a significant discussion in Greece, particularly in light of the upcoming introduction of postal voting for the first time in the European elections in June.?

Let’s first recount the sequence of events.

On March 1st, MEP Asimakopoulou of New Democracy (EPP) emailed expatriate voters to subscribe to her newsletter, providing updates on her activities leading up to the European elections.

The email from the MEP included an option for recipients to opt out.

On the same day, expatriate voters also received an email from the Greek Ministry of Internal Affairs, responsible for election organisation, outlining the voting process.

Subsequently, there was a surge of complaints on social media from recipients who claimed they had not consented to receiving these emails, prompting questions about how Asimakopoulou obtained their email addresses.

Opposition parties alleged that the MEP's actions violated the EU's General Data Protection Regulation (GDPR) and questioned whether the Ministry of Internal Affairs had supplied her with voters' data.

The ministry responded two days later, refuting the accusations.

Asimakopoulou denied acquiring the email addresses from the ministry, asserting that she had collected the data herself during her tenure as an EU legislator.

From a political standpoint, this issue could cause unrest within the ruling New Democracy party.

Asimakopoulou is closely associated with former Prime Minister Antonis Samaras, a conservative figure who has had strained relations with current Prime Minister Kyriakos Mitsotakis.

Samaras and his conservative faction have recently diverged from the party stance on same-sex marriage, and he has often criticised Mitsotakis' approach towards Turkey in resolving bilateral disputes.

Looking at the EU’s perspective, the Greek scandal could quickly become one of the most severe breaches of GDPR policy in a Member State, posing the crucial question of how the EU can protect citizens' privacy in the digital world and ensure the effectiveness of GDPR in such scenarios.

From the EU's perspective, the Greek scandal represents a potentially significant breach of GDPR policy within a Member State, prompting crucial considerations on safeguarding citizens' privacy in the digital realm and reinforcing the effectiveness of GDPR enforcement.

To bolster oversight, the EU can enhance resources for data protection authorities and promote cross-border collaboration among them. Increased funding for investigations, regular audits of data processing practices, and streamlined information sharing can enforce coordination across EU member states.

With stricter penalties for GDPR violations, European enforcement authorities - the Commission, Member States, data controllers and data processors – need to establish mechanisms for public accountability. This could enable citizens to monitor their representatives’ compliance with the GDPR while giving the public authorities the power to assess any violation in a timely, sensitive manner.

In conclusion, the Greek incident calls for the next EU Commission and the renewed European Parliament to step up and uphold the integrity of the block privacy framework and safeguard citizens' privacy in an increasingly digital world.?

Portugal goes to election

In Portugal, early elections will take place on Sunday, 10 March, after the fall of the socialist government of Antonio Costa, swept away by a corruption investigation. The scenario is dominated by uncertainty, but some elements are emerging: the prominence of the populist, nationalist Chega party, the tendency towards affirming a coalition and not of a single party, and the question mark on the participation in the vote that could prove decisive.

Like elsewhere, in Portugal, a contrast can be observed between the issues the population feels and those debated in the media. 72% of citizens care about the national health service, 48% about schools and the education system, and 20% about housing in a country where property prices and rents have soared in the last ten years. Only 8% are interested in justice issues, and just 7% are in poverty and the economy: a surprise, given that salaries remain low compared to the cost of living. The main political forces, the socialists led by Pedro Nuno Santos and the social democrats of Luís Montenegro (conservatives), have lost the battle of communication with Chega (in English, 'Enough'), a party founded in 2019 by former social democrat André Ventura, which has already obtained 7.18% of the votes in the 2022 elections.

The slogan is 'Limpar o Portugal', 'clean up Portugal', and the ideological references are clearly expressed: according to their manifesto, 'Chega bases its existence on self-responsibility, assuming that the inevitable burdens imposed on the human condition must be referred within each individual or collective subject, to his or her conscience and conduct. Chega is an exclusively right-wing political party for moral reasons and, for the same reasons, rejects any connotation with any extremist or fundamentalist political spectrum. Chega is conservative, reformist, liberal and nationalist'. Meaning: enough of socialism, the policies of recent years, the tax system, corruption, privileges, and insecurity.

The wild card Chega influences all the camps, but in a more pressing way, the centre-right: for the moment, Ventura refuses an agreement, but things could change if the Democratic Alliance, the conservative coalition composed of social democrats, Christian democrats, and monarchists does not obtain the majority to govern alone. In this respect, when asked 'what would be the best outcome for the country after the next elections', 31% of the Portuguese responded that they would prefer a coalition government composed of the Democratic Alliance and other right-wing parties. 23% favoured an executive formed by Socialists and Bloco de Esquerda, the radical left.

Only 11% favour an absolute majority represented by social democrats and 8% a socialist absolute majority. 16% would welcome a pact between the Democratic Alliance and Chega, but at least in the statements of the respective leaders, this hypothesis is rejected for now. Another poll, on the approval of the leaders of the two most important parties, indicates that the Portuguese prefer Luís Montenegro: the leader of the Social Democrats is considered more competent than the Socialist Secretary Pedro Nuno Santos (41% vs. 33%), more honest (41%-28%), better prepared to deal with the issue of economic growth (45%-33%), more reliable in defending the interests of the State (42%-36%), in managing public health and schools (42%-31%) and in fighting poverty (37%-36%). Nuno Santos only narrowly prevailed (39%-38%) when respondents were asked who, between the two leaders, was more ready to become premier: unlike his rival, the Socialist secretary had already held government posts.

These last weeks of the election campaign may have determined the participation rate. This is where the female electorate can play a crucial role, as it appears to be the most distrustful and disappointed. The other element coming to light is the difference in orientation between the young and elderly population. The former seems more right-wing oriented, and the latter, thanks in part to the pension policies of António Costa, are siding with the socialists. Fifty years after the Carnation Revolution, a picture emerges of a divided country, uncertain of the way forward, that soon may witness a considerable change from the policies adopted over the last decade.?

A not-so-German amateurism

The recent upheaval in Germany can be interpreted in various ways. Firstly, it underscores the imprudence of German Air Force officers who recklessly discussed sensitive state secrets regarding missile deliveries to Ukraine, resulting in their conversations being intercepted by Russia. This has led to widespread embarrassment as the intercepted discussions circulated on social media, triggering a political crisis in Germany. Consequently, several European nations are now reassessing their security protocols to prevent similar incidents stemming from the indiscretion of their military personnel.

Secondly, the incident highlights the effectiveness of Russian propaganda tactics, which were provided with advantageous material on a platter. By exploiting the intercepted conversations, Russia gains ammunition for its narrative, such as portraying itself as combating NATO aggression. The leaked discussions reveal details like the potential damage to the Kerch Strait bridge and the presence of British soldiers in Ukraine, offering valuable fodder for propaganda purposes.

However, beneath the surface lies Germany's reluctance to supply Ukraine with advanced Taurus missiles, unlike France and the UK, which have provided Scalp and Storm Shadow missiles. The intercepted discussions shed light on Chancellor Olaf Scholz's concerns about potential military escalation and "co-belligerence." This reluctance exposes Germany to criticism from Ukraine and exacerbates tensions within the European community.

The fallout from the intercepted conversations places Scholz on the defensive, compounding the challenges of leading a fragile coalition government. Despite Germany's significant financial support for Ukraine, it remains hesitant to provide the most sophisticated defence systems, fearing further escalation. This reluctance perpetuates a cycle of indecision, exacerbated by the absence of Ukrainian personnel trained to operate Taurus missiles.

Moreover, the incident exacerbates Franco-German discord, with Scholz facing scrutiny ahead of the upcoming European elections. This discord is particularly concerning amidst Russia's growing assertiveness and evolving global dynamics, where Europe's geopolitical influence diminishes. While France appears to be embracing a more proactive European role, Germany's reluctance to follow suit underscores the complexities and uncertainties facing European leadership in an increasingly uncertain world.?

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