Hellenic Electricity Distribution Network Operator – Order (Greece, 2020)

The data subject filed an application to the Human Resources Directorate of the Hellenic Electricity Distribution Network Operator S.A. [HEDNO S.A.] for the purposes of obtaining an up-to-date certificate of employment that was needed in view of their transfer to another position at the National Centre of Audiovisual Media and Communication S.A. [NCAM S.A.]. The HEDNO S.A. denied the issuing of such a certificate. The company's response to the application focused on the fact that HEDNO S.A. is no longer a legal person of public law, but has been transformed into a legal person of private law (already from the 1st of May of 2012) and its employees' relation to the company is governed by private law and, thus, its employees do not fall under the categories of employees that can be consider for a job post in NCAM S.A. (namely all employees serving either permanently or under an open-ended contract of private law at institutions of the General Government or of the Broader Public Sector or of the Local Authorities of the first or second degree). Therefore, according to the HEDNO S.A. the issuing of any such certificate of employment or the consideration of their employee for such a job post is not in accordance with the legal framework governing the company itself and the employee's relation to it. Eventually, during the consideration of the complaint by the HDPA, the HEDNO S.A. provided the complainant with the requested certificate of employment, an event that was confirmed both by the HEDNO S.A. and by the complainant themselves. The HDPA considered the following legal issues; Did the HDPA have the necessary jurisdiction to rule on the complaint under question regarding the possible violation of the data subject's right to access their data based on Article 15 GDPR and the jurisdiction to rule on the issue of the legality of the complainant's candidacy for a job transfer to NCAM S.A.? Was the complainant's right to access their data (Article 15 GDPR) violated by t