Georgia strengthens the Personal Data Protection Standards

2014-07-24 14:07:44

The Government of Georgia presented the draft Amendments package to the Parliament. The package foresees changes to the six legal acts and envisages the increased power of the Personal Data Protection Inspector of Georgia. Amendments are introduced in the Georgian Law on Personal Data Protection, as well as Law on Public Service, Law on Normative Acts, Law on Operative-Investigational Activities and other laws.

The Amendments were prepared within the working group created with the initiative of the Inspector. The group comprised representatives of the Parliament, Government and non-governmental organizations.

The Amendments aim at enhancing national legislation related to the personal data protection and establishing efficient guarantees for the protection of human rights and freedoms, harmonizing Georgian legislation with European standards.

In order to increase the legitimacy of the supervisory authority the rule of appointment of the Inspector is being amended. Under the draft the Inspector will be elected by the Parliament for the three years term from the candidates presented by the Prime-Minister. Following the European experience and example of the Georgian Law on the Public Defender of Georgia, the draft Amendments envisage the guarantees and immunities or the Inspector and the power of the Inspector to get familiar with any documentation and information involving state, commercial and professional secrets.

The powers of the Inspector will be fully enacted towards private sector from the end of 2014. In addition, the Inspector will supervise the data processing for the purposes of the crime prevention, investigation, operative-investigational activities and defending public order.

According to the draft the range of the sensitive personal data is enlarged and the guarantees for the protection of such data are increased. The processing of the genetic data is restricted.

The Amendments foresee the enhancement of the regulations on direct marketing purposes. The data subject will be able to address the company with the simplified form at any time and demand to stop processing of his/her data for direct marketing purposes.

The one of the aims of the draft is to eradicate discrepancies related to the video surveillance, biometric data and other important issues and to provide for the clear obligations of the data controllers.