Personal Data Protection Inspector fined Aversi-Geofarm, PSP and People’s Pharmacy

2015-06-01 12:12:46

In December 2014, the Personal Data Protection Inspector learned that LTD Aversi-Geofarm, LTD PSP Pharmacy and LTD People’s Pharmacy carried out video control and audio recording of the communication between consumer and pharmacist at their pharmacy networks.

Based on citizens’ applications and due to the scale and sensitivity of the issue, Inspector launched examination of lawfulness of processing personal data during audio-video control by these pharmacy networks on her own initiative.

The inspection revealed that audio recording of the communication between citizens and pharmacists was carried out 24 hours a day at 365 pharmacies via a microphone placed on the counter with the aim to control quality of the service.

Pursuant to the Law of Georgia on Personal Data Protection, data may be processed only to the extent necessary to achieve the respective legitimate purpose. The data must be adequate and proportionate to the purpose for which it is processed. During processing of personal data fair balance shall be kept between legitimate interests of the data controller and data subject’s right to privacy and protection of personal data.

Despite the fact that pharmacy networks have legitimate aim to control quality of pharmacy service, Personal Data Protection Inspector considered that the form and scale of data processing did not amount to adequate and proportionate means of processing. The inspector deemed that audio-monitoring constituted disproportionate interference in the private life of consumers and was incompatible with the principle enshrined in Article 4 of the Law of Georgia on Personal Data Protection.

Furthermore, it should be mentioned that companies also apply other methods, such as “mysterious consumer”, hotline, a claim form for improving quality of the service, which imply less interference in the private life of employees and consumers.

By the decision of the Inspector, all three companies were imposed administrative fines in the amount of a 500 GEL fine and were ordered to stop audio-monitoring and to destroy the materials before July 1, 2015.

“We hope that the decision will be enforced in a timely manner and the organizations will provide fair balance between their interests and right to privacy of individuals” – stated Tamar Kaldani.