Audio Monitoring System in the PSP Pharmacy Network Will be Cancelled

2016-02-11 12:48:19

Office of the Personal Data Protection Inspector won court case against PSP Pharmacy.

Tbilisi City Court dismissed appeal of LLC PSP Pharmacy and upheld decision of the Inspector of May 20, 2015, regarding imposing fine on PSP Pharmacy, cancellation of the audio recording in the pharmaceutical network and erasing of entire audio recordings.

Court decided that permanent audio surveillance for service improvement purpose is rough interference in private life of employees as well as customers. Besides, it was possible to achieve mentioned goal by other means not leading to disproportionate processing of personal data. For example, mysterious customer, claim forms for customers which were already available in the pharmacies.

Court mentioned that company could not prove necessity of such amount of data processing and could not explain why its own interest overrides the interest of protection of human rights and freedoms.

Court said that the decision of the Inspector is issued in line with law and there are not actual and legal grounds for its cancellation.

Personal Data protection Inspector investigated legitimacy of audio-video surveillance in pharmaceutical companies PSP, People’s Pharmacy and Aversi Geopharm considering sensitiveness and large-scale of the issue. After inspections Inspector decided that permanent audio surveillance in Pharmacies is disproportionate interference in private life of customers and employees and contradicts to data protection principles prescribed by Article 4 of Georgian Law on Personal Data Protection. According to the Inspector’s decision fines were imposed on all of three companies and there were ordered to stop audio surveillance and erase audio records. Pharmacies appealed Inspector’s decision to the court, the claim of People’s Pharmacy was also dismissed and case of Aversi Geopharm is still ongoing.

“This decision of court is very important, as the court upheld inspector’s decision; and confirmed once more that audio surveillance in pharmacies violated rights of customers and employees interfering in their private life. Decision of Tbilisi City Court is final and will not be appealed. We shall monitor enforcement of the court decision” – stated in the Office of the Inspector.