Statement of the State Inspector

2021-10-21 17:01:13

On October 21, 2021, one of the media outlets published a video recording depicting the former President of Georgia, Mikheil Saakashvili. according to the media report, the video recording constitutes the material of the criminal case. The Prosecutor’s Office of Georgia confirmed through an official statement that the recording disseminated through media is indeed material of a criminal case and it was handed over to the participants of the criminal proceedings.

The State Inspector’s Service launched an examination of the lawfulness of accessing and disseminating the above-mentioned video recording.

The harmful practice of disseminating materials of criminal cases in media and on the Internet is also discussed in the 2020 Activity Report of the State Inspector’s Service submitted to the Parliament of Georgia. The State Inspector’s Service has examined a number of cases in which materials of criminal and administrative cases (witness interviews, forensic reports, final court decisions, medical documents, video recordings, etc.) enabling identification of participants of proceedings, were published. There are instances among the cases examined by the Service in which the materials disseminated were accessible for only public bodies and the cases in which the materials of the criminal case were handed over to the defence. In general, materials of a criminal case are available to a wide range of persons, be it an investigative agency or the Prosecutors’ Office and after initiating the investigation – the accused and defence lawyer. It should also be underlined that in the presence of several persons accused in a single criminal case, often, materials of the criminal case are disclosed to all accused persons, including materials that do not constitute evidence confirming the alleged commission of the crime by the respective accused person. Clearly, availability of materials of a criminal case to a wide range of persons exacerbates risks to unlawful use of information containing personal data by unauthorized persons and harms the rights of the data subject.

The State Inspector’s Service notes that in the course of prevention of publishing materials of a criminal case, data controller bodies have an important role in implementing proper measures (among others, restrict the dissemination of personal data by participants of the proceedings when needed) for the protection of data, as well as all the persons who have access to the information containing personal data.