The State Inspector Did Not Establish the Fact of Unlawful Video Surveillance at the Polling Station Located in a Public School on the Day of the Local Self-government Elections

2021-10-26 17:06:19

The State Inspector’s Service finalized the examination of lawfulness of personal data processing through video surveillance cameras at the polling station located in a public school on the day of the local self-government elections.

The examination was conducted based on the information released by the media on October 2, 2021. According to the report released, in one of the public schools in Rustavi city, the video surveillance cameras placed in the space for the polling station were directed straight at the polling booths.

As a result of the inspection conducted by the State Inspector's Service, it was established that:

  • The area allocated for the polling station and polling booths was not covered by the video camera located in the space allocated for the polling station. It was directed not at the polling station but the corridor to the right of the polling station;
  • On October 1, 2021, at 15:30, the Resource Officer of the school shut down the video surveillance system, based on a letter from the Central Election Commission of Georgia (requesting to turn off the video surveillance system in all the public schools where the polling stations were located from October 2, 07:00 until summarizing polling results by the Precinct Election Commissions) and with the instructions of the Ministry of Education and Science of Georgia. Consequently, as of October 2, 2021, the public school video surveillance system was not operational;
  • This is confirmed by the fact that as of October 4, 2021, the most recent recording recorded through the video surveillance systems is dated October 1, 2021, 15:25. Additionally, the fact of deleting videos and/or other similar manipulations was not revealed.

Due to the above, on the polling day of the local self-government elections, the fact of data processing through video surveillance cameras and consequently an administrative offence was not confirmed at the above-mentioned polling station located in the building of the public school.

Further, the State Inspector underlined in the decision that the video surveillance cameras placed at the polling station may raise doubt in voters, the persons present at the polling station and the observers of the election process regarding violating secrecy of voting. This impedes free expression of will by the voters guaranteed under the Constitution of Georgia and the Election Code of Georgia. Based on the above, the Central Election Commission of Georgia was recommended to take appropriate measures to modify the video cameras placed at the polling station on the polling day in a way that does not cause a feeling of video surveillance among voters and other persons present at the polling station.