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Statement Of The State Inspector’s Service

2022-01-12 10:22:41
The Tbilisi City Court overturned the State Inspector’s decision on disclosing personal data of the third President of Georgia Mikheil Saakashvili by the Ministry of Justice.
Today, on 11 January 2021, the Tbilisi City Court completed examination of the complaint of the Ministry of Justice and delivered a decision whereby the State Inspector’s decision on imposing a fine on the Ministry of Justice was overturned.
It is known to the public that with the decision of 03 December 2021, the State Inspector’s Service imposed administrative liability on the Ministry of Justice of Georgia and the Special Penitentiary Service for unlawful disclosure of personal data of the third President of Georgia Mikheil Saakashvili.
According to the above decision, the Ministry of Justice was deemed an offender for two administrative offenses pursuant to Article 44 of the Law of Georgia on Personal Data Protection (violation of the data protection principles) and the Special Penitentiary Service - for six administrative offenses according to the same article. They were both imposed with fines and were given mandatory instructions to remove/delete the video, photo and audio-video material from their official webpages and pages on social media (Facebook).
On 17 December 2021, the Ministry of Justice and the Special Penitentiary Service appealed the State Inspector’s decision at Tbilisi City Court. As for the Inspector’s mandatory instruction on the removal/deletion of the video, photo and audio-video material from their official webpages and pages on social media (Facebook), the entities failed to fulfill it.
The complaints of the Ministry of Justice and the Special Penitentiary Service was allocated to two different judges of the Tbilisi City Court and both of them scheduled the examination of the case in an unprecedentedly rushed manner, on New Year’s Eve. In particular, the examination of the complaint of the Ministry of Justice was scheduled for 28 December and the State Inspector’s Service was notified only 3 days before the court hearing. The complaint of the Special Penitentiary Service was scheduled for 29 December and the Service was notified just the day before.
Despite the fact that the State Inspector’s Service was given unreasonably short period for the preparation and introduction of the case related material (all the more in circumstances, where the State Inspector’s decision and case material is fairly large/extensive –the decision itself is 67 pages long and the case material -534 pages – and numerous video-audio recordings are attached), the Service managed to introduce the material to its full extent before the Court and ensured the representation of the Service at the hearings.
It is noteworthy that in parallel with the court hearings, the sessions before the Committees of the Parliament of Georgia on the abolishment of the Service had been held.
The State Inspector’s Service filed a motion before both judges to join the cases, as the Ministry of Justice and the Special Penitentiary Service were both imposed with the administrative liability by the same decision of the State Inspector and regarding the same episode of disclosing personal data of Mikheil Saakashvili and data processing operations by both entities were closely related. However, none of the judges granted the motion of the Service.
After the reasoned decision with the specific reasons for overturning the decision of the State Inspector’s Service will be submitted by the Court, the Service will appeal the decision to the higher instance court.
We hope that the reasoned decision of the Court will be submitted to the State Inspector’s Service before 01 March 2022 (before the Service’s abolishment), so that the Service is given the opportunity to lodge an appeal.
As for the complaint of the Special Penitentiary Service concerning the State Inspector’s decision on disclosing personal data of the third President Mikheil Saakashvili, the court hearing is scheduled for 13 January 2021 at the Tbilisi City Court.
See more at the following link

👉🏻 https://personaldata.ge/en/press/post/7757