The Parliament of Georgia Has Adopted the Draft Law "On Personal Data Protection"

2023-06-14 19:42:08
"The new legislative act contributes to fulfilling Georgia’s international obligations and brings the existing legislation in the field of personal data protection closer to European standards.

I would like to express my gratitude to everyone whose involvement made it possible to adopt mentioned draft law.

We can confidently state that a new era of personal data protection is beginning in Georgia, which will help the Service to continue and strengthen personal data protection in the country based on European values," — said Prof. Dr. Dr. Lela Janashvili, the President of the Personal Data Protection Service of Georgia.

The draft law significantly enhances the rights of data subjects and expands guarantees for their protection.

Significant changes concern the rules of data processing for direct marketing purposes. Additionally, the introduction of legal norms related to audio monitoring is envisaged, which establishes specific legal grounds and requirements for audio monitoring.

Furthermore, the draft law ensures the prioritization of greater data protection as the default method before considering an alternative approach when creating a new product or service (Data Protection by Design and by Default).

The draft law contains special regulations regarding the processing of personal data of minors. Moreover, it regulates the issue of data processing of deceased individuals in a new manner.

Besides, significant novelty is that the draft law introduces the institute of “Personal Data Protection Officers”. In particular, public institutions, insurance organizations, commercial banks, microfinance organizations, credit bureaus, electronic communication companies, airlines, airports, medical institutions, as well as any person responsible for data processing or authorized for processing a large amount of data or implementing systematic and large-scale monitoring of data subjects' behaviour, are obliged to appoint or designate a Personal Data Protection Officer who will be equipped with several vital functions.

The draft law also requires the assessment of the impact of data processing. Specifically, when processing data, if there is a high probability of a threat to fundamental human rights and freedoms, taking into account new technologies, data categories, scope, purposes, and means of data processing, the person responsible for processing is obliged to conduct a data protection impact assessment in advance.

A significant novelty provided by the draft law is the obligation for the person responsible for data processing to notify the Personal Data Protection Service of Georgia of any incidents. Additionally, the increase in the amount of administrative fines for violation of personal data protection legislation is a special newness. Non-compliance with the legal requirement of the Personal Data Protection Service of Georgia is now considered as a new offence, which is punishable by a fine.

Most of the obligations and novelties stipulated by the law will enter into force from March 1, 2024. However, particular provisions such as "Data Protection Impact Assessment", "Personal Data Protection Officer," and corresponding norms of administrative sanctions related to those obligations will come into effect from June 1, 2024.

To provide a better understanding of the draft law, the Personal Data Protection Service of Georgia will gradually hold meetings with the target audience.