Detected violations and the results of subsequent measures, problematic issues and the ways addressing them, positive dynamics and existing challenges - the fifth Annual Report of the Office of the Personal Data Protection Inspector summarises the state of personal data protection in the country and the activities carried out by the Inspector’s Office in 2017. The Personal Data Protection Inspector, Tamar Kaldani presented the document to the Legal Issues Committee of the Parliament of Georgia.

In comparison with 2016, in 2017 the number of inspections and detected violations, as well as the number of citizens’ complaints increased. The statistical data is as follows:

In 145 cases, organisations were fined; 53 warnings, 270 compulsory instructions and recommendations were issued. Due to the presence of elements of crime, 11 cases were referred to relevant agencies for response and investigation.

The number of consultations delivered and citizens’ requests for consultations has also increased. Half of the overall number of consultations, which amounted to more than 4800 consultations, were delivered to the citizens. The awareness of organisations is also increased. Compared to the previous years, progress is notable in terms of identifying the grounds for processing and period of retention.

With regards to processing of personal data in the private sector, the Inspector’s Office examined 270 various business processes, including in the following organisations and sectors:

In addition, the Inspector’s Office delivered more than 1500 written and verbal consultations to private organisations. As a result of consultations, the companies were able to meet legal obligations prescribed by the law and avoid potential violations of law.

As for public bodies, the Inspector examined 115 cases of data processing, including collection, use, disclosure and transferring of data to the third parties. Overall, more than 900 written and verbal consultations were delivered to public bodies.

In terms of oversight over law enforcement sector, the Office examined lawfulness of data processing in 77 cases, either based on complaints or through inspections. Namely:

Inspected organisations were fined in 19 cases, while in 4 cases they were warned, in 23 cases the responsibility established by the legislation was not imposed due to expiration of the statutory limitation period. The Inspector’s Office delivered more than 130 consultations to the law enforcement agencies.

As for the statistical data of wiretapping of telephone calls, 699 judicial decisions were referred to the Inspector’s Office with regard to the launching, extension, finding legitimate, partial granting or rejection of wiretapping.

Before 31 March 2017, through the two-stage electronic monitoring system of covert investigative activities, the Inspector did not authorize the launch of the covert investigative activities in 4 cases. Since April 2017, the suspension mechanism was used in case of 21 rulings/decisions. Inspector’s Office informed relevant authorities through electronic control system with regard to the inaccuracies/ambiguities detected in 10 judicial decisions. Errors were duly addressed according to the legal procedures, in relevant period of time.

Within the reporting period, the Inspector’s Office imposed appropriate measures - fines and warnings – on 25 organisations for violation of rules for carrying out video surveillance. In 23 cases, organisations were fined for violation of direct marketing rules.

During 2017, the Inspector’s Office examined more than 30 drafts of international agreements and treaties, prepared opinions and recommendations on various legislative acts. Georgia hosted the 19thMeeting of the Central and Eastern European Data Protection Authorities (CEEDPA).

With the aim of raising public awareness, various events and campaigns were carried out with more than 600 000 reaches. With the assistance of the EU and UNDP, public relations strategy was elaborated and the Office started working on a new webpage that will be accessible for persons with disabilities as well.

The Legal Issues Committee of the Parliament of Georgia gave positive evaluation to the fifth Annual Report of the Inspector’s Office. The document will be further discussed by the Human Rights and Civil Integration Committee, as well as at the plenary session of the Parliament of Georgia.