The Office of Personal Data Protection Inspector won one more court proceeding
2015-10-21 13:33:09Tbilisi City Court upheld decision of the Personal Data Protection Inspector on fining LTD “Strada Motors” (Jeep Center) of October 21, 2015.
The Inspector investigated data processed by LTD “Strada Motors” on the basis of the citizen’s complaint and found out that company violated the Georgian Law on Personal Data Protection by sending advertisements through massages. The massages did not include the opt-out system from the direct marketing.
During the discussion between LTD “Strada Motors” and the Inspector’s Office representatives of the company mentioned, that massages where sent by LTD Magticom, accordingly the company has no information on the processed data and has no access to databases; therefore it did not constitute a data controller. The company also considered that the hotline number specified in the massage was enough to opt out from receiving of the undesirable massages.
The Inspector recognized the LTD Strada Motors as the offender and imposed fine in the amount of 3000 GEL.
The decision of the Inspector was appealed in the Tbilisi City Court. The court did not share the position of the appellant.
It is the sixth decision of the Inspector upheld by the court. Eight court proceedings against the Inspector’s decisions are in progress.