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Statement Of The State Inspector’s Service

2022-01-17 17:11:32
Tbilisi City Court completely overturned the decision of the State Inspector on disclosing personal data of the third President of Georgia Mikheil Saakashvili by the Special Penitentiary Service.
Today, on 17 January 2022, Tbilisi City Court completed examination of the complaint by the Special Penitentiary Service and delivered the decision whereby the decision of the State Inspector on fining the Special Penitentiary Service was completely overturned.
This was preceded by another decision of11 January 2022, of the Tbilisi City Court whereby the Court also completely overturned the decision of the State Inspector on disclosing personal data of the third President of Georgia Mikheil Saakashvili by the Ministry of Justice of Georgia.
It is known to the public that, by the decision of 03 December 2021, the State Inspector’s Service deemed the Ministry of Justice of Georgia and the Special Penitentiary Service as administrative offenders for unlawful disclosure of personal data of the third President of Georgia Mikheil Saakashvili.
By the above decision, the Ministry of Justice was deemed an administrative offender for two administrative offences prescribed by Article 44 of the Law of Georgia on Personal Data Protection (violation of data processing principles), while the Special Penitentiary Service was deemed an offender for six administrative offences set forth by the same Article, for which they were both imposed fines and were instructed to delete/remove the video recordings, video-audio recording and photo materials containing personal data of Mikheil Saakashvili from their official webpages and pages on social media (Facebook).
The decision of the State Inspector’s Service was appealed by the Special Penitentiary Service at the Tbilisi City Court on 17 December 2021, while the instruction issued by the State Inspector on deletion of the video recordings, audio-video recording and photo materials containing the personal data of Mikheil Saakashvili was not fulfilled.
The decision of the State Inspector’s Service was substantiated in respect of all of the episodes, was based on the best international practice and standards and domestic legislation regulating persona data.
The overturning of the Sate Inspector’s decision by the Court creates a dangerous precedent and a standard with regard to protecting rights of the individuals placed in penitentiary establishments as well as in terms of protecting data in public sector and significantly prejudices the state of personal data protection in Georgia.
Once the reasoned decisions with specific reasons for overturning the decision of the State Inspector’s Service are submitted, the State Inspector’s Service will appeal the decisions delivered by the Tbilisi City Court to the higher court.
We hope that the reasoned decisions of the Court will be submitted to the State Inspector’s Service in expedited time frame, so that the Service is given the possibility to appeal them before 01 March 2022 (before the abolishment of the Service).
For detailed information about the decisions made by the State Inspector see the link:

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