SUPERVISORY AUTHORITIES FOR PROCESSING OF IDENTIFICATION DATA FOR ELECTRONIC COMMUNICATION AND THEIR POWERS IN GEORGIA AND THE EUROPEAN UNION

Authors: Ilia Khutsishvili
Affiliation: LEPL - Academy Of The Ministry Of Internal Affairs Of Georgia- Master’s Academic Degree of Law New Vision University - The Ph.D Programme in Law, Doctoral Student

Category:

Keywords: personal data, access, processing, supervision;
ABSTRACT. Control on legality of the covert investigative actions by the law enforcement agencies is important for any democratic state in accessing the electronic communications identifying data. Article 15 of the Constitution of Georgia protects one of the most sensitive areas of human personal life - rights to personal and family privacy, personal space and privacy of communication, which is inviolable from any unjustified interference by the State and private individuals. Accordingly, the Constitution of Georgia guarantees the right to protection of the privacy of a person and establishes a formal, procedural precondition for the executive authority not to restrict these rights without judicial supervision. The right to inviolability of privacy may also be restricted in the democratic state for the attainment of the legitimate aims envisaged by the Constitution, but with the obligatory observance of the condition, that interference with the rights for achievement the goal shall be effected in a manner necessary and proportionate. The protection of this right becomes even more urgent when it comes to the processing of electronic communication identifying data by law enforcement agencies for the covert investigative goals. Law enforcement agencies are permitted by law to carry out operative and covert investigative activities, thereby there is the risk of their inappropriate use, so effective supervision of their activities significantly supports the protection of human rights from unjustified and ungrounded interference. Given the urgency of the issue, the paper deals with the scope of the powers of supervisory bodies in the conduct of covert investigative activities by law enforcement agencies in Georgia as well as the powers of the European Data Protection Council with regard to the control of personal data protection throughout the EU.

References:

1.Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data Strasbourg, 28.01.1981, [წვდომის თარიღი: 02.11.2020];
2.Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows, Strasbourg, 08/11/2001, [წვდომის თარიღი: 02.11.2020];
3.Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, [წვდომის თარიღი: 06.11.2020];
4.The Council of Europe, Recommendation No. R (87) 15 of the Committee of Ministers to member states regulating the use of personal data in the police sector, [წვდომის თარიღი: 02.11.2020];
5.Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Official Journal L 281 , 23/11/1995 P. 0031 – 0050, [წვდომის თარიღი: 02.11.2020];
6.Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), [წვდომის თარიღი: 02.11.2020];
7.Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector, 15 December 1997, [წვდომის თარიღი: 02.11.2020];
8.Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), 12 July 2002, [წვდომის თარიღი: 02.11.2019];
9.Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Text with EEA relevance), [წვდომის თარიღი: 02.11.2020];
10.Treaty on the Functioning of the European Union, Article 16, Official Journal C 326 , 26/10/2012 P. 0001 – 0390, [წვდომის თარიღი: 04.03.2020];
11.Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), Official Journal of the European Union L 119/1, , [წვდომის თარიღი: 04.03.2020];
12.Charter of fundamental rights of the European Union, Article 8, Official Journal C 364 , 18/12/2000 P. 0001 – 0022, [წვდომის თარიღი: 04.03.2020];