Two-key surveillance system launches in Georgia
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A new law coming into force today gives the Personal Data Protection Inspector of Georgia overall control of secret surveillance throughout the country.
A two-key system is being launched today regarding secret surveillance, where the Personal Data Protection Inspector must give consent before any surveillance is undertaken.
Similarly the corresponding law, earlier adopted by the Parliament of Georgia, will enter into force today as well.
According to the new law, the two-stage system envisages relevant authorities to apply to undertake surveillance, the Personal Data Protection Inspector will give consent electronically, and only then secret investigative actions can begin.
Furthermore, the new law states the Personal Data Protection Inspector will supervise the process of hidden investigative actions and the process of recording telephone conversations to ensure surveillance was not abused and citizens were not illegally monitored.
The same law states after the surveillance has taken place, the Personal Data Protection Inspector and Georgia’s Ministry of Internal Affairs must present a special report of the results of the surveillance to Parliament's Human Rights Committee.
Georgian lawmakers have hotly debated the topic of surveillance in Georgia for many months about who would have ‘key’ or direct access to the surveillance.
Earlier, one version of the draft law proposed by non-governmental organisations (NGOs) foresaw the Interior Ministry only having limited access to telecommunication companies’ server infrastructure.
In this version, law enforcement agencies could only carry out surveillance and obtain requested data from telecommunications service providers only after they obtained a court order that authorised eavesdropping.
This meant that the key to surveillance would be in the hands of telecommunication companies and the court. NGOs believed this would deter authorities from conducting illegal surveillance.
However the Government strongly disagreed with this proposal and argued the key should be in the hands of the Interior Ministry.
The Government said it should not be necessary to notify telecommunication operators before surveillance activities took place, as it would increase the risk of sensitive information being leaked and undermining operative activities of law enforcement agencies.
Georgia’s President Giorgi Margvelashvili twice vetoed the bill on secret surveillance however Parliament still adopted the law.
The issue of illegal surveillance in Georgia was thrust into the spotlight and intensely debated last year following the revelation thousands of secret video recordings were kept by the former government of Georgia.
The current Government has pledged to establish strong mechanisms in legislative and executive level to prevent illegal surveillance. But human rights and watchdog groups said despite these promises, law enforcement agencies still had unlimited access to data from communication service operators.
Laws to forbid illegal surveillance of Georgian citizens is expected to be passed by Parliament at its first hearing on May 15 or 16, says Parliament Speaker David Usupashvili.
The President of Georgia says making, obtaining and distributing illegal recordings is "unacceptable".
Georgia’s Parliament passed President Giorgi Margvelashvili’s notes on the country’s surveillance law with 95 votes in favour to one against to extend the deadline from November 1 to December 1 instead of being adopted on February 28, 2015.
Georgia’s President Giorgi Margvelashvili has publically announced his disappointment in the delaying of adopting changes to the country’s surveillance law.
Illegal surveillance became a subject of intense discussion in Georgia following the revelation thousands of secret video recordings were kept by the former government.
Parliament of Georgia has approved a Government-backed bill on surveillance that allows the Ministry of Internal Affairs (MIA) to retain ‘key’ access to surveillance at its third and final reading today after 73 Members of Parliament (MPs) voted in favour and 30 voted against.
With 89 votes for and 20 against, the Georgian Parliament adopted a draft of a law today titled Covert Investigative Activities.
With 87 votes for and 2 against, the Georgian Parliament today adopted a final draft of a law that will establish a covert surveillance agency under the auspices of the State Security Service.
The Georgian media reports that “most of the individuals” who have been detained today for the possession and release of private footage are activists of the United National Movement (UNM) and Girchi opposition parties.
Georgian Deputy Interior Minister Kakhaber Sabanadze resigned earlier today amid reports from Mtavari Arkhi and TV Pirveli TV channels on illegal surveillance and hampering an opposition protest back in 2019.