Constitutional Court rules permanent records on administrative offenses unconstitutional

A regulation allowing the Ministry of Internal Affairs to permanently retain information on a person’s history of administrative offenses has been ruled unconstitutional.

The order rescinds a regulation issued by then-Interior Minister Vano Merabishvili in 2006.

Based on the regulation, information pertaining to administrative offenses such as riding public transportation without paying fare or crossing the street in the incorrect spot was permanently stored in the Ministry’s information bank.

Constitutional Court members believe that the maintenance of such a database does not serve as a legitimate tool for fighting against administrative offenses.

Citizen Edisher Goduadze initially appealed against the regulation at the Constitutional Court on January 26, 2015. Today the court satisfied his appeal and defined that the above mentioned regulation violates a "person’s constitutional rights on free development”.

The court believes it is necessary to collect information on administrative offenses to prevent crime and to ensure order in the state; however, the state must also protect basic human rights and freedoms and avoid misusing information.