Human Rights Center Welcomes Decision of the Constitutional Court about Secret Surveillance
April 15, 2016
Human Rights Center welcomes the April 14 decision of the Constitutional Court of Georgia, in which the Court upheld the constitutional lawsuit of Human Rights Center and partner human rights organizations. The Court declared the right to obtain personal information, copy and keep identifiable data as unconstitutional.
The constitutional complaint claimed that the legal norms, which authorized a state investigative body to have right to copy information from communication physical cables in real time and have access to relevant apparatus and program devices, were unconstitutional. At the same time, the State Security Service is authorized to copy and keep identifiable data for two years.
The Constitutional Court ruled that although disputed norms had legitimate goals, they were not less restrictive, proportional tool to achieve the goals. With the support of modern technologies, the norms allowed the State Security Service to obtain personal information about unrestricted number of persons.
Copying of data by an agency, which has the function of investigation or is professionally interested in this information, creates excessive risk of interfering with private life.
At the same time, considering that satisfaction of the lawsuit will result in fundamental changes in the legislation as well as institutional and technical maintenance of the system in accordance to the new law, the Court defined March 31, 2017, as a reasonable and sufficient time for the execution of the decision.
The constitutional lawsuit was prepared by Public Defender of Georgia and participants of the Campaign This Affects You. By citizens of Georgia: Giorgi Burjanadze, Lika Sajaia, Giorgi Gotsiridze, Tatia Kinkladze, Giorgi Chitidze, Lasha Tugushi, Zviad Koridze and Open Society Georgia Foundation, by Transparency International – Georgia, Georgian Young Lawyers’ Association, International Society for Fair Elections and Democracy and Human Rights Center vs Parliament of Georgia.
Human Rights Center believes the decision of the Constitutional Court of Georgia is a step forward because it will promote better defense of human rights and deprives all institutions from the possibility to violate citizens’ right to personal life.
Human Rights Center hopes the relevant legislative amendments will be done before March 2017, which will be pre-condition to make Georgian legislation more compliant to European Standards.
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