Statements

The Constitutional Court has declared the existing regulation of secret surveillance and wiretapping unconstitutional. In its decision, the Court stated that creation, possession, administration and use of technical tools for obtaining personal data in real time (including creation of software) and the ability to have direct access to personal information through these tools, also copying and retaining identifying information (metadata) by an agency that has been delegated with the function of investigation or has a professional interest to access such information, heightens the threat of unreasonable interference in personal life. The Court set March 31, 2017, as a deadline for the Georgian Parliament to make applicable legal norms compliant with the Constitution.  

In January 2017, a working group was set up in the Parliament of Georgia, where representatives of members of This Affects You Too campaign also participated. On January 29, the ruling party unveiled a bill before the working group, according to which a new agency under the State Security Service will be authorized to monitor telephone and internet communications, and conduct video and audio surveillance. The proposed model clearly contradicts the above decision of the Constitutional Court and creates the threat of encroachment upon human rights without any valid reason. There are a number of critical issues that need to be addressed, including: 

Independence of the Agency – as noted earlier, an agency will be set up under the State Security Service and its head will be appointed/dismissed by the head of the State Security Service, who will also approve internal rules of the agency and implements direct oversight. 

Competencies of the Agency – according to the bill, the agency will have broad competencies without any check or balance. It will be authorized to create, use and control all software and technical tools necessary for its operation; impose concrete obligations on private providers, audit private companies and impose fines if a violation is observed. In addition, not only does the Agency carries out secret wiretapping and processing of identifying information from electronic communications but it also implements operative/investigative activities like secret audio-video recording and more. Consequently, it will not serve as a service provider but an agency with much power and authority delegated with certain exclusive powers. It will also continue to have access to personal information of citizens, which clearly contradicts the decision of the Constitutional Court of Georgia. 

Mechanism of control –according to the bill, several entities will have a different degree of authority to control the agency but none of them are effective enough to control such an influential office. As noted earlier, the Agency carries out operative activities while also creating, purchasing and protecting necessary software or technical equipment. It also serves as a controller of private entities and is authorized to impose concrete sanctions on them. It is impossible to check and balance such vast powers of the Agency through mechanisms of control introduced by the bill, including a modified mandate of the trust group. 

This Affects You Too campaign believes that approving the model would mean neglecting the decision of the Constitutional Court of Georgia, which amounts to violation of the constitutional order in the country and jeopardizes principles of the legal state. 

The Campaign urges the legislature to respect the decision of the Constitutional Court, the Constitution of Georgia and the constitutional order, as a guarantor of security of the country and protection of human rights.