Georgian NGOs protest against Secret Surveillance bill

NGOs-participants in ‘This Affects You’ campaign, aimed against secret surveillance and interference in private life, will not participate in debates on the parliamentary majority’s proposed bill on secret surveillance.

As the NGO members explained, the ruling party’s proposal violates the Constitutional Court ruling.

In April last year, the Constitutional Court sustained a lawsuit filed by ‘This Affects You’ campaign participants. In its judgment the Court pointed out that the National Security Service’s access to personal data creates a risk of unjustified interference in the citizens’ private life and it gave the Parliament time until March 31, 2017, to bring the law provisions in line with the Constitution.

Under the new bill proposed by the ruling Georgian Dream party, a new independent agency, accountable to the President and Premier, should be set up to ensure secret surveillance over suspects. However, the ‘independent’ agency shall be included in the National Security Service structure and the latter will be entitled to appoint the agency administration. According to the NGO members, it means that the authorities are not actually going to change anything.

Georgian President, Giorgi Margvelashvili, also commented on the law. He believes, the Parliament should, ‘at least this time’, adopt the appropriate secret surveillance legislation, in which ‘the citizens’ rights and national security interests will be observed once and forever’. According to the President’s spokesperson, it is equally important to elaborate a model that will provide for specific control mechanisms. 

Regulation of secret surveillance in Georgia

•  The National Security Service was set up in Georgia as a result of Interior Ministry’s reform in 2004.It caused the NGOs’ criticism over possible duplication of the MoI functions and limited chances for the parliamentary control.

• The so-called ‘Double Key’ system has been in effect since March 31, 2015. Under this system, apart from the court sanction, the law-enforcement agencies also require the personal data inspector’s permission to carry out secret surveillance. However, the defense agencies still have technical means to perform secret surveillance bypassing the personal data inspector and court.

• In April 2016, the Constitutional Court of Georgia recognized as unconstitutional the National Security Service’s access to telecommunication operators’ data. The Court found that the legislation in effect couldn’t’ ensure mechanisms of control over obtaining of personal data.

‘This Affects You’ campaign

• ‘This Affects You’ campaign is a civic public movement that brings together various Georgian NGOs. The campaign was launched in February 2012 and it aimed to improve country’s electoral environment. The campaign was resumed in 2014, this time against unlawful surveillance, interception and interference in the citizens’ private life. In April 2015, the campaign initiators filed a lawsuit with the Constitutional Court, demanding that secret surveillance law be recognized as unconstitutional. The campaign resumed again in March 2016, after release of video materials featuring the politicians’ private life.