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Personal Data Protection Inspector Recognized MIA, Department of Common Courts and Rustavi City Court as Offenders

20.09.2017

 
With regard to lawyer Giorgi Mdinaradze’s case, the Personal Data Protection Inspector recognized the Ministry of Internal Affairs, public law legal entity Department of Common Courts and the Rustavi City Court as offenders of the administrative law. 

Former head of the Vake-Saburtalo district police unit # 5 Lasha Kvirkvaia, who is accused of the physical violence against the lawyer Giorgi Mdinaradze, in social media and mass media disseminated information claiming that in the past Giorgi Mdinaradze was convicted for administrative offence. To verify his allegations, the former police officer presented the materials received from the MIA, from the administration of common courts and Rustavi City Court.

Based on the complaint of the lawyer Giorgi Mdinaradze, the Personal Data Protection Inspector discussed the legality of using personal data about Giorgi Mdinaradze from the archive of the MIA, legality of requesting the documents from the department of common courts and Rustavi City Court and assigning them to the representative of the third person – Lasha Kvirkvaia. 

Personal Data Protection Inspector recognized the MIA to be the offender of the Articles 5 and 6 of the Law of Georgia on the Protection of Personal Data.
 
With her decision, the Inspector recognized the department of common courts and Rustavi City Court to be offenders of the administrative law. In accordance to the Inspector’s decision, the institutions violated Articles 5 and 6 of the Law of Georgia on Personal Data Protection by assigning the materials about Giorgi Mdinaradze’s charge to the third person.

It is noteworthy that Lasha Kvirkvaia and his defense lawyers enclosed the illegally obtained materials to the criminal case, which is now discussed in the Tbilisi City Court. After the decision of the Personal Data Protection Inspector, it is estimated that the defense side provided the court with illegally obtained evidence for the processed criminal case. 

It is important to note that Public Defender of Georgia sent proposal to the MIA with regard to illegally obtained and disseminated personal data about Giorgi Mdinaradze and recommended to commence disciplinary process against Levan Kvirkvaia. As the Public Defender’s proposal reads, on November 7, 2016, the employee of the MIA Levan Kvirkvaia disseminated the information containing personal data about Giorgi Mdinaradze in Facebook. It is interesting that the acting police officer Levan Kvirkvaia is brother of the accused Lasha Kvirkvaia. 

Human Rights Center defends interests of the lawyer Giorgi Mdinaradze at the Tbilisi City Court.

Human Rights Center 

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