On August 30, 2024, the Public Defender of Georgia addressed the Minister of Justice with a general proposal relating to the prevention of discriminatory use of the personal data of persons employed in organizations with the obligation to register in the registry of organizations carrying out the interests of foreign forces.

The Public Defender evaluated the discriminatory nature of order No. 1019 of the Minister of Justice of August 1, 2024, which refers to the approval of “The procedure for the production of a register of organizations carrying out the interests of foreign forces, submission of financial declarations and monitoring". On the basis of the mentioned subordinate act, the personal data (name, surname, personal number, bank account number, etc.) of employees, as well as experts hired within the framework of short-term employment relationships, to be reflected in the financial declaration by organizations with the obligation to register in the registry of organizations carrying out the interests of foreign forces, are subject to publication.

According to the Public Defender, the existing monitoring mechanism established by the Minister's order creates a high risk of arbitrariness on the part of the State in terms of access to personal data. Making personal data public is unjustified and harmful, has a strong restraining, chilling and stigmatizing effect on the activities of persons employed in organizations with the obligation to register in the registry of organizations carrying out the interests of foreign forces.

The Public Defender believes that in all such cases, the Government has a heavy burden to justify the necessity of the relevant restrictions.

Thus, the Public Defender of Georgia appeals to the Minister of Justice to make changes to the above-mentioned order so that the personal data of individuals, including employees, specified in the declarations submitted by the organizations with the obligation to register, are not subject to publication.