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SECURITY SECTOR / Analytical Documents

Amendments to the Law on Special Investigation Service and Law on Personal Data Protection Incompletely Reflect the Venice Commission's Recommendations

On February 21, 2024, MPs of the parliamentary majority of Georgia initiated amendments to the laws “On Special Investigation Service" and "On Personal Data Protection”. The Parliament approved the draft laws with the third and final hearing on May 29, 2024.[1] According to the explanatory note, the amendments serve to implement recommendations received by Georgia on November 8, 2023, in the communication prepared by the European Commission on the Enlargement Policy.

EU Commission report prescribed nine priorities, implementation of which is required from Georgia to make further steps in its EU integration process.[2] Seventh recommendation requires improvement of effectiveness and institutional independence of the Anti-Corruption Bureau, Special Investigative Service (SIS), and the Personal Data Protection Service (PDPS).[3] The European Commission explains that the process should be inclusive and serve to reflect in legislation the recommendations issued by the “European Commission for Democracy through Law” (hereinafter - the Venice Commission) towards these institutions.[4]

The given document reviews the compliance of the draft laws initiated by the MPs of the parliamentary majority with the recommendations issued by the Venice Commission in the context of fulfilling the 7th priority defined by the European Commission. Within the framework of the same recommendation, the amendments were developed regarding the organization of the Anti-Corruption Bureau. However, due to the working scope of the Social Justice Center, this issue was not analyzed in the document.

The draft law incompletely reflects the recommendations of the Venice Commission. In some instances, the proposed amendments are fragmented and cannot ensure the independence and effectiveness of special investigative and personal data protection services (hereinafter referred to as Services, SIS, PDPS).


Footnote and Bibliography

[1] Website of the Parliament of Georgia, available at: https://tinyurl.com/3e52tunj, updated 29.05.2024.

[2] European Commission 2023 Communication on Enlargement Policy (excerpt on Georgia), available at: https://tinyurl.com/5xhaf3z9, updated: 12.03.2024.

[3] Ibid.  

[4] Ibid.

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