The evaluation by the Public Defender of Georgia, Levan Ioseliani, states that the order issued by the Minister of Justice, Rati Bregadze, which approves the rules for producing the register of organizations working on behalf of a foreign power, based on the Russian law, and for the submission of financial declarations and monitoring, creates a high risk of arbitrariness by the state regarding access to personal data.
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Based on information from the Office of the Public Defender, a general proposal was addressed to the Minister of Justice regarding the prevention of discriminatory interference with the personal data of individuals employed in organizations.
"Under the mentioned by-law, the personal data (such as name, surname, personal number, and bank account number) of employees, as well as experts hired through short-term employment relationships, must be included in the financial declaration submitted by organizations required to register in the register of organizations carrying out the interests of foreign powers. This data is subject to public disclosure.
The Public Defender’s assessment indicates that the existing monitoring mechanism established by the minister’s order poses a high risk of state arbitrariness concerning access to personal data.
The public publication of personal data is deemed unjustified and harmful, with a significant binding, weakening, and stigmatizing effect on the activities of individuals employed in organizations required to register as carrying out the interests of foreign powers," states the Public Defender.
The Public Defender urges the Minister of Justice to amend the aforementioned order to ensure that the personal data of individuals, including employees listed in the declarations submitted by organizations required to register, is not subject to public disclosure.
The Russian law on so-called foreign agents requires all non-governmental and media organizations receiving more than 20% of their income from international grants to register in the register of organizations carrying out the interests of foreign powers. Organizations must apply to the National Agency of Public Registry for registration by September 2. Failure to register or submit a financial declaration by this deadline will result in a fine of 25 000 GEL. The law also stipulates additional fines of 10 000 and 20 000 GEL for organizations that do not comply with the Ministry of Justice’s requirements.
The Russian law has been challenged in the Constitutional Court, where a regulatory session was held from August 29 to 31. The plaintiffs argue that the law contradicts several articles of the Constitution and should therefore be repealed. Additionally, the plaintiffs seek a suspension of the disputed norms until the Constitutional Court issues a final decision. In the coming days, it will be determined whether the court will accept the lawsuits and decide to suspend the law.
