Koba Grialashvili
Ph.D. Student, Eastern European University
Abstract
Globalization has presented new challenges in the direction of processing of personal data. The scale of its processing has increased significantly. In this regard, it is notable that the volume of data processing by law enforcement agencies is significant, since in order to exercise their powers under the legislation, they have the ability to obtain data from both open and hidden sources and otherwise process it, as for technology, it allows the law enforcement agencies to process personal data on an unprecedented scale. It should be noted that the right to protection of personal data is not recognized as a separate right under the European Convention on Human Rights, as well as the Constitution of Georgia, and is included in the protected sphere of the rights to private and family life, personal space, and inviolability of communication. However, the European Union has chosen a different approach. In particular, based on the Treaty of Lisbon, the “Charter of Fundamental Rights” has come into force, where the right to the protection of personal data is considered as a separate right. The latter was due to the risks caused by technological development. Accordingly, processing of the personal data for law enforcement purposes constitutes an intervention in the rights to privacy and the protection of personal data. However, these rights are not absolute. In order to justify such interference of the named rights, it is necessary to maintain a balance between the right of the relevant person/legal person on the one hand, and the effective functioning of the law enforcement agencies, on the other.
The conference will address challenges that globalization and technological development create for protecting personal data. Especially when law enforcement entities process the data. The approaches of the Council of Europe and the European Union will be discussed in this regard. Additionally, the compliance of Georgian legislation with European regulations will be assessed, the standard by which personal data is protected during the activities of law enforcement agencies. Relevant recommendations will be issued.
Keywords: Personal Data, Activities of Law Enforcement Agencies, Technological Development
JEL: K42; D83; L86
DOI: 10.52244/c2025.43
The article is in Georgian.
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