Journal №2 (2024)
We are pleased to present the latest edition of the Journal of Personal Data Protection Law, which reflects the rapidly evolving challenges in the field of privacy and examines current developments in data protection law. See in ...
2024-12-12
Welcome Letter
∘ Lela Janashvili ∘
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We are pleased to present the latest edition of the Journal of Personal Data Protection Law, which reflects the rapidly evolving challenges in the field of privacy and examines current developments in data protection law. See in ...
2024-12-12
Journal №2 (2024)
As part of a “European data strategy", the European Commission has long been endeavouring to create a uniform European internal data market and to establish new regulations for the use of artificial intelligence. In the area of conflict between the requirements of Article 8 of the Charter of Fundamental Rights of the European Union on data protection on the one hand and the need to facilitate the handling of personal data - which is important for the digital economy - on the other, several laws proposed by the European Commission (Data Governance Act, Data Act, Digital Services Act and Digital Markets Act) have created the necessary framework conditions. The Digital Services Act in particular regulates the new obligations for providers of digital services. See in ...
2024-12-12
E-Commerce and Data Protection - The Digital Services Act and its National Implementation
∘ Norbert Bernsdorff ∘
Abstract
As part of a “European data strategy", the European Commission has long been endeavouring to create a uniform European internal data market and to establish new regulations for the use of artificial intelligence. In the area of conflict between the requirements of Article 8 of the Charter of Fundamental Rights of the European Union on data protection on the one hand and the need to facilitate the handling of personal data - which is important for the digital economy - on the other, several laws proposed by the European Commission (Data Governance Act, Data Act, Digital Services Act and Digital Markets Act) have created the necessary framework conditions. The Digital Services Act in particular regulates the new obligations for providers of digital services. See in ...
2024-12-12
Journal №2 (2024)
In the preliminary ruling proceedings in the Deutsche Wohnen case from 2023, the ECJ clarified that the supervisory authorities must be able to prove fault towards the controller when imposing fines in accordance with Art. 83 GDPR. Depending on how the decision is read, the Court thus rejected the calls for strict liability. Meanwhile, the Berlin Court of Appeal, which referred the case to the ECJ, took note of the decision and referred it back to the competent Berlin Regional Court by order of 22 January 2024, which must reassess the legality of the fine in light of the Court's requirements. The decision of the Court of Appeal gives cause to recapitulate the principles established by the ECJ and - as will be shown - to apply a different reasoning than that chosen by the Court of Justice. The ECJ derived the culpability requirement from a methodologically correct interpretation of Art. 83 GDPR and the general system and objective of the General Data Protection Regulation (GDPR) and ...
2024-12-12
“Poena Sine Culpa” in Data Protection Law? On The Validity and Scope of the Principle of Culpability in the Imposition
∘ Thomas Hoeren ∘ Philip Mayer ∘ Gesa Schenke ∘
Abstract
In the preliminary ruling proceedings in the Deutsche Wohnen case from 2023, the ECJ clarified that the supervisory authorities must be able to prove fault towards the controller when imposing fines in accordance with Art. 83 GDPR. Depending on how the decision is read, the Court thus rejected the calls for strict liability. Meanwhile, the Berlin Court of Appeal, which referred the case to the ECJ, took note of the decision and referred it back to the competent Berlin Regional Court by order of 22 January 2024, which must reassess the legality of the fine in light of the Court's requirements. The decision of the Court of Appeal gives cause to recapitulate the principles established by the ECJ and - as will be shown - to apply a different reasoning than that chosen by the Court of Justice. The ECJ derived the culpability requirement from a methodologically correct interpretation of Art. 83 GDPR and the general system and objective of the General Data Protection Regulation (GDPR) and ...
2024-12-12
Journal №4
The study of the lawfulness of personal data processing is one of the primary functions of the Personal Data Protection Service. This includes both the review of applications related to personal data processing and the examination (inspection) of its legality. This article explores the principles guiding the study of the lawfulness of personal data processing, which stem from the requirements set forth in the Law of Georgia “On Personal Data Protection” and the Code of Administrative Offenses of Georgia. These principles serve as the foundation upon which the Personal Data Protection Service evaluates each case. See in ...
2024-12-12
Principles of Administrative Offense Proceedings in Assessing the Lawfulness of Personal Data Processing
∘ Otar Chakhunashvili ∘
Abstract
The study of the lawfulness of personal data processing is one of the primary functions of the Personal Data Protection Service. This includes both the review of applications related to personal data processing and the examination (inspection) of its legality. This article explores the principles guiding the study of the lawfulness of personal data processing, which stem from the requirements set forth in the Law of Georgia “On Personal Data Protection” and the Code of Administrative Offenses of Georgia. These principles serve as the foundation upon which the Personal Data Protection Service evaluates each case. See in ...
2024-12-12
Journal №2 (2024)
A lawyer processes a wide range of information in the course of professional activities, often involving a high likelihood of accessing personal data. In many cases, this includes special categories of personal data, requiring the lawyer to exercise heightened caution and adhere strictly to legal requirements. It is essential to distinguish between processing data for personal and professional purposes, ensuring data security, and safeguarding the client’s interests. Since legal practice does not grant unlimited mandate, unlawful processing of personal data by a lawyer can trigger a chain reaction. Specifically, a single action may not only violate personal data processing regulations but also breach professional standards. This article focuses on the reconciliation and analysis of established practice, examining individual cases of violations of lawfulness or personal data processing standards within the context of legal practice. See in ...
2024-12-12
Scope of Personal Data Processing in Legal Practice
∘ Sergi Jorbenadze ∘
Abstract
A lawyer processes a wide range of information in the course of professional activities, often involving a high likelihood of accessing personal data. In many cases, this includes special categories of personal data, requiring the lawyer to exercise heightened caution and adhere strictly to legal requirements. It is essential to distinguish between processing data for personal and professional purposes, ensuring data security, and safeguarding the client’s interests. Since legal practice does not grant unlimited mandate, unlawful processing of personal data by a lawyer can trigger a chain reaction. Specifically, a single action may not only violate personal data processing regulations but also breach professional standards. This article focuses on the reconciliation and analysis of established practice, examining individual cases of violations of lawfulness or personal data processing standards within the context of legal practice. See in ...
2024-12-12
Journal №2 (2024)
We live in an era where information drives every decision. Accurate and rapid data analysis fuels industries, shapes societies, and accelerates progress. At the heart of this transformation are cloud systems — revolutionizing how governments, businesses, and individuals operate. While this technology unlocks immense opportunities and streamlines daily processes, it also presents significant challenges, particularly in the legal and ethical processing of personal data. See in ...
2024-12-12
Data Processing in Cloud Systems - Challenges and Opportunities
∘ Beka Meladze ∘
Abstract
We live in an era where information drives every decision. Accurate and rapid data analysis fuels industries, shapes societies, and accelerates progress. At the heart of this transformation are cloud systems — revolutionizing how governments, businesses, and individuals operate. While this technology unlocks immense opportunities and streamlines daily processes, it also presents significant challenges, particularly in the legal and ethical processing of personal data. See in ...
2024-12-12
Journal №2 (2024)
The primary objective of the Law of Georgia “On Personal Data Protection” is to safeguard the rights to privacy, family life, personal space, and the inviolability of communication. Video monitoring constitutes one of the forms of personal data processing. To ensure the protection of an employee’s rights as a data subject—particularly the right to personal autonomy—and to lawfully implement video monitoring of the workplace and work processes, it is essential to consider a range of legal aspects established under the Law on Personal Data Protection. This paper examines the legislative framework governing the implementation of video monitoring in the workplace, alongside the relevant practices of the Personal Data Protection Service, supervisory authorities in European jurisdictions, and the European Court of Human Rights. Additionally, it addresses specific legal considerations pertaining to the video monitoring of employees’ workspaces and work ...
2024-12-12
Video Monitoring of an Employees Work Process - Space
∘ Giorgi Khorbaladze ∘
Abstract
The primary objective of the Law of Georgia “On Personal Data Protection” is to safeguard the rights to privacy, family life, personal space, and the inviolability of communication. Video monitoring constitutes one of the forms of personal data processing. To ensure the protection of an employee’s rights as a data subject—particularly the right to personal autonomy—and to lawfully implement video monitoring of the workplace and work processes, it is essential to consider a range of legal aspects established under the Law on Personal Data Protection. This paper examines the legislative framework governing the implementation of video monitoring in the workplace, alongside the relevant practices of the Personal Data Protection Service, supervisory authorities in European jurisdictions, and the European Court of Human Rights. Additionally, it addresses specific legal considerations pertaining to the video monitoring of employees’ workspaces and work ...
2024-12-12
Journal №2 (2024)
The objective of this article is to examine the current legal framework governing artificial intelligence, as well as the prevailing challenges concerning fundamental human rights, particularly the right to privacy and the protection of personal data in the context of AI operation and development. This study further explores the complexities and international best practices related to the processing of personal data by and through artificial intelligence. See in ...
2024-12-12
Legal Regulation of Artificial Intelligence Systems and Challenges related to Personal Data Protection
∘ Mariami Giorgadze ∘
Abstract
The objective of this article is to examine the current legal framework governing artificial intelligence, as well as the prevailing challenges concerning fundamental human rights, particularly the right to privacy and the protection of personal data in the context of AI operation and development. This study further explores the complexities and international best practices related to the processing of personal data by and through artificial intelligence. See in ...
2024-12-12
Journal №2 (2024)
With the enactment of the new Law of Georgia on Personal Data Protection, the need to balance a high standard of data security with the legitimate interest in processing data for academic research has become increasingly relevant. This article examines the legal aspects of personal data protection that researchers must consider when conducting scientific and academic studies. It explores key issues that arise in daily research activities and highlights relevant best practices. See in ...
2024-12-12
Personal Data Protection in Scientific and Academic Research
∘ Marika Abazadze ∘
Abstract
With the enactment of the new Law of Georgia on Personal Data Protection, the need to balance a high standard of data security with the legitimate interest in processing data for academic research has become increasingly relevant. This article examines the legal aspects of personal data protection that researchers must consider when conducting scientific and academic studies. It explores key issues that arise in daily research activities and highlights relevant best practices. See in ...
2024-12-12
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