The Ministry of Internal Affairs extensively uses facial recognition cameras against protest participants during proceedings based on alleged offences. This practice is especially noticeable in cases initiated under offences for blocking roads. Generally, in such cases, photos obtained from facial recognition cameras often serve as the only evidence, which, in most cases, is considered sufficient proof for the court to declare a person an offender, without assessing the context. The court usually does not assess whether the identification of an individual was lawful or whether the person who performed the identification had the proper access to protected databases, in accordance with personal data protection legislation.

According to the information disseminated in public sources, LEPL “Public Safety Command Center 112” of the Ministry of Internal Affairs of Georgia has purchased 30 facial and emotion recognition cameras.¹ The purchase of these cameras followed the letter from the Director of “122”, in which it was explained that during the protests between 28 November and 4 December, 115 cameras installed on Rustaveli Avenue and in the surrounding territory had been damaged.² Facial recognition and remote biometric recognition technologies enable identification of a person and discriminatory targeted surveillance. This practice undermines fundamental rights, such as the right to privacy, the data protection, the freedom of expression, the right to free assembly and association, and the rights to equality and non-discrimination.³

The use of such cameras in practice, with the purpose of breaching human rights, is widespread in autocratic/totalitarian regimes. According to the assessments of the “Human Rights Watch“, the use of such technologies not only violates the right to privacy but also the freedoms of expression and assembly. ⁴

According to the Law of Georgia “on Personal Data Protection“, “[i]f, taking into account the new technologies, categories and the volume of data, and the purposes and means of data processing, there is a high probability of threat of violation of fundamental human rights and freedoms during data processing, a controller is obliged to carry out a data protection impact assessment in advance.”⁵

Considering the existing experience, including the growing practice of violation of the freedom of assembly, GYLA calls on the Personal Data Protection Service to immediately conduct inspection at the Ministry of Internal Affairs and examine:

- Whether a data protection impact assessment was carried out in advance, and to what extent actions related to data are registered, as well as whether the organizational and technical security measures comply with the current law;

- To what extent access to protected information in a special electronic programme is lawfully granted based on work purposes, and whether the levels of access align with personal data protection standards.

1 Radio Tavisupleba, Amidst the protests near Parliament, 112 has purchased 30 facial and emotion recognition cameras, https://www.radiotavisupleba.ge/a/%E1%83%90%E1%83%A5%E1%83%AA%E1%83%98%E1%83%94%E1%83%91%E1%83%98%E1%83%A1-%E1%83%A4%E1%83%9D%E1%83%9C%E1%83%96%E1%83%94-%E1%83%A1%E1%83%90%E1%83%AE%E1%83%98%E1%83%A1-%E1%83%90%E1%83%9B%E1%83%9D%E1%83%9B%E1%83%AA%E1%83%9C%E1%83%9D%E1%83%91%E1%83%98-%E1%83%99%E1%83%90%E1%83%9B%E1%83%94%E1%83%A0%E1%83%94%E1%83%91%E1%83%98-%E1%83%98%E1%83%A7%E1%83%98%E1%83%93%E1%83%94%E1%83%A1/33239681.html, [14.12.2024].

2 Legal Entity Under Public Law - Public Safety Command Center “112”, Letter of 13 December 2024 - MIA 0 24 03791054, https://tenders.procurement.gov.ge/public/library/ssp/document.php?code=spa-smp/1ae4172dcce32ae957801b13d9daa875-21487ae6-8cce-4391-bd3c-be7819e176f7&mime=application/pdf&save=%E1%83%93%E1%83%90%E1%83%A1%E1%83%90%E1%83%91%E1%83%A3%E1%83%97%E1%83%94%E1%83%91%E1%83%A3%E1%83%9A%E1%83%98%20%E1%83%92%E1%83%90%E1%83%93%E1%83%90%E1%83%AC%E1%83%A7%E1%83%95%E1%83%94%E1%83%A2%E1%83%98%E1%83%9A%E1%83%94%E1%83%91%E1%83%90.pdf, [14.12.2024].

3 Amnesty International, Amnesty International and more than 170 organisations call for a ban on biometric surveillance, https://www.amnesty.org/en/latest/press-release/2021/06/amnesty-international-and-more-than-170-organisations-call-for-a-ban-on-biometric-surveillance/, [14.12.2024].

4 ibid.

5 The Law of Georgia “on Personal Data Protection“, Article 31.