Tbilisi. Institute for Development of Freedom of Information (IDFI) published the statement.
“Based on the appeals of “Institute for Development of Freedom of Information” and “Media Development Foundation” the Constitutional Court of Georgia, by its decision of June 7, 2019, ruled that the provisions of the Law of Georgia on Personal Data Protection, specifically Article 5 and paragraphs 1 and 3 of Article 6 were unconstitutional as they prohibited access to the full text of court decisions delivered within the scope of public hearings by Common Courts of Georgia. According to the constitutional court, any decision rendered in the process of adjudication should be open unless there is a substantiated necessity to restrict its accessibility. The Court declared the disputed norms void from May 2020 and thus gave the Parliament of Georgia time to harmonize existing legislation with the requirements of the Constitution, but the Parliament has not adopted appropriate legislative amendments within the prescribed time frame. Although no changes have been made to the legislation to date, from May 1, 2020 the provisions of the Law of Georgia on Personal Data Protection, that restrict access to the full text of court decisions delivered within the scope of public hearings by Common Courts of Georgia, are abolished”, - is mentioned in the statement, - “IDFI requested the full text of the judgments rendered in May 2020 from several common courts. In response to our requests, courts stated that they are obliged to protect the personal data contained in the judicial acts from disclosure, therefore, they cannot provide us with the full texts of court decisions (without personal data being redacted)”.