The new “Protection of Personal Data” law still defines fixed penalty amounts like the current law. Their volume has increased significantly. However, the amount of fines has been linked to the organizational form of the offender and its annual turnover.
The Violation of any of the principles of processing of data provided by law will cause a warning or penalty of 1,000 Gel to a legal entity, a public institution, a non-commercial (non-profit) legal entity, as well as a legal entity, the branch of a foreign country’s enterprise and an individual entrepreneur.
And whose annual turnover does not exceed 500 000 Gel, and the same action to a legal entity (GA Rda non-commercial (non-profit) A legal entity), a branch of a foreign country enterprise and an individual entrepreneur whose annual turnover exceeds 500 000 GEL, will cause them to be warned or fined by 2,000 GEL.
An important novelty of the law is mitigating and aggravating circumstances of responsibility. Defining mitigating circumstances: ceasefire of unlawful acts by an offender repairing the damage caused by an administrative offence and taking appropriate organizational-technical measures to prevent such a violation.
Committing a violation by a minor; sincere remorse of the Violation and personal data Cooperation with the defence service; also, other circumstances, such as the nature of the offence and the degree of the offender’s charge, which, When deciding the case, the head of the Personal Data Protection Service considers it as mitigating circumstances.
As far as aggravating circumstances are concerned, it is considered as Repeated committing the same administrative offence within one year, for which the person responsible for the processor / the person entitled to the processor has already imposed an administrative restriction: Processing of the data of a large number of data entities in Violation of the requirements of this law or creating such a danger; Slavery of a minor Processing of assault in Violation of the requirements of this law; Violation of law Committing suicide and committing offence with a discriminatory motive.
Here, in aggravating circumstances, there is an increased penalty for offences. Even the Violation of any of the above principles of data processing in aggravating circumstances will result in a fine of 1500 – 3000 Gel (depending on the legal form of the subject and annual turnover).
The novelty is that the failure to comply with the Personal Data Protection Service’s legal requirement is considered an administrative violation, for which the intended penalty is 1000-2000 GEL.
These changes will contribute to the effective enforcement of decisions made by the Personal Data Protection Service. They will have a significant impact on improving the overall personal data protection situation in the country.
