Georgia: The Law of Georgia on the Protection of Personal Data created a new article regulating data processing for direct marketing. Direct marketing means forming and preserving interest in images and social themes, as well as realizing and supporting the delivery of information to the data entity/voter.
It should be remembered that direct and indirect delivery of information to a data entity/voter for support through telephone, mail, email, or other electronic means is direct marketing, which may be an integral component of events determined by the pre-election campaign (agitation).
For this purpose, processing the data entity/voter’s data shall be protected under Article 12 of the Georgian Law on PDPS (Data Processing for Direct Marketing) the following requirements:
• Regardless of the basis of data collection/acquisition and their availability, data for direct marketing can only be processed with the consent of the data entity/voter;
• In addition to the name, surname, address, telephone number, and email address of the data entity/voter, its written consent is necessary for processing other data for direct marketing;
• Before receiving the consent of the data entity/voter and for direct marketing, the person responsible for the processing shall explain to them in a language clear and understandable him/them the right to use the consent at any time and the mechanism/procedure for exercising these rights;
• The person responsible for the processing shall ensure that the data entity/voter can request a termination of data processing for direct marketing in the same way as direct marketing is carried out or determine another available and adequate means of requesting a termination of the data processing;
• The means for requesting to stop data processing for direct marketing purposes should be simple. Similarly, the data entity/voter shall be given clear and easy-to-understand instructions regarding the use of this tool;
• It is unacceptable to impose a fee or other restriction imposed by the data entity/voter to exercise the right to use consent.
It is indicative that the data entity/voter’s consent to the generation of its data processing for direct marketing purposes should be voluntary, concrete, and active action, which means that it has detailed information privately:
• Who/which organization (including political party) will process its data and what data will be processed (for example, telephone number, name, address, etc.) .. );
• How to send a marketing message to her (short text message, email) mail, phone call ;
• Reuse the consent he declared at any time.
Given all the above, the Personal Data Protection Service, as an independent body controlling the legality of data processing, calls on political parties and candidates of the electoral entity, in case of direct marketing, to protect the rights of the data entity/voter as provided by the Law of Georgia and IMO Act by the requirements stipulated by Law.
