Translated by IRIS Georgia Updated as of March 2004 CHAPTER 3 FREEDOM OF INFORMATION Article 27. The definition of terms The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means an administrative agency, or an artificial person of Private Law funded by the State or local government budget, but only within the scope of such funding. (b) “Corporate public agency” means a public agency that incorporates a governing or advisory board consisting of more than one person, and in which decisions are jointly made or prepared by more than one person. (c) “Member of a corporate public agency” means a public servant who participates in decision-making of a corporate public agency with the right to vote. (d) “Official” means the person indicated in Article 2 of the Law of Georgia on Conflict of Interests and Corruption in Public Service. (e) “Session” means the hearing of a matter by members of an agency for the purpose of preparing or rendering a decision on behalf of the public agency. (f) “Publicizing” means entry of public information into a public register in accordance with law and making public information accessible for the public. (g) “Public database” means data that is systematically collected, processed and stored by a public agency or public servant. (h) “Personal data” means public information that allows identification of a person. (i) “Executive privilege” means the exemption of a public agency or public servant from the obligations stipulated by this Chapter. (j) “Urgent necessity” means a threat of violation of the law, or a genuine threat to the functioning of public agencies in a democratic society. Article 271. Personal secret The matter whether particular information constitutes a personal secret shall be decided by the information subject, except as otherwise prescribed by the law. Article 272. Commercial secret 1. Commercial secret means any information concerning the plan, formula, process, or means that constitute a commercial value, or any other information that is used to produce, prepare, or reproduce goods, or provide service, and/or which represents an innovation or a significant technical accomplishment, or any other information, disclosure of which could reasonably be expected to cause competitive harm to a person. 2. No information concerning an administrative agency shall be considered commercial secret. 3. When submitting particular information, a person shall indicate whether it constitutes commercial secret. A public agency shall within 10 days categorize the information specified in Paragraph 1 of this Article as commercial secret, unless the applicable Page 10 of 54

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