Translated by IRIS Georgia
Updated as of March 2004
Article 43. The procedures for processing personal data
A public agency shall:
(a) collect, process and store only those data that are expressly provided by law and are
necessary for the proper functioning of the agency;
(b) not allow collection, processing, storage, or disclosure of personal data relating to a
person’s affiliation with any religious, sexual, or ethnic group, or his political beliefs
or worldviews;
(c) develop and establish the program for controlling the conformity of collection,
processing, storage and content of the data with statutory goals and terms;
(d) destroy the data that is unrelated to the statutory goal when demanded by a person or
required by a court’s decision; destroy inaccurate, unreliable, incomplete and
irrelevant data and replace them with accurate, reliable, updated and complete data;
(e) store amended data, indicating the date of their use, together with original data for the
period of their existence, but note less than five years;
(f) during the collection of personal information about any person obtain information
directly from that person and other sources, only if all possibilities of obtaining
information from an initial source were exhausted, except as provided in Article 28 of
this Code, and only if the public agency is expressly authorized by law to collect,
process and store personal data about persons of certain category;
(g) enter into a public register the information about the collection and processing of
personal data and about the request for data by a third person or a public agency; date
of a request and the name/title and address of the applicant;
(h) immediately notify a concerned person at his current address of the request for his
personal data by a third person or a public agency, except as provided in Article 28 of
this Code;
(i) before transferring personal data to another person/public agency take all reasonable
measures for double-checking whether those data are accurate, relevant, updated and
complete;
(j) during the collection, processing and storage of personal data inform a concerned
person about the objectives and legal grounds for processing personal data, whether
the person is required to provide personal information, the sources and composition of
personal information and third persons who may gain access to it.
Article 44. Secrecy of personal data
1. No public agency shall disclose information constituting personal secret, except for
personal data of officials (including candidates to such positions), without the consent
of the information subject, or a founded decision that was rendered by court pursuant
to the law.
2. A person may appeal the agency’s decision to deny access to personal data within one
month after the denial.
3. A court may render the decision declassifying personal data only if it is impossible to
prove essential facts on the case on the basis of other evidence, and if all possibilities
of obtaining this information from other sources were exhausted.
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