On February 6, the parliamentary majority initiated a legislative package that regulates the conduct of covert investigative actions in a new way. The legislative package provides for the creation of a legal entity of public law, Operative-Technical Agency of Georgia, which will be responsible for covert surveillance and eavesdropping. Together with technical implementation of eavesdropping, the agency will have a number of other functions, which makes it an interested entity in obtaining as much information as possible. The agency will also be granted the powers to exercise control on electronic communications companies. Therefore, instead of an independent structure, the legislative package provides for the creation of a unit of the State Security Service with even more powers and a risk of abusing these powers.
Below we give a list of the main risks and shortcomings related to the legislative package:
It is also noteworthy to mention that the working group on the draft law had to operate within a very limited time period. Moreover, the non-governmental organizations involved in the working group were provided with the version of the draft law presented by the Parliament only four hours before the final working group meeting. The working group did not take into consideration the opinions of the This Affects You Too campaign on the institutional structure and control mechanisms of the agency. There are significant risks in holding the discussions of draft laws of such scope and high-public interest in such a hasty manner.