პირადი ცხოვრების ხელშეუხებლობა ფარული საგამოძიებო მოქმედებების ჩატარებისას

With the development of technology, the risk of illegal interference with the right to privacy is increasing day by day. This is a fundamental right protected by the constitution of Georgia (Paragraph 15). The main guarantee of the right to privacy is the state. There is a particular risk in conducting covered investigations in order to avoid obtaining and storing information that will fundamentally destroy the Constitution (Paragraph 15). In case of inviolability of private life, the right of protecting personal data, family life, correspondence, listening to telephone conversations must be protected.1
The so-called "prison videos" published in 2012 clearly showed how much change was necessary in the legislation and the existing system had to be changed from beginning to end. The EU recommendation also addressed the needs for an independent, state-run body to oversee hidden investigative activities. The role of the court is also very important in this case, as it depends on whether it will satisfy the prosecutor's mediatory activities to launch a covered investigation.
It is necessary to have a strong judicial institution in the country, where judges will make decisions independently, will not be influenced by high-ranking officials and will try their best to satisfy only those mediatory actions that are necessary to achieve security in the state.
In the process of conducting covered investigative actions, there are frequent cases when the procedural part is violated, as the rights of the person against whom the mentioned measures are carried out, as to third persons who have no connection with the case at all, but have direct contact with the addressee of the covered investigative action.
The purpose of this issue is to discuss the risks associated with the right to privacy in conducting covert investigative actions. What legal levers does the state have in terms of avoiding these facts. The issue describes the role of the state inspector in conducting hidden investigative actions. A very important step is the creation of a register of covert investigative actions by our country, which annually publishes statistics on satisfied or unsatisfied mediatory activities based on hidden investigative actions.