NGO opinions on the new draft concerning “Information Security”

Today, on April 24, 2012 three NGOs Georgian Young Lawyers’ Association (GYLA), “Institute for Development of Freedom of Information” and “International Transparency- Georgia” will submit their opinions to the Parliament on the draft of “Information Security”. NGOs consider that the legislative initiative is timely, since the risks associated with ever increasing speed of information technology development and utilization should be reflected in Georgian Legislation accordingly.

Legislative initiative on “Information Security”, examined by the Parliament of Georgia, attracts attention as far as number of provisions influences freedom of information regulating legislation and introduces certain corrections thereto. In particular,

1. The draft introduces the new types of closed public information, such as: confidential, restricted and non-classified information. The new type of public information goes beyond the list of secret information provided for by the Georgian Constitution (state, commercial and private secret) and is their non-legitimate continuation.

2. Administrative agencies will become entitled to grant to public information one from the listed four qualifications themselves, or to decide which public information belongs to which category – is it confidential, restricted, and non-classified or open. Delegation of such authority may complicate retrieval of public information, notwithstanding its publicity.