Georgia: National Security and Law Enforcement Exemption

The national security and law enforcement exemption in Georgia's LPDP has several implications:

  1. Government agencies and security services: When processing state secrets for the specified purposes, these entities are not bound by the requirements of the LPDP. This allows them to operate with greater flexibility in matters of national security and defense.
  2. Private companies working with government: Organizations contracted by the government to process state secrets for national security, defense, or intelligence purposes may also be exempt from the LPDP's requirements for those specific activities.
  3. Scope limitation: The exemption is narrowly defined, applying only to state secrets and specific purposes. This means that other data processing activities by law enforcement or security agencies that do not involve state secrets or fall outside the specified purposes would still be subject to the LPDP.
  4. Balancing privacy and security: This provision reflects the common practice of balancing individual privacy rights with national security interests, allowing certain critical state functions to operate outside the constraints of general data protection regulations.
  5. Potential for abuse: While necessary for national security, such exemptions could potentially be misused to circumvent data protection obligations. The narrow definition of the exemption (limited to state secrets) may help mitigate this risk.

Jurisdiction Overview