In Georgia, certain businesses must follow strict rules on photo and video surveillance. Government Ordinance No. 101 sets these obligations. It defines technical standards for surveillance equipment and regulates how the systems must operate. The Ordinance also lists the properties where cameras are mandatory.
The Ordinance entered into force on the date of its signing, but the Ordinance gives the companies a transition period to ensure the placement/installation of a video surveillance system (The “System”) with specified requirements in accordance with the Ordinance.
The purpose of the Law
The objective of this Ordinance is to prevent crime, protect public safety and property, and provide legal control of matters of the installation of the System.
To Whom Does the Ordinance Apply?
The Ordinance requires owners to install automatic photo/video equipment on the specified real properties.
The Ordinance requires companies to implement the System if:
- The activities conducted in the real property are, inter alia, wholesale trade, retail trade, accommodation facilities (including hotels and motels), food and beverage services (including restaurants, bars, and so on); and
- The taxable turnover of the mentioned activity subject to value-added tax (“VAT”) exceeds 500,000 GEL over a continuous 12-month period.
Regardless of VAT-taxable turnover, the Ordinance requires companies to install the System if they conduct any of the specified activities, such as operating an inpatient medical facility, cigar bar, market or fair, shopping center, lottery or prize game operator, gas station or gas station complex, authorized pharmacy, microfinancing organization, currency exchange, lending entity, or general educational institution.
Installation of the Surveillance System
The Ordinance requires owners to install at least two video cameras outside the main entrance of the property. If the property has additional entrances, owners must install one camera at each spare entrance. They must position the cameras strategically to identify anyone entering or leaving the area. Additionally, owners must display a visible warning notice following Georgian law.
Representative Authority
A representative authority, the 112 Public Safety Command Center (the “Center”), checks and approves the Surveillance System’s compliance with regulations. Companies required to install the System must register on the Portal and submit an application to the Center.
After submission, the Center issues an Act of Installation certifying that the System meets the Ordinance’s requirements. The Center also has the authority to inspect and verify, on its initiative or based on a regulatory statement, whether the System complies with the law at any time.
The Information Gained from the System
Under the Ordinance, property owners must continuously record video using the System. They must securely store the recordings and other relevant records for at least 30 days and up to 6 months and provide them to the Center upon justified request. Owners must also ensure that saving, storing, and processing this information complies with personal data protection rules.
Consequences
Failing to comply with the Ordinance constitutes an administrative offense and results in a warning. If the issue remains unresolved within 30 days of receiving the notice, the company will face an additional administrative offense, punishable by a fine of 3,000 GEL.
To navigate the complexities of Government Ordinance No. 101 and ensure your business meets all legal requirements, consult with the experts at Andersen Georgia. Our team provides comprehensive legal guidance on video monitoring compliance, data protection, and regulatory adherence. For more detailed insights, read our article on the Legal Framework for Video Monitoring in Georgia.