Disclosure of personal secrets (Article 157 of the Criminal Code of Georgia) involves the illegal obtaining, storage, use, dissemination, or making available of personal or family secrets, information depicting private life, or personal data. This crime is particularly severe when it involves intimate material (photos/videos), the dissemination of which can cause irreparable harm to a person's reputation and mental state. Accused individuals are often former partners ("Revenge Porn"), hackers, or persons with professional access to confidential information. Legislation strictly punishes this act, especially if it occurs through mass media (internet).
What does the Disclosure of Personal Secrets Defense service cover?
Lawyer assistance is essential for both the accused (to protect rights) and the victim (to stop harm). Services include:
- Qualification of the act: Determining whether the disseminated information was indeed a "personal secret." Sometimes information was public, and its spread is not a crime.
- Digital footprint expertise: Analyzing IP addresses and logs to determine if the accused actually disseminated the material (or if their account was hacked).
- Motive research: Was there an intent to cause harm, or did the dissemination happen due to negligence.
- Plea agreement: Mitigating the sentence if the accused cooperates and deletes the illegal material.
Common Real-World Scenarios
Charges are often related to the following scenarios:
- Revenge Porn: Disseminating intimate photos on social media or sending them to friends after a breakup.
- Data hacking: Hacking someone's social network or email password and reading/publicizing correspondence.
- Professional data leak: A bank or clinic employee transferring client data to a third party.
- Secret filming: Installing cameras in changing rooms or restrooms.
Georgian Legal Framework
The crime is regulated by Articles 157 and 157-prima of the Criminal Code of Georgia. Article 157-prima specifically concerns the infringement of information depicting private life (including intimate details) and provides for stricter punishment (imprisonment from 4 to 7 years). It is important to note that not only dissemination but also illegal obtaining and storage are crimes. The Law on "Personal Data Protection" also sets standards for information processing.
Process and Stages
The defense strategy includes:
- Search and seizure: Lawyer's presence during the seizure of computer equipment.
- Expertise: Forensic examination of mobile phones and computers to determine file origin.
- Court: The defense tries to prove that the accused did not intend to disseminate or the material was not a "personal secret."
Why choose a specialist on Legal.ge?
Privacy infringement cases require discretion and technological knowledge. Legal.ge allows you to find lawyers specializing in information crimes. They will protect your reputation and freedom. Find a defender on Legal.ge.
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