The Essence of Interference With Private Life and Personal Data
Article 157 of the Criminal Code of Georgia treats interference with information reflecting private life and with personal data as a distinct crime, and each of its parts creates a separate classification. Under this norm, the unlawful obtaining, storage, use, dissemination or otherwise making available of such information or data constitutes a criminal act when it has caused significant harm — a mandatory element without which the act does not fall under this article, although it may be assessed under other provisions. In practice, the crime frequently emerges in a digital environment: access to another person's accounts, storage of private photographs or correspondence, and dissemination in social networks. The law also distinguishes obtaining-storage from use-dissemination: the second part carries a separate classification for use or dissemination through a work, the internet, including social networks, mass broadcasting or another public appearance, which makes the harm far-reaching. A charge requires precise establishment of what information was obtained, how lawful the access was and what harm the affected person suffered.
Penalties Under the Separate Parts of the Article
Under the first part of the article, the act — unlawful obtaining, storage, use, dissemination or otherwise making available of information with significant harm — is punished by a fine or corrective labour for a term of up to two years or imprisonment for a term of up to three years. The second part addresses the same conduct when committed through a work, the internet, a social network, mass broadcasting or another public appearance: here too a fine or corrective labour of up to two years applies, but the upper limit of imprisonment rises to four years.
The third part adds two aggravating classifications: an act committed for gain and an act committed more than once. In these cases the person is punished by a fine or imprisonment for a term of up to five years. Gain presupposes the purpose of a property benefit, while repetition means committing the same act again — and the prosecution must substantiate both with evidence.
The Special Subject and Official Position
The fourth part establishes a special composition: an act under the first, second or third part committed by a person obliged by virtue of official position, professional activity or another circumstance to protect this information, or using an official position, is punished by imprisonment for four to seven years, with deprivation of the right to hold office or to carry out activity for up to three years or without it. This norm concerns persons who bear special trust because of their lawful access to data, such as employees responsible for protecting information systems. From a defence perspective, two questions arise here: whether it is proven that the accused genuinely bore a protective obligation or actually used an official position — departure from this penalty range being possible only on grounds established by other provisions of criminal law. Each question is decided on the specific facts, and the advocate's task is to establish the real substance of the employment relationship.
The Explanatory Note and Corporate Liability
The article carries a note under which a person who, for the crime under the first part — obtaining and storage — has transferred the obtained or stored information to investigative bodies and has thereby provided information about a committed or expected other criminal act, is not subject to criminal liability. This exempting rule applies only to obtaining and storage under the first part, and its correct interpretation is often decisive for the defence strategy.
A separate rule concerns legal entities: for an act envisaged by this article, a legal entity is punished by a fine, deprivation of the right to pursue activity, or liquidation together with a fine. For private companies processing data, an employee's unlawful conduct may entail liability for the company itself, which is why internal control and data protection policies are a genuinely preventive measure.
Defence Strategy and Practical Realities
A successful defence in cases of this category usually combines several directions: challenging whether access to the information was genuinely unlawful, since the use of lawfully received data is assessed differently; putting the significance of the harm in doubt, for the prosecution must prove not the mere existence of harm but its significance; and analysing the qualifying features, since the failure to establish gain, repetition or official position pulls the charge down to a lighter part. Finally, there is the exempting note for those who transferred the information to investigative bodies. Procedural deadlines and the framing of the accusation are governed by other norms of criminal procedure, so the assessment of any concrete case is possible only after studying the documents; for an affected person, this article is the right instrument when private space has genuinely been violated with real consequences.
Frequently Asked Questions
Which acts are punished under article 157?
The unlawful obtaining, storage, use, dissemination or otherwise making available of information reflecting private life or of personal data, when it has caused significant harm. Dissemination through a work, the internet, a social network, mass broadcasting or another public appearance forms a separate part.
What penalties does this crime carry?
For the basic composition — a fine, corrective labour of up to two years or imprisonment of up to three years; for public dissemination — imprisonment of up to four years; for gain or repetition — up to five years; for a person bound to protect the data or using an official position — four to seven years, with deprivation of the right to hold office or conduct activity for up to three years or without it.
Does the law exempt a person who transfers the information to investigative bodies?
Yes, but only for obtaining and storage under the first part: liability is not imposed on a person who transferred the information to investigative bodies and thereby provided information about a committed or expected other criminal act.
Does liability extend to companies?
A legal entity is punished for this act by a fine, deprivation of the right to pursue activity, or liquidation together with a fine, which underlines the necessity of internal data protection rules for organisations.
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