Standard for Assessing Lawyers’ Professional Obligations by the PDPS in Requests for Information Containing Personal Data
DOI:
https://doi.org/10.63410/20261/006Keywords:
Lawyer, Personal Data Protection, PDPS, Legal Ethics, Professional SecrecyAbstract
Lawyers bear the professional obligation to ensure the legality of data processing in the course of their practice. The rules established by the Law of Georgia on Personal Data Protection and, consequently, the supervisory powers of the Personal Data Protection Service (PDPS), extend to the processing of data, including legal practice. According to the PDPS’s practice, when a supervisory authority examines the lawfulness of data processing, the applicable legislation obliges the lawyer to provide the PDPS with the requested information. Noncompliance, including failing to submit information or documentation to the PDPS, is considered a breach of law and the duty to inform the PDPS. Such breaches are classified as administrative offenses and lead to administrative liability for the lawyer.
Since lawyers represent a self-regulated profession bearing professional responsibility, this article examines the conflict between the lawyer’s obligation to uphold professional standards and to fulfill requests from the PDPS. The conflict is examined against the background of the practice of personal data protection and the Ethics Commission of the Georgian Bar Association.
Particular attention is given to assessing the arguments on which the Personal Data Protection Service bases its view that being fully informed does not violate the professional obligations of lawyers. The study focuses on three aspects in particular: the extent of the PDPS’s assessment of client protection by lawful means; the relationship between the PDPS’s request for information and the protection of lawyers’ professional secrecy; and the limits of the supervisory authority's general powers.
This analysis will evaluate the standard used by the PDPS for assessing lawyers’ professional obligations regarding personal data requests. It develops recommendations to assist the PDPS in its study of lawyers’ conduct. The focus is on ensuring compliance with lawyers’ professional standards.
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