Azerbaijan has widespread practice of illegal interference in personal life - study

Baku / 08.16.19 / Turan: A research group of the Institute for Democratic Initiatives conducted an analysis of legislation and practice in the field of privacy and personal data in Azerbaijan. The analysis was conducted in terms of compliance with international legal standards.

The sources used are social networks (Facebook, Google and YouTube) and online media. The objects of research were government agencies and commercial structures with obligations to protect personal data.

As emphasized in the study, one of the main problems in the field of human rights in Azerbaijan is a violation of the inviolability of personal life. This is expressed in the illegal collection of data on a person"s private life, degradation of his dignity and business reputation, violation of freedom of expression and sexual orientation. Due to the large number of violations, accurate statistics are difficult to maintain.

The study pointed to the practice of wiretapping by the State Security Service and the Ministry of Internal Affairs of telephone conversations and Internet correspondence of public activists. Gaps in the legislation allow state bodies and legal entities to evade responsibility.

On the other hand, changes in legislation allow, without a court decision, to place special equipment with mobile operators and track personal data of citizens, collect information about his place of residence and movement.

One of the striking examples of the transfer by mobile operators of data on the location of citizens occurred after an opposition rally on January 19, 2019 in Baku. In the following days, the protesters were identified and called to the police by mobile phone numbers, which were tracked at the rally.

The study also indicates the publication by an employee of AZAL CJSC on social networks of the identity card of a person who is a transgender for making fun of him. This caused outrage on social networks and gender activists demanded that the employee be punished. The airline acknowledged a violation of the law and fired three employees.

The study concluded with recommendations. 1) Local legislation in the field of protection of the rights and interests of citizens should be improved in terms of compliance with international conventions;

2) The recommendations of international organizations on the situation of human rights in Azerbaijan should be taken into account;

3) To increase transparency and accountability to society, the dependence of the media should be eliminated, and pressure on free media should be eliminated;

4) Discrimination of citizens for their political orientation and party affiliation should be eliminated. Violating officials should be punished.

Legislation should also be applied in connection with violation by the security forces of the confidentiality of the investigation and not ignoring citizens' appeals.

Courts should actively apply the provisions of the European Convention on the Rights and Freedoms of Citizens, the case-law of the European Court of Human Rights and the plenum of the Supreme Court.

* The NGO Institute of Democratic Initiatives (IDI) was established on November 5, 2013 by a group of lawyers and public activists with the aim of promoting the formation of an open society in Azerbaijan through democratic initiatives. IDF is headed by a former member of the country's Central Election Commission, Akif Gurbanov. He was the only CEC member who did not sign the final protocol on the October 13, 2013 presidential election in connection with numerous violations. -06D-