Material Applicability

The Law of Mongolia on Protection of Personal Data establishes four key material applicability factors:

• National Security and Law Enforcement Exemption
• Sectoral Exceptions Regulated by Other Laws
• Government and Public Agency Exemption
• Exception for Publicly Available Information

General Scope

Article 3.1:

"This law shall regulate the relations with respect to the collection, processing, use and security of personal data ("data") by a person, legal entity, or non-legal entity."

Article 3.2:

"This law shall also equally apply to relations with respect to the data collection, processing, use and security with the assistance of hardware and software."

Exemptions and Exceptions

Personal and Family Use

Article 3.3.1:

"The law shall not apply to the following relations: Collection, processing, use and security of data regarding oneself or one's family members without violating the right to liberty and security of such person."

Property Protection

Article 3.3.2-3.3.3:

"3.3.2. Installation of audio, video and audio-video recording devices for the protection of movable and immovable property owned, possessed, and used as well as oneself or one's family members life and health.

3.3.3. Use of one's biometric data for the protection of movable and immovable property owned, possessed, and used, and storage of its data."

Sectoral Exceptions

Article 3.4:

"The Law shall regulate the relations with respect to personal secrets other than those specifically regulated by the Law on Intelligence Activity."

Article 3.5:

"This Law shall regulate relations other than those specified in the Law on Crime and Offense Prevention with respect to the installation of video recorders in publicly possessed streets, areas, squares, and public places in order to prevent from crime and offence or for ensuring the traffic safety."

Analysis

The law applies broadly to all personal data processing activities by natural and legal persons, with specific exemptions for:

1. Personal and family use
2. Property protection measures including:
   • Audio and video recording
   • Biometric data processing
3. Intelligence activities governed by specific legislation
4. Public video surveillance for crime prevention and traffic safety

The law takes a comprehensive approach to material scope while carving out specific exceptions rather than providing broad categorical exemptions. Notable is the absence of a general government exemption, with only specific activities like intelligence and law enforcement being excluded.