Applicability of the Turkmenistan Law on Information about Private Life and its Protection

Turkmenistan's data protection framework is governed by specific legislation addressing the protection of personal information. The primary legal instrument in this domain is the Law of Turkmenistan "On Information about Private Life and its Protection" (Türkmenistanyň Kanuny şahsy durmuş hakyndaky maglumatlar we olaryň goragy hakynda), which serves as the foundational act regulating the processing and protection of personal data within the country.

The Law of Turkmenistan "On Information about Private Life and its Protection" was adopted on March 20, 2017 and became effective on July 1, 2017. The most recent amendments to the act were adopted on December 18, 2021.

Material Applicability

The Law on Information of Turkmenistan defines its material scope through several key exemptions that limit its applicability. The following factors determine when the law does not apply:

Personal and Domestic Use Exemption

The Law on Information Art.3(3)(1):

"The act of this Law does not apply to relations arising in the following cases:

1. when the subject collects, processes and protects personal data for personal or family needs, if it does not violate the rights of other legal or natural persons and the requirements of the laws of Turkmenistan"

Original (Turkmen):

"Şu Kanunyň hereketi şu halatlarda döreýän gatnaşyklara degişli edilmeýär:

1. subýekt şahsy maglumatlaryny şahsy ýa-da maşgala hajatlary üçin ýygnanda, işläp taýýarlanda we goranda, eger şunda beýleki ýuridik ýa-da fiziki şahslaryň hukuklary we Türkmenistanyň kanunlarynyň talaplary bozulmaýan bolsa"

This exemption applies when data processing is conducted for personal or family purposes, provided it does not infringe on others' rights or violate Turkmenistan law.

Archival Processing Exemption

The Law on Information Art.3(3)(2):

"The act of this Law does not apply to relations arising in the following cases:

2. when archival documents containing personal data are created, stored, registered and used in accordance with the legislation on archives and archival work of Turkmenistan"

This exemption covers archival activities governed by specific archival legislation rather than general data protection law.

State Secrets Exemption

The Law on Information Art.3(3)(3):

"The act of this Law does not apply to relations arising in the following cases:

3. In accordance with the Law of Turkmenistan "On State Secrets" personal information related to state secrets is collected, processed and protected"

Personal data classified as state secrets falls under specialized legislation rather than the general data protection framework.

National Security and Law Enforcement Exemption

The Law on Information Art.3(3)(4):

"The act of this Law does not apply to relations arising in the following cases:

4. personal data is collected, processed and protected in the course of intelligence, counter-intelligence and reconnaissance activities, as well as security measures to ensure the safety of protected persons and facilities, as prescribed by the laws of Turkmenistan"

This exemption covers data processing related to national security, intelligence activities, and protection of designated persons and facilities.

Territorial Applicability

The law does not contain specific provisions regarding territorial applicability.