Applicability of the Law of the Republic of Uzbekistan on Personal Data (LRU-547)

The Law of the Republic of Uzbekistan on Personal Data (LRU-547) governs the processing and protection of personal data within Uzbekistan. Its scope is defined through material and territorial applicability factors, with specific exemptions outlined in Article 3. Below is an analysis of these factors.

Material Applicability Factors

The material scope of LRU-547 includes all relations arising from the processing and protection of personal data, regardless of the means used, including information technology. However, Article 3(2) specifies several exemptions where the law does not apply.

1. Personal and Domestic Use Exemption

Text of Relevant Provision:

LRU-547 Art.3(2)(1):

"This Law does not apply to relations arising from: the processing of personal data by an individual for personal, domestic purposes and not related to his professional or commercial activity;"

Original (Uzbek):

"Ushbu Qonun: shaxsiy va oilaviy maqsadlarda shaxsiy ma'lumotlarni qayta ishlashga, agar bu uning kasbiy yoki tijorat faoliyatiga bog‘liq bo‘lmasa, tatbiq etilmaydi."

Analysis:

This exemption excludes personal data processing conducted by individuals for strictly private or household purposes. The key conditions are:

• The processing must be conducted by a natural person ("processing of personal data by an individual").
• It must be for personal or domestic purposes ("for personal, domestic purposes").
• It must not relate to professional or commercial activities ("not related to his professional or commercial activity").

Implications:

• Excluded activities include maintaining personal contact lists or sharing family photos on social media.
• Activities involving professional or commercial purposes, such as running a home-based business, fall under the law's scope.
• Ambiguous cases, such as income-generating blogs or social media influencers, may require further interpretation.

2. Exemption for Archival Processing

Text of Relevant Provision:

LRU-547 Art.3(2)(2):

"This Law does not apply to relations arising from: the formation, storage and use of documents of the National Archival Fund and other archival documents containing personal data;"

Original (Uzbek):

"Bu Qonun quyidagi hollarda yuzaga keladigan munosabatlarga nisbatan tatbiq etilmaydi: O‘zbekiston Respublikasi Milliy arxiv fondi hujjatlarini va shaxsiy ma'lumotlarni o‘z ichiga olgan boshqa arxiv hujjatlarini shakllantirish, saqlash va ulardan foydalanish."

Analysis:

This provision exempts activities related to archival documents containing personal data. These activities are governed by specific archival legislation rather than the general data protection law.

Implications:

• Organizations handling archival documents must comply with archival laws rather than LRU-547.
• This ensures that archival practices align with historical and cultural preservation needs.

3. State Secrets Exemption

Text of Relevant Provision:

LRU-547 Art.3(2)(3):

"This Law does not apply to relations arising from: processing of personal data related to information constituting state secrets;"

Original (Uzbek):

"Bu Qonun davlat sirlarini tashkil etadigan ma'lumotlarni qayta ishlashga tatbiq etilmaydi."

Analysis:

The exemption applies to personal data classified as state secrets, which are governed by separate legislation designed to address national security concerns.

Implications:

• Businesses must ensure compliance with state secret regulations when handling sensitive government-related data.
• Misclassification or mishandling could lead to severe legal consequences.

4. National Security and Law Enforcement Exemption

Text of Relevant Provision:

LRU-547 Art.3(2)(4):

"This Law does not apply to relations arising from: processing of personal data obtained in the course of operational-search, intelligence and counter-intelligence activities, combating crime, law enforcement, as well as in the framework of counteracting the legalization of proceeds of crime."

Original (Uzbek):

"Bu Qonun operativ-qidiruv faoliyati, razvedka va kontrrazvedka faoliyati jarayonida olingan shaxsiy ma'lumotlarni qayta ishlashga tatbiq etilmaydi."

Analysis:

This exemption excludes personal data processing related to national security and law enforcement activities.

Implications:

• The broad scope potentially covers a wide range of state agency operations.
• The lack of explicit safeguards raises concerns about oversight and accountability.
• Data subjects may have limited rights under this exemption.

Territorial Applicability Factors

The text provided does not explicitly define territorial applicability factors; however, it can be inferred that LRU-547 applies primarily within Uzbekistan’s jurisdiction unless specified otherwise in other provisions.

Conclusion

The Law on Personal Data in Uzbekistan (LRU-547) establishes a comprehensive framework for regulating personal data processing while carving out significant exemptions for specific contexts:

1. Personal and domestic use exemption ensures private activities remain outside regulatory scope.
2. Archival processing exemption aligns with specialized archival legislation.
3. State secrets exemption safeguards national security through distinct legal frameworks.
4. National security and law enforcement exemption allows state agencies flexibility in sensitive operations.

These exemptions highlight a balance between protecting individual privacy rights and addressing practical considerations like national security and cultural preservation.