The applicability of Azerbaijan's data protection law is influenced by the exemption for data processing related to national security and law enforcement, which is used to limit the law's scope in certain situations.

Text of Relevant Provisions

Personal Data Law Art.3(2):

"3.2. In order to ensure the national security of the Republic of Azerbaijan, as well as legality, the rules for the collection of personal data in connection with the implementation of intelligence and counterintelligence, operational investigative activities, the protection of personal data related to state secrets and collected in the national archival fund are established by the relevant legislation of the Azerbaijan Republic."

Analysis of Provisions

The Personal Data Law Article 3 provides an exemption for data processing related to national security and law enforcement. According to Article 3(2), the collection and processing of personal data related to national security, intelligence and counterintelligence, operational investigative activities, and state secrets are governed by separate legislation. This provision limits the applicability of the data protection law, as certain data processing activities are not subject to its requirements.

The inclusion of this exemption is likely intended to ensure that national security and law enforcement activities are not hindered by data protection requirements. By exempting these activities from the law's scope, the government can maintain flexibility in its efforts to protect national security and enforce laws.

Implications

The exemption for data processing related to national security and law enforcement has significant implications for companies operating in Azerbaijan. For example:

• Companies involved in national security and defense may not be subject to the data protection law for data processing related to these activities.
• Investigations and prosecutions by law enforcement agencies may not be subject to the data protection law, allowing them to collect and process personal data without adhering to the law's requirements.
• Companies providing services to national security and law enforcement agencies may be exempt from the law for specific data processing activities.

However, the exemption does not apply to all data processing activities. Companies that process personal data for commercial purposes or for non-law enforcement activities will still be subject to the data protection law.