The Automated Means Criterion is explicitly incorporated into Liechtenstein's data protection law through DCG Art.2(1). This provision establishes that for non-public bodies, the law applies to "the processing of personal data wholly or partly by automated means". This criterion extends the law's applicability to a wide range of technological and digital processing methods.

The provision also covers "processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system". This inclusion ensures that the law applies to both digital and non-digital processing methods, as long as they are part of a structured filing system.

It's important to note that the law makes an exception for "processing personal data by a natural person in the course of a purely personal or domestic activity". This exclusion recognizes the need to balance data protection with individuals' rights to process personal data for private purposes.

Implications

The inclusion of the Automated Means Criterion in Liechtenstein's data protection law has several implications for businesses and organizations:

1. Broad applicability: The law applies to a wide range of data processing activities, including those that use digital technologies, electronic systems, or any form of automated processing.
2. Non-automated processing: Even manual processing of personal data is covered if it forms part of a filing system, ensuring comprehensive protection.
3. Technological neutrality: The law is designed to be adaptable to future technological developments in data processing.
4. Exemption for personal use: Individuals processing personal data for purely personal or domestic activities are exempt, which helps to prevent overreach of the law into private spheres.
5. Compliance requirements: Non-public bodies operating in Liechtenstein must ensure compliance with the data protection law if they process personal data using any form of automated means or structured filing systems.
6. Scope of application: The law applies to both fully automated processing and partially automated processing, capturing a wide range of data handling scenarios.