The Personal and Domestic Use Exemption is explicitly used in Liechtenstein's data protection law to limit its scope of applicability, excluding certain types of personal data processing from the law's purview.

Text of Relevant Provision

DCG Art. 2(1):

"1) This Act shall apply to the processing of personal data by public bodies. For non-public bodies, this Act shall apply to the processing of personal data wholly or partly by automated means and to the 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 with the exception of processing personal data by a natural person in the course of a purely personal or domestic activity."

Analysis of Provision

The Personal and Domestic Use Exemption is clearly stated in DCG Art. 2(1). This provision establishes that the Data Protection Act applies to:

1. Processing of personal data by public bodies
2. Processing of personal data by non-public bodies, either:
   • Wholly or partly by automated means, or
   • Other than by automated means, if the data forms or is intended to form part of a filing system

However, the law explicitly excludes "processing personal data by a natural person in the course of a purely personal or domestic activity" from its scope.

This exemption aligns with the principle that data protection laws are primarily intended to regulate organizations and businesses that process personal data on a larger scale, rather than individuals managing their personal information for private purposes.

Implications

The Personal and Domestic Use Exemption has several important implications:

1. Scope limitation: It narrows the law's applicability, focusing on organizational and commercial data processing rather than personal activities.
2. Individual privacy: It preserves individuals' freedom to manage their personal information without being subject to data protection obligations.
3. Practical application: Examples of exempt activities might include:
   • Maintaining a personal address book
   • Creating family photo albums
   • Using social media for personal purposes
   • Keeping personal diaries or journals
4. Boundary considerations: Companies and data protection professionals must be aware of where personal use ends and professional or commercial use begins. For instance:
   • A freelancer using a personal contact list for business purposes might not be exempt
   • An individual running a blog that processes visitors' data might fall outside the exemption
5. Evolving interpretations: With the increasing use of personal technology and social media, the boundaries of "purely personal or domestic activity" may require ongoing interpretation and clarification.

It's important to note that while these activities are exempt from the data protection law, other legal obligations (such as privacy laws or civil liability) may still apply in certain situations.