The Law on Personal Data Protection of Mongolia does not provide a broad exemption for government and public agencies. Instead, it offers limited exceptions for specific law enforcement and public safety activities.

Text of Relevant Provisions

Law on Personal Data Protection Art.3.5:

"This Law shall regulate relations other than those specified in the Law on Crime and Offense Prevention with respect to the installation of video recorders in publicly possessed streets, areas, squares, and public places in order to prevent from crime and offence or for ensuring the traffic safety."

Analysis of Provisions

The Law on Personal Data Protection of Mongolia does not contain a general exemption for government and public agencies. However, Article 3.5 introduces a specific exception related to video surveillance in public spaces for crime prevention and traffic safety purposes.This provision indicates that the installation of video recorders in public areas for crime prevention and traffic safety is governed by the "Law on Crime and Offense Prevention" rather than the Law on Personal Data Protection. This creates a limited carve-out for certain law enforcement and public safety activities.The scope of this exception is narrow and specific:

1. It applies only to "installation of video recorders"
2. It is limited to "publicly possessed streets, areas, squares, and public places"
3. It must be for the purpose of either "prevent[ing] from crime and offence" or "ensuring the traffic safety"

This approach differs from broader government exemptions found in some other jurisdictions. Instead of a blanket exemption for all government data processing, Mongolia's law focuses on a specific type of data collection (video surveillance) for particular purposes (crime prevention and traffic safety) in defined public areas.

Implications

The implications of this provision for data controllers and processors are significant:

1. Government agencies and public bodies are generally subject to the Law on Personal Data Protection, except for the specific exception outlined in Article 3.5.
2. Private entities engaged in video surveillance in public spaces for crime prevention or traffic safety purposes may also fall under this exception, potentially being regulated by the Law on Crime and Offense Prevention instead.
3. Data controllers and processors should be aware that most government data processing activities are still subject to the Law on Personal Data Protection, unlike in some jurisdictions with broader government exemptions.
4. Organizations working with law enforcement agencies or traffic safety authorities on video surveillance projects in public spaces should carefully consider which law applies to their activities.
5. The narrow scope of this exception means that other forms of data processing by government agencies, even for law enforcement or public safety purposes, would likely still be subject to the Law on Personal Data Protection.

This limited exception reflects a balance between privacy protection and legitimate public safety interests, while still maintaining data protection obligations for most government activities.