The Law on Personal Data Protection of Mongolia provides limited exemptions for law enforcement activities, specifically related to video surveillance in public spaces for crime prevention and traffic safety purposes.

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."

Law on Personal Data Protection Art.3.4:

"The Law shall regulate the relations with respect to personal secrets other than those specifically regulated by the Law on Intelligence Activity."

Analysis of Provisions

The Law on Personal Data Protection of Mongolia does not contain a broad exemption for national security and law enforcement activities. However, it does provide two specific carve-outs related to these areas:

1. Video surveillance for crime prevention and traffic safety (Art. 3.5): This provision creates an exemption for the installation of video recorders in public spaces for the purposes of crime prevention and traffic safety. Such activities are governed by the "Law on Crime and Offense Prevention" rather than the Law on Personal Data Protection. This exemption is narrow in scope, applying only to:
   • Video surveillance
   • In public areas (streets, squares, etc.)
   • For specific purposes (crime prevention and traffic safety)
2. Intelligence activities (Art. 3.4): This provision indicates that personal secrets regulated by the Law on Intelligence Activity are exempt from the Law on Personal Data Protection. This creates a carve-out for certain intelligence-related activities, although the scope is not fully defined within the given text.

These exemptions are more limited compared to broader national security and law enforcement exemptions found in some other jurisdictions. Instead of a blanket exemption for all national security or law enforcement data processing, Mongolia's law focuses on specific types of activities (video surveillance and intelligence) for particular purposes.

The rationale behind these exemptions likely stems from the need to balance privacy protection with legitimate public safety and national security interests. By carving out specific areas, the law allows for necessary law enforcement and intelligence activities while still maintaining data protection obligations for most government and private sector activities.

Implications

The implications of these provisions for data controllers and processors are significant:

1. Most law enforcement and national security data processing activities are still subject to the Law on Personal Data Protection, except for the specific exemptions outlined in Articles 3.4 and 3.5.
2. Organizations involved in public video surveillance for crime prevention or traffic safety purposes may fall under the Law on Crime and Offense Prevention rather than the Law on Personal Data Protection.
3. Entities working with intelligence agencies on activities covered by the Law on Intelligence Activity should be aware that these activities may be exempt from the data protection law.
4. Private companies collaborating with law enforcement or intelligence agencies should carefully assess which law applies to their data processing activities, as the exemptions are limited in scope.
5. The narrow scope of these exemptions means that other forms of data processing for law enforcement or national security purposes would likely still be subject to the Law on Personal Data Protection.
6. Organizations should be prepared to comply with data protection requirements even when dealing with law enforcement or national security matters, unless their activities fall within the specific exemptions provided.

These limited exemptions reflect a balanced approach to data protection, maintaining privacy safeguards while allowing for necessary public safety and national security activities in specific circumstances.