Turkmenistan: State Secrets Exemption under the Law on Information

The State Secrets Exemption in Turkmenistan’s Law on Information explicitly excludes the application of the data protection law to the processing of personal data classified as state secrets. This exemption is crucial for the protection of national security by ensuring that sensitive information is governed under a specialized legal framework rather than the general data protection regime.

Text of Relevant Provisions

Law on Information Art.3(3)(3):

"The act of this Law does not apply to relations arising in the following cases:3) In accordance with the Law of Turkmenistan "On State Secrets" personal information related to state secrets is collected, processed and protected;"

Original (Language):

"Şu Kanunyň hereketi şu halatlarda döreýän gatnaşyklara degişli edilmeýär:3) «Döwlet syrlary hakynda» Türkmenistanyň Kanunyna laýyklykda döwlet syrlaryna degişli edilen şahsy maglumatlar ýygnalanda, işlenip taýýarlananda we goralanda."

Analysis of Provisions

• State Secrets Exemption: Article 3(3)(3) of the Law on Information establishes that the general data protection law does not apply to the processing of personal data when such data is classified as state secrets under the Law of Turkmenistan "On State Secrets." This provision clearly delineates the exclusion of state secrets from the scope of general data protection regulations, directing such activities to a separate legal regime specifically designed to handle information critical to national security.
• Legal Framework and Rationale: The rationale behind this exemption is rooted in the need to protect national security. Personal data that falls under the category of state secrets is likely to involve information that, if improperly handled or disclosed, could pose a threat to national interests. By excluding such data from the general data protection law, Turkmenistan ensures that these sensitive matters are handled according to stringent and specific legal requirements designed to safeguard state secrets.
• Scope and Interpretation: The exemption applies strictly to personal data that is explicitly classified as state secrets according to the relevant Turkmenistan law on state secrets. This means that any collection, processing, or protection of such data is governed by specific legislation aimed at ensuring national security, thereby preventing the general data protection obligations from applying to these sensitive activities.

Implications

• For Businesses: Entities operating in Turkmenistan that handle data potentially classified as state secrets must be aware of the stringent requirements under the Law on State Secrets. Compliance with this specialized legal framework is mandatory, and businesses must ensure that they do not mistakenly apply general data protection practices to state-sensitive information.
• Compliance Challenges: Organizations need to have robust systems and procedures in place to correctly identify data that falls under the state secrets category. This may involve close collaboration with national security authorities to ensure proper classification and handling of such data in line with national security requirements.