The personal and domestic use exemption is utilized in Uzbekistan's data protection law to limit its scope of applicability. This exemption excludes personal data processing by individuals for non-professional, non-commercial purposes from the law's coverage.

Text of Relevant Provision

LRU-547 Article 3(2)(1) states:

"This Law does not apply to relations arising from: the processing of personal data by an individual for personal, domestic purposes and not related to his professional or commercial activity;"

Analysis of Provision

The provision explicitly excludes personal data processing conducted by individuals for personal or domestic purposes from the law's scope. This exemption is contingent on two key conditions:

1. "processing of personal data by an individual": The exemption applies only to natural persons, not to organizations or legal entities.
2. "for personal, domestic purposes": The processing must be for private or household-related activities.
3. "not related to his professional or commercial activity": The processing must not be connected to any professional or business pursuits.

This exemption aligns with the common rationale in data protection laws to balance privacy rights with practical considerations. Lawmakers typically include such exemptions to avoid overregulation of everyday personal activities while focusing on more significant data processing operations that could pose greater risks to individuals' privacy.

Implications

The personal and domestic use exemption has several implications for the application of Uzbekistan's data protection law:

1. Excluded activities: The law does not apply to individuals' personal data processing for activities such as:
   • Maintaining personal contact lists
   • Sharing family photos on social media
   • Keeping personal diaries or journals
2. Included activities: The law would likely apply to:
   • An individual running a home-based business and processing customer data
   • A freelancer maintaining a client database for professional purposes
3. Gray areas: Some activities may require careful consideration:
   • Personal blogs that generate income through advertisements
   • Social media influencers who blur the line between personal and commercial activities

Companies and organizations processing personal data cannot rely on this exemption, as it specifically applies to individuals acting in a personal capacity. Businesses must comply with the law's requirements even when processing personal data for their employees' or customers' domestic purposes.