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LAW OF MONGOLIA

April 21, 1995 Ulaanbaatar city

 

 

INDIVIDUAL SECRECY

 

CHAPTER ONE

General provisions

Article 1.Purpose of the law

The purpose of this law is to regulate the relationships concerning the definition and protection of individual secrecy.

Article 2.The concept of individual secrecy

"Individual secrecy" refers to information, documents, and objects that are kept secret by the citizens of Mongolia and foreign nations and non-citizens in accordance with Mongolians laws and that would perceptibly bring harms to the concerning individual’s lawful interests, identity, and prominence in the case of disclosure.

Article 3.Legislative acts concerning individual secrecy

The legislation on individual secrecy shall consist of the Constitution of Mongolia, this law, and other legislative acts.

CHAPTER TWO

Classifications of individual secrecy and protection of individual secrets

Article 4.Classification of individual secrecy

1.Individual secrecy shall be classified as follows:

1/secrecy of communications;

2/secrecy of health;

3/secrecy of property;

4/secrecy of family;

5/other secrets defined by the law.

2.The terms secrecy of communications, health, property, and family shall refer to the following definitions:

1/secrecy of communications shall refer to information, documents, and objects that are exchanged with other individuals and organizations by various types of postage such as letters, telegrams, parcels, and requests;

2/secrecy of health shall refer to the information on defects of the individual’s body and organs and information on illness of individuals except for certain infectious diseases that would bring dangers to the public;

3/secrecy of property shall refer to the information, documents, data, contracts, and objects that are only accessible to the owner or individuals assured by the owner of the property, intellectual property, or rights and that are accessed by authoritative organizations and officials through their duties and responsibilities;

4/secrecy of family shall refer to information that would affect the concerning individual and their family’s lawful interests, identity, and prominence in the case of disclosure.

3.Individuals shall be able to keep their own archives, savings, notes, secured objects, and relevant video and audio recordings.

4.HIV and AIDS shall not considered as the “decease other than the publicly dangerous, special some infectious deceases” set out in the 2.2 of this article.

/This article was amended by the law of 13 December 2012/

/This part was annulled by Resolution No. 02 of December 12, 2014/

Article 5.Protecting individual’s secrecy

1.Individuals shall be obliged to protect their own secrecy.

2.If needed, the government and organizations shall be able to bring individual’s secrets into their protection in accordance with the provisions and regulations stated in the legislations.

3.Authoritative officials of government organizations to whom lawful rights are granted shall be able to have access to individual’s secrets only in accordance with the provisions and regulations stated in the legislations.

4.Parties that are exposed to individual’s secrets in accordance with the law or through assurance shall be prohibited to disclose them to other parties.

CHAPTER THREE

Miscellaneous

Article 6.Disclosing individual’s secrets

The individual’s secrecy of health and other types of secrecy shall be disclosed open within the framework of legislation by the decision of relevant government organization /official/ in inevitable instances in order not to bring harms to the defense and national security of Mongolia and health and lawful interests of citizens.

Article 7.Appealing to the court with complaint

In the case when a body stated in the Section 4, Article 5 of this law is alleged to disclose the individual’s secrets, the concerning individual shall have rights to appeal to the court.

Article 8.The liability for violators of the law

8.1.Unless an official who has breached this law is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.

8.2.Liabilities specified in Criminal Code or Offence Code shall be imposed to an individual or legal person who has breached this law.

/This article was amended by the law of 4 December 2015/

Article 9.Validation of the law

This law shall be in effect starting from July 1, 1995.

 

 

SPEAKER OF THE MONGOLIAN STATE GREAT KHURAL N.BAGABANDI