Individual Privacy

Individual Privacy

The Criminal Law of Mongolia

Approved on December 5, 1986

Article 146. Violating immunity of citizens’ privacy of correspondence.

A criminal charge of up to 1 year imprisonment or a fine of togrog 10000 to 60000 shall be imposed on violators of individual privacy of correspondence.

Article 146 1. Disclosure of personal and family privacy of citizens

Persons given personal and family information of citizens in the course of his professional and official obligations and who disclosed this information causing serious damage, shall be charged with up to 3 years improsonment or a fine of togrog 20000 to 80000, with or without removal of the person from his official position or his right to conduct certain activities.

The Law on Criminal Investigation and Charge

Approved on December 24, 1963

Article 13. Protection of personal privacy, privacy on family life and correspondence immunity of residence of individuals

Personal privacy, privacy of family and correspondence and immunity of residences of individuals shall be protected by laws.

Article 19. Conducting court sittings openly

Court hearings of all levels shall be conducted openly except in cases needed to protect secrets of state and organisations and individual privacy to ensure human rights, reputation, esteem, state defence, national security and social order. If a court hearing was closed, the decision of the court shall be read out to the public.

(This provision was re-worded by the law issued on March 28, 1994)

Article 294. Confidentiality of the council of judges

The decision of the court hearing shall be made in the discussion room. There may be no people other than judges hearing case. Judges are prohibited from disclosing information discussed.

The Law on Resolution of Petitions and Complaints Issued by Citizens to Government Organisations and Officials

Approved on April 17, 1995

Article 7. General duties of government organisations and officials regarding petitions and complaints

5) to maintain confidentiality of state secrets, privacy of organisations and individuals mentioned in petitions and complaints.

The Law on Special State Protection

Approved on May 27, 1995

Article 17. Specifics of the legal status of employees of special state protection

1.Employees of State Special Protection shall be prohibited to:

2) to give interviews to media about the protectee without his consent, publishing his private information

The Law on the Cabinet of Mongolia

Approved on May 6, 1993

Article 25. Guarantees to the Prime Minister and members of the Cabinet to exercise their full rights

4. It shall be prohibited to disclose confidential correspondence related to exercising of full rights by the Prime Minister and members of the Cabinet.

The Law on the Legal Status of Members of the State Ikh Khural

February 6, 1997

Article 10. Guarantees to the full rights of members of the State Ikh Khural

6. Telephones and other communication devices of members of the State Ikh Khural shall be under state protection and it shall be prohibited to disclose private correspondence information related to exercising of their full rights and their activities.

The National Human Rights Commission Law

Chapter Five

Guarantees for the Power of commission members

Article 23 Legal Guarantees

23.3 It shall be prohibited to divulge the confidentiality of correspondence related to the exercise of powers by commission members.