Privacy of organizations
The
Law on Privacy of Organisations
Approved on May 16,
1995
Chapter One. General
Provisions
Article 1. The
purpose of the law
The purpose of this
law is to define the concept of privacy of organisations
and to regulate matters pertaining to protection of
this privacy.
Article 2. Legislation
on privacy of organisations
Legislation on privacy
of organisations shall consist of the Civil Code, this
law and other legal acts.
Article 3. Concept
of organisations and their privacy
1. In this law, organisations
and their privacy means the following:
2) "Privacy of organisations"
means information, documents or physical items that
are defined as confidential in order to protect human
rights, reputation, esteem or legitimate interests of
an organisation.
2. Confidential information,
technological solutions and equipment that are related
to unique of activities of an organisation or protected
by the organisation in order to protect its markets
or advantages in the course of fair competitions, and
that may damage legitimate interests of the organisation,
may comprise privacy of organisations.
Chapter Two. Establishing
privacy and protecting it
Article 4. Establishing
privacy of organisations
1. Privacy described
in provision 2, paragraph 1 of Article 3 of this law
shall be established by the State Ikh Khural.
2. Privacy described
in paragraph 2 of Article 3 of this law shall be established
by the organisation itself.
3. Privacy of organisations
may not be established in a way that prevents relevant
authorities or officials from exercising their powers
and functions.
Article 5. Protecting
privacy of organisations
1. Privacy of an
organisation shall be protected by the organisation
itself. Organisations shall develop and follow their
internal procedures to protect their privacy in compliance
with laws.
2. Persons in charge
of confidential matters or those that had access to
them in the course of their duties or professional activities
shall have the duty to maintain strict confidentiality.
3. Organisations
shall protect privacy of individuals, to which they
had access in the course of their activities, in the
same way as they protect their own privacy.
Chapter Three.
Miscellaneous
Article 6. Information
prohibited from being kept confidential
Organisations may
not keep confidential the following information:
1) Information that
discloses the current or potential impact of activities,
production, services and equipment used on human health
and environment.
2) Information that
discloses effects of all poisonous or radioactive substances
that are administered by the organisation and may present
danger to human health and environment if their storage
procedures are breached.
3) Information on
crimes and other information provided in the laws.
Article 7. Accessing
privacy of organisations
1. Organisations
that are specifically authorised so by law and their
employees shall have access to confidential information
of organisations in accordance with their full rights
for inspection and their official duties.
2. Persons that accessed
or are otherwise aware of confidential information of
organisations, shall use this information only for reasons
provided for in the law and shall be prohibited from
disclosing it to others.
3. Authorities and
officials may disclose confidential information of organisations
that was kept confidential illegally, in the course
of inspections and in conformance with their full rights.
They also may disclose some confidential information
related to delinquencies and incompliance to public
in case this does not damage legitimate interests of
others.
Article 8. Court
appeals
If an organisation
considers that persons specified in paragraph 2 of Article
5 of this law unlawfully disclosed their confidential
information, the organisation may appeal to court.
Article 9. Amenability
If persons in charge
of, or having access to, confidential information of
organisations disclose this information, they shall
be penalised in accordance with their employment contract
or internal regulations of the organisation; if they
disclose information that is defined confidential by
law, and this case is not criminally punished, they
shall be imposed an administrative penalty by the judge
of a fine of togrog 20000 to 50000.
|
