LAW OF MONGOLIA

May 16,1995                                                                                             Ulaanbaatar city

(2022.08.12-ны өдрийн орчуулга)  Unofficial translation

ON ORGANIZATION SECRET

CHAPTER ONE

General Provisions

Article 1.Purpose of this Law

The purpose of this Law is to regulate relations with respect to the establishment and protection of organization secret.

Article 2.Legislation on the organization secret

The legislation on the organization secret shall consist of the Constitution of Mongolia, this law, and other legislative acts issued in conformity with these laws.

Article 3.Definition of organization and organization secret

1.The terms of "organization" and "organization secret" used in this law shall be understood as follows:

1/"organization" refers a legal entity recognized by the legislation, that has a specific function and a power;

2/"organization secret" refers to information, documents, and objects that are classified as confidential by the relevant law in order to protect legitimate interest of such organization and human rights, dignity, and reputation.

2.The confidential information, technological solution, projects, research and analysis documents, and necessary techniques and equipment, which are related to the specifications of the organization's undertaking, are classified as confidential secrets by the organization itself to secure its market and advantages in fair competitiveness, or that have harmful impacts to its legitimate interest if disclosed, may be classified as confidential, unless otherwise specified by law.

/This paragraph was amended by the law as of June 16, 2011/

3.Relations related with the official secret of State organization shall be regulated by relevant laws.

/This paragraph was added by the law as of December 1, 2016/

CHAPTER TWO

DETERMINING AND SECURING AN ORGANIZATION SECRET

Article 4.Determining an organization secret

1.The secret referred to in the Sub-paragraph 2, paragraph 1, Article 3 of this Law shall be certified by determining according to the law the State Great Khural.

2.The secret referred to in the Paragraph 2, Article 3 of this Law shall be determined by the organization itself.

3.Organization secret may not be interfered in exercising of their powers and functions by the competent organizations and officials that have granted under the law.

Article 5.Securing an organization secret

1.Organization secret shall be under the protection by such organization. The organization shall establish its own secret protection procedure in accordance with relevant legislation, and obey it.

2.A person who is accountable for the organization secret or who have acquainted with or known it in the course of his/her official duties or conducting the professional activities shall be obliged to keep such secret strictly.

3.The organization shall protect the sensitive data of an individual which have known in the course of its activities in the same way as the organization secret.

/This paragraph was amended by the law as of December 17, 2021/

CHAPTER THREE

MISCELLANEOUS

Article 6.Framework of Information Prohibited to Keep as Confidential

An organization shall not keep as confidential the following information:

1/information that demonstrates to represent present and/or future impacts of activities, production, services which being carried out by the organization and of the techniques and technologies which being used by the organization to the health of the population and environment;

2/information that defines the dangers of all types of toxic and radioactive substances that are in the possession of the organization and may endanger to the health of the population and environment in case of the violation of storage and security standards;

3/information about crime and other information stated in the law to be disclosed to public.

Article 7.Acquainting with an organization secret

1.Organizations with special functions assigned by law and their officials shall be acquainted with the organization secret according to their inspecting powers and functions.

2.A person who is acquainted with or known the organization secret in the course of his/her official duties shall use them only in accordance with the grounds and procedures specified by laws and shall be prohibited to disclose to others.

3.Authorized organizations and officials shall have a right to disclose the organization secret that have been kept confidential in violation of laws during the inspection carried out in accordance with their powers, and some specific information belongs to the organization secret and are relevant to the violations or deficiencies revealed upon such inspection may be disclosed to public if it does not harm to legitimate interest of others.

Article 8.Filing a Complaint with the Court

The organization shall have right to file a complaint to the court if it is considered that the secret determined by the law have been disclosed to others.

Article 9.Liabilities on violation of the Law

1.If an action of official who have breached this law does not have a nature of crime, a liability shall be imposed in accordance with the Law on Civil Service.

2.Citizens or legal entities who have breached this law shall be charged with liability in accordance with the Law on Violations.

/This article was modified by the law as of December 4, 2015/

Article 10.Effective Date of this Law

This law shall be effective from July 1, 1995.

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA N.BAGABANDI