From pastoral nomads to global citizens : the development of privacy and data protection in Mongolia. Lessons from the European Acquis

Abstract

The right to privacy is a fundamental human right that is protected in a majority of constitutions worldwide as well as a number of international human rights instruments in addition to national legislations. The right per se demonstrates the premise of human freedom and dignity which is an integral value in democratic society. The violation of the said right might range from the state’s intrusion upon private life, arbitrary or unlawful interference by private entities, to the disclosure of private information by an individual without the owner’s consent and so forth. The violation of these rights leads to severe consequences. Furthermore, the emergence of the information and communication technology and the rapid evolution of the Internet has changed the traditional concept of privacy. Mass processing of personal data on the Internet poses a serious threat to the right to privacy. The correlation between the right to privacy and data protection has long been debated among scholars, however it is incomplete to explain the right to privacy without also touching upon the concept of data protection. This paper examines the privacy and data protection legislations in Mongolia, a young democratic country landlocked between two big powers, in accordance with historic and cultural aspects. On the same note, it researches the European legislation practice, which claimed to be the global standard setter in the field.