Mongolia's Criminal Code (Article 21.13) penalizes acquiring, using, or selling "special equipment for intelligence activity" with fines or imprisonment (added January 10, 2020). This equipment, as defined by the Law on Intelligence Activity (Section 6.3, added July 9, 2015), is for "secretly finding, collecting, transmitting, receiving, and detecting information, data and documents." This law raises concerns for citizens' privacy rights.
In 2021, P. Undrah-Erdene and L. Galbaatar challenged it in the Constitutional Court. They argued it violated Article XVI, Section 13 (protecting privacy of correspondence, homes, etc.) and Article XIX, Section 1 (state's responsibility to ensure human rights). On May 17, 2023, the Constitutional Court initially agreed, finding the law violated these rights. However, Parliament rejected this decision.
In its final ruling (November 15, 2023), the Court acknowledged the importance of clear legislation for protecting privacy rights. However, it ultimately overturned its initial decision and suggested improvements to the Law on Intelligence Activity. This case highlights the ongoing tension between national security and individual privacy in Mongolia.