Unofficial translation
RESOLUTION OF THE CONSTITUTIONAL COURT OF MONGOLIA
Number 04
Ulaanbaatar city
Constitutional Court session
hall 2:00 p.m
OF SECTION 6.3 OF ARTICLE 6 OF THE LAW ON INTELLIGENCE ACTIVITY
WHETHER VIOLATE THE RELEVANT PROVISIONS OF THE CONSTITUTION OF MONGOLIA
The session of the Constitutional Court of Mongolia was chaired by the Chairman of the Constitutional Court N.
Chinbat, members of the Constitutional Court D. Odbayar, Sh. Solongo, B. Buyandelger, G. Tuulkhuu, G. Bayasgalan,
J. Erdenebulgan /speaker/, D. Gangabaatar and others, including B. Bayarjargal as the secretary of the hearing, were
held behind closed doors in the hearing hall of the Constitutional Court.
Citizen P. Undrah-Erdene, L. Galbaatar, authorized representative of the State Great Khural (Parliament) of Mongolia
and member of the State Great Khural (Parliament) B. Enkh-Amgalan participated in the session of the Constitutional
Court.
At this hearing, the dispute about whether some provisions of Article 6, Section 6.3 of the Law on Intelligence Activity
violated Article Sixteen, Clause 13, and Article Nineteen, Section 1 of the Constitution of Mongolia was reviewed and
finally resolved, and the Mongolian Parliament 2023 On June 8, 2023, Resolution No. 41 "On the Opinion of the
Constitutional Court Judgement No. 03 of 2023" was reviewed.
One. Mongolian citizens P. Undrah-Erdene and L. Galbaatar addressed the Constitutional Court of Mongolia:
"Article 21.13, Part 2 of the Criminal Code states: "... if special equipment for intelligence activity is obtained, used, or
sold, a fine of two thousand seven hundred to fourteen thousand units will be imposed, or imprisonment for a period of
six months to three years." , in the Law on Intelligence Activity, added by the law of July 9, 2015, in Article 6, Section
6.3, "Special technical equipment for intelligence activity" means equipment, equipment, its components, and software
intended for detection. stated is a violation of Clause 13 of Article Sixteen and Clause 1 of Article Nineteen of the
Constitution of Mongolia , respectively.
This is because the government has the responsibility to protect the life, health, and privacy of an individual, while the
responsibility to protect an individual's privacy rests only with the individual. In the era of technological development,
it is impossible for an individual to protect his legal rights, freedom and privacy without technological solutions. For
example, if someone illegally installs a eavesdropping device or a secret camera in a citizen's home or office, how can
it be detected? It can be detected by a technique called "hidden camera detector". Also, if someone has placed a secret
listening device in a private or office room, it can also be detected by a device called a "network detector".
These devices - "hidden camera detectors" and "network detectors" - are openly and freely sold in many countries of
the world, and citizens can buy them only for their own needs in order to ensure their own safety. It is not prohibited by
law in the countries of the world. Because the right to self-defense is a natural and inalienable right of a citizen. For
example, mobile phone users can install and use certain applications for free, and can purchase hidden camera detectors
from online shopping stores.
In Article 6, Section 6.3 of the Law on Intelligence Activity, when formulating and legalizing special equipment for
intelligence activity, all equipment and software intended for "detection" were formulated too broadly, so it seems that
even virus programs used by citizens can be included in intelligence activity equipment. For example, a simple virus
program is designed to identify and "detect" harmful viruses and programs that attack people's computers, so it creates
an incomprehensible situation to be classified as special equipment for performing tasks. As a result, what was
previously allowed by law was included in the Criminal Code as a new crime, and the right and freedom of citizens to
self-defense were restricted and degraded.
Because the said cameras and network detection devices are intended for "detection", according to the Law on
Intelligence Activity, they fall into the category of "special equipment for intelligence activity", and moreover, if these
devices are obtained or used, there is a reason to be punished as a crime.
Equipment designed for "detection" purposes is not intended to covertly collect or acquire information, but rather to
identify and detect covert equipment and is therefore considered purely security equipment. By using this detection
equipment, it is important for citizens to prevent illegal surveillance and spying activities and to protect the security of
their information. However, denying the right to use security tools and equipment to protect one's privacy in the above
regulation is considered a serious violation of human rights.
Therefore, the above provision of Article 6, Section 6.3 of the Law on Intelligence Activity, Article 13 of the Sixteenth
Article of the Constitution of Mongolia states that "the right to personal liberty and safety. ... Privacy of citizens and
their families, confidentiality of correspondence, and inviolability of homes shall be protected by law", Section 1 of
Article Nineteen states, "The state shall be responsible to its citizens for the provision of legal and other guarantees ...
to ensure human rights and freedoms." Please determine whether it has been violated and provide a judgement."
Two. B. Enkh-Amgalan, authorized representative of the State Great Khural (Parliament) of Mongolia and
member of the State Great Khural (Parliament) of Mongolia, in his explanation submitted to the middle session
of the Constitutional Court:
"1. Section 1 of Article Eleven, Section 17 of Article Sixteen , and Sections 1 and 3 of Article Nineteen of the
Constitution of Mongolia states that the state shall protect its independence, ensure national security and social order,
and protect human rights and freedoms. It has been determined that the relevant organization can carry out special
functions within the framework of certain conditions and procedures stipulated by the law, assuming the obligation to
ensure the conditions of guaranteed enjoyment.
November 15, 2023