Mongolian Legislation and Law Enforcement in Cyberspace

May 5, 2015

Int’l Lawyer Mr. Galbaatar Lkhagvasuren

galbaatar.blogspot.com

galbaatar@gmail.com

Contents Introduction

Mongolian Legal Framework I. On guarantee for human rights and freedom in digital environmentII. On data protectionIII. On cyber crimeIV. On blocking and filteringV. On national security activities.

Conclusion

Introduction

- United Nations E-Government Survey 2014: MONGOLIA

- National Security Concept of Mongolia: Information Security concept 1997; 2010

- “E-Governance” national program 2012

Mongolian Legal Framework

I. On guarantee for human rights and freedom in digital environment

- A/Res/68/167. The Right to Privacy in The Digital Age

- MONGOLIA: Member of the United Nations

Mongolian internet users (2014.12.31)

II. On data protection

- Law on State secrets, 1995

- Law on Organization secrets, 1995

- Law on Individual secrets, 1995

Draft law on Data protection, 2014

Working group ◦ ICT Agency; ◦ National Cyber Security Department; ◦ Communications Regulatory Commission of Mongolia;◦ National Data Center;◦ IT Park;◦ Mongolian University of Science and Technology;◦ Central bank of Mongolia;◦ Legal researchers

Mongolian Legal Framework

III. On cyber crime

- Criminal Law, 2002

Draft law on Cyber security, 2013

Cyber crime unit, National Police Agency;

Cyber Security Department, National Intelligence Agency.

Mongolian Legal Framework

IV. On blocking and filtering

Illegal and harmful contents

- General terms and requirements of digital content service regulation, 2011

- Terms and requirements of license for content aggregator, 2011

- Registration of offensive domain names /www.black-list.mn/

- Filtering software

Mongolian Legal Framework

V. On national security activities

A Legal Response to Cyber Terrorism

Member of Parliament:

- Law on Anti-Terrorism, 2004

- National Security Concept: Information Security concept, 2010

Government:

- National Information Security Program, 2010

Cyber incident management

- National Data Center; Cyber Security Department, National Intelligence Agency; Ministry of Defense; “MonCIRT” NGO.

Mongolian Legal Framework

Conclusion

In Mongolia since 2010, protecting human rights in cyberspace by discussion on the way of experience domestically as well as international standard and the information flowing activities are being intensified and sustained.

Even-though Mongolian E-government is raised steady, human rights and freedoms are not to be considering on cyber space.

The official responsible of government for the human rights and freedom in cyber environment on human rights related skills and experience levels, adoption of laws are required to protect by law. /Cyber security legislation, Data protection act/

Deciding on the court of cybercrime cases a very few then the cybercrime victims who did not know themselves attacked to cybercrime. Such as this investigation of organization is not announced that information security and influencing to conceal business activities.

The government agency has been limited by regulation and serving the law. There should be internet user comments, content making, sharing their expression, freedom of decision of the court. To conduct the cyber freedom by using rule of domestic co-operation. Moreover, Mongolian policy should to reach to next level of acceptance though the international cooperation.

Thank you for your attention