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ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of October 21, 2020 No. 395/Tax Code

About approval of Rules of collection, personal data processing

According to the subitem 7) Item 1 of article 27-1 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" PRIKAZYVAYU:

1. Approve the enclosed Rules of collection, personal data processing.

2. To provide to committee on information security of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on the Internet - resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on supervising vice-the minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of digital development, innovations and aerospace industry of the Republic of Kazakhstan

B. Musin

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of October 21, 2020 No. 395/Tax Code

Rules of collection, personal data processing

Chapter 1. General provisions

1. These rules of collection, personal data processing (further - Rules) are developed according to the subitem 7) of Item 1 of article 27-1 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" (further - the Law) and determine procedure for collection, personal data processing.

2. In these rules the following basic concepts are used:

1) personal data - the data relating to the subject of personal data determined or determined on their basis, fixed on electronic, paper and (or) other material medium;

2) blocking of personal data - actions for the temporary termination of collection, accumulating, change, amendment, use, distribution, depersonalization and destruction of personal data;

3) accumulating of personal data - actions for systematization of personal data by their entering into the base containing personal data;

4) collection of personal data - the actions directed to receipt of personal data;

5) destruction of personal data - actions as a result of which making it is impossible to recover personal data;

6) depersonalization of personal data - actions as a result of which making determination of accessory of personal data is impossible for the subject of personal data;

7) the base containing personal data (further - base), - set of the arranged personal data;

8) the owner of the base containing personal data (further - the owner), - the state body, the physical and (or) legal entity exercising right of possession, uses and orders of the base containing personal data according to the laws of the Republic of Kazakhstan;

9) the operator of the base containing personal data (further - the operator), - the state body, the physical and (or) legal entity performing collection, processing and personal data protection;

10) authorized body in the field of personal data protection (further - authorized body) - the central executive body performing management in the field of personal data protection;

11) service of safety of personal data - the service providing information exchange of owners and (or) operators with subject including obtaining from the subject of consent to collection, personal data processing or their transfer to the third parties, including by realization of this interaction by owners and (or) operators independently;

12) personal data processing - the actions directed to accumulating, storage, change, amendment, use, distribution, depersonalization, blocking and destruction of personal data;

13) use of personal data - the actions with personal data directed to realization of the purposes of activities of the owner, operator and the third party;

14) personal data storage - actions for ensuring integrity, confidentiality and availability of personal data;

15) distribution of personal data - actions which making is resulted by transfer of personal data, including through mass media or provision of access to personal data any different way;

16) the subject of personal data (further - the subject) - physical person to which personal data belong;

17) the third party - person which is not the subject, the owner and (or) the operator, but related circumstances or legal relationship on collection, processing and personal data protection;

18) the web portal of "the electronic government" - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically.

3. These rules extend to the relations arising between owners, operators, subjects, and also the third parties in the course of collection and personal data processing.

4. Collection, personal data processing are performed by the owner and (or) the operator, and also the third party with the consent of the subject or his legal representative according to the procedure, determined by these rules, except as specified, the stipulated in Article 9 Laws.

Collection, personal data processing of the dead (recognized by court it is unknown absent or declared the dead) the subject are performed according to the legislation of the Republic of Kazakhstan.

5. Collection and processing by the owner and (or) personal data operator is allowed in the amount determined by the List of the personal data necessary and sufficient for accomplishment of the performed tasks (further - the List of personal data).

The list of personal data is determined and affirms according to Rules, determinations by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment performed by them tasks approved by the order of the Government of the Republic of Kazakhstan of November 12, 2013 No. 1214.

6. The subject or his legal representative gives (withdraws) consent to collection, personal data processing in writing, in electronic form or by means of service of safety of personal data or otherwise using elements of the protective actions which are not contradicting the legislation of the Republic of Kazakhstan.

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