RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 22, 2021 No. 325

About the State personal data protection agency under the Cabinet of Ministers of the Kyrgyz Republic

For the purpose of implementation of article 29 of the Law of the Kyrgyz Republic "About information of personal nature", according to the Presidential decree of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" of May 5, 2021 114, articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides No.:

1. Approve:

1) Regulations on the State agency on personal data protection under the Cabinet of Ministers of the Kyrgyz Republic (further - the Agency) according to appendix 1;

2) the scheme of management of the Agency according to appendix 2.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the List of the authorized bodies having the right to conducting checks of subjects of entrepreneurship" of July 21, 2016 No. 411 the following changes:

in the List of the authorized bodies having the right to conducting checks of subjects of entrepreneurship, approved by the specified resolution:

Item 13 to state 1) in the following edition:

"13. Ministry of digital development of the Kyrgyz Republic.";

To add 2) with Item 15 of the following content:

"15. The state personal data protection agency under the Cabinet of Ministers of the Kyrgyz Republic.".

3. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 29.08.2022 No. 474

4. To Administration of the President of the Kyrgyz Republic to find the room for permanent placement of the Agency.

5. Send this resolution for consideration in Jogorku Kenesh of the Kyrgyz Republic.

6. Ask Jogorku Kenesh of the Kyrgyz Republic to consider question of modification of the List of the authorized bodies having the right to conducting checks of subjects of entrepreneurship, No. 1057-VI approved by the resolution of Jogorku Kenesh of the Kyrgyz Republic of November 10, 2016 in extraordinary procedure.

7. Appoint the director of the Agency the official representative of the Cabinet of Ministers of the Kyrgyz Republic to consideration of the question specified in Item 6 of this resolution.

8. To the agency to take the necessary measures following from this resolution.

9. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

10. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 22, 2021 No. 325

Regulations on the State agency on personal data protection under the Cabinet of Ministers of the Kyrgyz Republic

1. General provisions

1. The state personal data protection agency under the Cabinet of Ministers of the Kyrgyz Republic (further - the Agency) is the state body of the executive authority developing and realizing single state policy in the sphere of information of personal nature, performing functions on ensuring protection of the rights of subjects of personal data (subjects), registration of holders (owners) of massifs of personal data, maintaining the Register of holders of massifs of personal data.

2. The agency in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, resolutions of Jogorku Kenesh of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions and orders of the Cabinet of Ministers of the Kyrgyz Republic, international treaties which became effective according to the legislation of the Kyrgyz Republic, and also this Provision.

3. The agency performs the activities in interaction with state bodies, local government bodies, the international organizations, business community, public associations, scientific and other organizations.

4. The agency is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and the name in the state and official languages, stamps and forms of the established sample, and also settlement, current and other accounts in system of treasury and in agent banks of the Central Treasury of the Ministry of Finance of the Kyrgyz Republic.

5. Full name of the Agency:

- in state language: "Kyrgyz Respublikasynyn Ministrler Kabinetine to Zheke's karashtu of maalymattarda korgoo boyuncha mamlekettik agenttik";

- in official language: "The state personal data protection agency under the Cabinet of Ministers of the Kyrgyz Republic".

6. This Provision determines the organization-legal status of the Agency, its purpose and task, function and the right, and also the organization of activities of the Agency.

2. Purpose of activities of the Agency

7. The purpose of activities of the Agency is ensuring protection of the rights and freedoms of man and citizen connected with collection, processing and use of personal data irrespective of the applied means of processing of this information, including use of information technologies.

3. Tasks of the Agency

8. Tasks of the Agency are:

1) ensuring control of compliance of processing of personal data to requirements of the legislation of the Kyrgyz Republic in the sphere of information of personal nature state bodies, local government bodies, the public and local government offices and the companies, and also legal entities and physical persons irrespective of pattern of ownership;

2) protection of the rights of subjects of personal data;

3) provision of the public of information on situation with personal data protection in the Kyrgyz Republic;

4) realization of other tasks assigned to the Agency according to the legislation of the Kyrgyz Republic.

4. Functions of the Agency

9. The agency performs the following functions:

1) in the sphere of industry policy:

- assistance to development and realization of state policy in the field of personal data within the competence;

- development of single state policy in the field of personal data protection;

- implementation of function of the state customer of scientific and technical and investing programs and projects in the field of personal data protection;

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