RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of June 14, 2022 No. 316

About approval of the Procedure for maintaining the personal record of the government civil servant and local government officer of the Kyrgyz Republic

For the purpose of determination of rules of maintaining, storage, transfer and any other use of personal data of the government civil servant and the local government officer of the Kyrgyz Republic, and also according to article 18 of the Law of the Kyrgyz Republic "About the public civil service and municipal service", 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:

1. Approve the Procedure for maintaining the personal record of the government civil servant and local government officer of the Kyrgyz Republic according to appendix.

2. Recognize invalid:

1) the paragraph the ninth Item 1 of appendix 8 to the order of the Government of the Kyrgyz Republic "About questions of the organization of the public civil service and municipal service" of December 29, 2016 No. 706;

2) paragraphs the eighty ninth - the ninety fifth Item 1 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of June 8, 2017 No. 358;

3) the subitem 7 of Item 3 appendices to the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic in the sphere of the public civil service and municipal service" of December 6, 2018 No. 568.

3. This resolution becomes effective after seven days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of June 14, 2022 No. 316

Procedure for maintaining the personal record of the government civil servant and local government officer of the Kyrgyz Republic

1. General provisions

1. This Procedure determines rules of maintaining, storage, transfer and any other use of personal data of the government civil servant and the local government officer of the Kyrgyz Republic (further - the employee), and also maintaining its personal record according to article 18 of the Law of the Kyrgyz Republic "About the public civil service and municipal service".

2. The head of state body, local government body of the Kyrgyz Republic performing powers of the employer provides:

- the mode of confidentiality of personal data in cases, stipulated by the legislation the Kyrgyz Republic about information of personal nature;

- acceptance of necessary legal, organizational and technical measures on personal data protection of employees from illegal or accidental access to them, change, blocking, copying, provision, distribution of personal data, and also from other wrongful acts concerning personal data of employees.

3. The head of state body, local government body of the Kyrgyz Republic determines service of personnel management or the authorized person concerning personnel management for maintaining personal records and these personal data bearing responsibility for violation of the mode of protection.

4. When obtaining, processing, storage and transfer of personal data of the employee the service of personnel management or the authorized person concerning personnel management shall observe the following requirements:

- processing of personal data of the employee is performed for the purpose of ensuring compliance with the Constitution, the laws and other regulatory legal acts of the Kyrgyz Republic, assistance to the employee in passing of the public civil service and municipal service of the Kyrgyz Republic, training and career development, ensuring personal security of the employee and members of his family, and also safety of the property belonging to it and property of state body, local government body, accounting of results of execution of job responsibilities by it;

- personal data should be obtained personally at the employee. In case of need receipts of personal data of the employee at the third party it is necessary to inform on it the employee in advance, to receive its written consent and to report about the purposes, expected sources and methods of receipt of personal data;

- collection and entering into the personal record of the employee of the personal data which are not established by the laws of the Kyrgyz Republic on his political, religious and other convictions, private life, membership in public associations, including in labor unions is forbidden;

- in case of decision making, infringing on interests of the employee, it is forbidden to be based on the personal data of the employee obtained only as a result of their automated processing or with use of electronic media;

- personal data protection of the employee from their unauthorized use or loss is provided at the expense of means of state body, local government body of the Kyrgyz Republic according to the procedure, established by the legislation of the Kyrgyz Republic on information of personal nature;

- transfer of personal data of the employee to the third party is not allowed without written consent serving, except as specified, established by the legislation of the Kyrgyz Republic on information of personal nature.

2. Forming of the personal record

5. Forming of the personal record is made for the purpose of the ordered group of documentary information on the employee transferred to them in case of acceptance to the corresponding position. Forming (the subsequent maintaining and registration) of personal records of employees is assigned to service of personnel management or the authorized person concerning personnel management, bearing the personal responsibility for providing the proper address with these documents.

6. Forming of the personal record is made directly after acceptance of the employee to the state or municipal position.

7. Number according to register of personal records of employees is assigned to the personal record.

8. The following details are reflected in cover of the personal record:

- "The personal record No." according to register of personal records of employees;

- surname, name, employee's middle name;

- start date of maintaining the personal record, end date of maintaining the personal record, number of pages, storage duration.

9. Join the personal record of the employee:

- the personal leaf filled and signed by the employee on registration of personnel of the established form with appendix of the photo;

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