of April 14, 2008 No. 58
About information of personal nature
Accepted by Jogorku Kenesh of the Kyrgyz Republic on February 21, 2008
The purposes of this Law are:
- activation of purposeful state policy in the field of work with personal data;
- protection of the rights and personal freedoms when using information of personal nature and protection of this information;
- determination of working conditions with information of personal nature;
- determination of procedure for forming of arrays of information of personal nature by public authorities, local government bodies, and also legal entities;
- determination of the rights and obligations of subjects of information of personal nature, holders (owners) and receivers of arrays of such information;
- establishment of forms of state regulation and operating procedure with information of personal nature, and also conditions of ensuring its safety.
1. Operation of this Law extends to the relations arising during the work with information of personal nature irrespective of the applied means of processing of this information including use of information technologies.
2. Operation of this Law does not extend to storage, processing and use of personal data in connection with personal, family or economic records of physical person if at the same time the rights of subjects of personal data are not violated.
For the purposes of this Law the following main terms and determinations are applied:
Information of personal nature (personal data) - the fixed information on the material carrier on the specific person identified with the specific person or which can be identified with the specific person, allowing to identify this person directly or indirectly, by means of the reference to one or several factors specific to its biological, economic, cultural, civil or social identity.
Bio and authentication data, personal characteristics, data on marital status, financial position, the state of health and other belong to personal data.
The list of personal data - the list of categories of data on one subject.
Array of personal data - any structured set of personal data of indefinite number of subjects, irrespective of type of the information medium and the used means of their processing (archives, card-indexes, electronic databases, etc.).
Public arrays of personal data - arrays of personal data, access to which is not limited by the legislation, and intended for general use (reference books, telephone directories, telephone books, etc.).
The mode of confidentiality of personal data - normative statutory rules determining access restrictions, transfers, provisions and storage conditions of personal data.
The subject of personal data (subject) - physical person to which the relevant personal data belong.
The holder (owner) of array of personal data - public authorities, local government bodies and legal entities to which powers are assigned to determine the purposes, categories of personal data and to control collection, storage, processing and use of personal data according to this Law.
Authorized state body on personal data (further - authorized state body) - the state body authorized by the Government of the Kyrgyz Republic to perform functions and powers on ensuring compliance of personal data processing to requirements of this Law, protection of the rights of subjects of personal data (subjects), registration of holders (owners) of array of personal data, maintaining the Register of holders of arrays of personal data, other tasks, functions and powers provided by this Law.
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