LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2013 No. 94-V ZRK

About personal data and their protection

This Law governs the public relations in the field of personal data, and also determines the purpose, the principles and the legal basis of activities connected with collection, processing and personal data protection.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) biometric data - personal data which characterize physiological and biological features of the subject of personal data on the basis of which it is possible to identify his personality;

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

2-1) state service of access control to personal data (further - the state service) - the service providing information exchange of owners and (or) operators, the third parties with the subject of personal data and authorized body in case of access to the personal data containing in objects of informatization of state bodies and (or) the state legal entities including obtaining from the subject of personal data of consent to collection, processing of personal data or their transfer to the third parties;

2-2) non-state service of access control to personal data (further - non-state service) - the service providing information exchange of owners and (or) operators, the third parties with the subject of personal data in case of access to the personal data containing in non-state objects of informatization including obtaining from the subject of personal data of consent to collection, processing of personal data or their transfer to the third parties;

2-3) automated processing of personal data - the processing of personal data object of informatization excluding participation of the owner and (or) operator, and also the third party in processing;

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

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

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

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

7) 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;

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

9) 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;

10) 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;

11) personal data protection - package of measures, including legal, organizational and technical, performed for the purpose of, established by this Law;

11-1) 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;

11-2) No. 96-VIІ ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2021

12) processing of personal data - 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) storage of personal data - 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 by means of mass media, or provision of access to personal data any different way;

15-1) violation of safety of personal data - the violation of personal data protection which entailed illegal distribution, change and destruction, unauthorized distribution transferred, stored or otherwise the processed personal data or unauthorized access to them;

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

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

Article 2. Purpose of this Law

The purpose of this Law is ensuring protection of rights and freedoms of man and citizen in case of collection and processing of its personal data.

Article 3. Operation of this Law

1. This Law governs the relations connected with collection, processing and personal data protection.

2. Features of collection, processing and personal data protection can be regulated by other laws and acts of the President of the Republic of Kazakhstan.

3. Operation of this Law does not extend to the relations arising in case of:

1) collection, processing and personal data protection by subjects only for personal and family needs if at the same time the rights of other physical and (or) legal entities and the requirement of the laws of the Republic of Kazakhstan are not violated;

2) forming, storage and use of documents of National Archive Fund of the Republic of Kazakhstan and other archive documents, except for the archive documents containing data on private life, the personal and family mystery of physical person according to the legislation of the Republic of Kazakhstan on National Archive Fund and archives;

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