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LAW OF TURKMENISTAN

of March 20, 2017 No. 519-V

About information on private life and its protection

This Law governs the public relations in the sphere of information on private life of the person and determines the purpose, the principles and the legal basis of the activities connected with its collection, processing and protection.

Chapter I. General provisions

Article 1. Basic concepts

For the purposes of this Law the following basic concepts are used:

1) biometric data - the data characterizing physiological and biological features of the person and allowing to identify the personality of person to whom information on private life concerns;

2) information on private life (further - personal data) - any data relating to the physical person determined or determined based on such data (further - the subject), fixed on electronic, paper or other material medium;

3) base of personal data - set of the ordered personal data which are completed depending on the purposes of their appointment and use;

4) the operator of base of personal data (further - the operator) - the state bodies and other legal entities or physical persons performing collection, processing and protection of personal data, and also the determining purposes and content of these actions;

5) the admission to personal data - possibility of obtaining and use of personal data;

6) provision of personal data - the actions directed to receipt of personal data by certain group of people or transfer of personal data to certain group of people;

7) blocking of personal data - actions for the temporary termination of collection, accumulating, modification and amendments (further - refining), uses, distribution, depersonalizations and destructions of personal data;

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

9) accumulating of personal data - actions for systematization of personal data by their entering into base of personal data;

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

11) destruction of personal data - actions which attract impossibility of recovery of personal data;

12) depersonalization of personal data - actions which give to impossibility definitions of accessory of personal data to the subject;

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

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

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

16) distribution of personal data - actions which perform transfer of personal data to certain number of persons or on acquaintance with personal data of any number of persons, including through mass media or provision of access to personal data by any different way;

17) confidentiality of personal data - obligatory for accomplishment by person who got access to use of certain personal data, the requirement not to transfer such data to the third parties without the consent of the subject providing confidentiality of personal data;

18) the third party - person who is not the subject or the operator, but connected remove circumstances or legal relationship on collection, processing and protection of personal data of the person.

Article 2. Purpose of this Law

The purpose of this Law is ensuring protection of human rights and freedoms in case of collection, processing and protection of personal data, including protection of the rights to personal privacy, personal and family secret.

Article 3. Operation of this Law

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

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

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

1) in case of collection, processing and protection of personal data by the subject for personal and family needs if at the same time the rights of other legal entities or physical persons and the requirement of the laws of Turkmenistan are not violated;

2) forming, storage, accounting and use of the archive documents containing personal data according to the legislation of Turkmenistan on archives and archiving;

3) collection, processing and protection of the personal data carried to the state secrets according to the Law of Turkmenistan "About the state secrets";

4) collection, processing and protection of personal data during intelligence, counterintelligence, operational search activities, and also implementation of security actions for safety of protected persons and objects in the limits set by the laws of Turkmenistan.

Article 4. Legislation of Turkmenistan on personal data and their protection

1. The legislation of Turkmenistan on personal data and their protection is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan determining procedure for collection, processing and protection of personal data.

2. State bodies on the basis and in pursuance of this Law within the powers can adopt regulatory legal acts on single questions of collection and processing of personal data which shall not contain the regulations limiting the rights of the subject and are subject to official publication according to the legislation of Turkmenistan.

Article 5. Principles of collection, processing and protection of personal data

Collection, processing and protection of personal data are performed according to the principles:

1) inadmissibility of collection, storage, use and distribution of personal data of the subject without its consent;

2) observance of constitutional rights and freedoms of man and citizen;

3) legality of the purposes and methods of collection and processing of personal data;

4) compliance is more whole than collection and processing of personal data to the purposes which are in advance determined in case of collection of personal data and also powers of the operator;

5) safety of the personality, society and state;

6) compliance of amount and nature of the collected and processed personal data, methods of collection and processing of personal data to the purposes of their collection and processing;

7) reliability of personal data, their sufficiency for the purposes of collection and processing, inadmissibility of collection and processing of personal data, excessive in relation to the purposes determined in case of collection of personal data;

8) confidentiality of personal data of limited access.

Chapter II Collection and processing of personal data

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