Article 11. The secrecy of collection activities of the Law on Collection Activities

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1. The secrecy of collection activities includes any information about the debtor, creditor, debt, third parties bound by obligations to the creditor under a bank loan agreement or a micro-loan agreement, the terms of debt collection agreements and other information obtained and (or) compiled by the collection agency in the course of collection activities.

2. The secrecy of collection activities in relation to the debtor may be disclosed only to the debtor, to a third party on the basis of the debtor's written consent, including that given at the conclusion of a bank loan agreement for the disclosure of banking secrecy or a micro-loan agreement for the disclosure of the secrecy of the provision of micro-credit, as well as to the persons specified in paragraphs 3, 4 and 5 of this article.

3. Information about the debtor, creditor, debt, third parties bound by obligations with the creditor under a bank loan agreement or a micro-loan agreement, on the terms of debt collection agreements concluded, and other information obtained and/or compiled by the collection agency in the course of collection activities are provided:

1) state bodies and officials performing the functions of criminal prosecution: in criminal cases pending before them on the basis of a written request authorized by the prosecutor;

2) courts: in cases pending before them on the basis of a court ruling, resolution, decision and verdict;

3) state and private bailiffs: in cases under their jurisdiction, enforcement proceedings are conducted on the basis of a resolution of the bailiff authorized by the prosecutor, certified by the seal of the judicial authority or the seal of a private bailiff;

4) to the prosecutor: on the basis of a resolution on the conduct of an inspection within his competence on the material under consideration.;

5) state revenue authorities: on issues related to taxation of the person being audited, on the basis of an order;

6) representatives of the debtor: on the basis of a notarized power of attorney;

7) to the authorized body in the field of rehabilitation and bankruptcy: in respect of a person for whom a court decision declaring bankruptcy has entered into force, for a period of five years prior to the initiation of bankruptcy proceedings and (or) rehabilitation with the approval of the prosecutor;

8) to the authorized body: on issues related to the implementation of state control over the activities of collection agencies.

9) to the authorized body in the field of public administration for the restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan: based on a request from a citizen who has submitted an application for the application of procedures provided for by the Law of the Republic of Kazakhstan "On the restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan", for a period of three years prior to filing such a request;

10) to the financial manager: on the basis of a request in respect of a citizen for whom a case has been initiated on the application of a procedure for restoring solvency or judicial bankruptcy with the approval of the prosecutor. In order to confirm the authority, a court ruling on the initiation of proceedings on the application of the procedure is attached to the request.

4. Information about the debtor, the creditor, third parties bound by obligations with the creditor under a bank loan agreement or a micro-loan agreement, debts, on the terms of debt collection agreements and other information obtained and (or) compiled by the collection agency when carrying out collection activities in relation to the debtor, in addition to the persons provided for in paragraph 3 of this article, are also issued on the basis of a written request.:

1) persons indicated by the debtor in the will;

2) notaries: for inheritance cases under their jurisdiction on the basis of a notary's request;

3) to foreign consular institutions: for inheritance cases under their jurisdiction.

5. They are not disclosures of the secrets of collection activities:

1) provision by collection agencies of information to credit bureaus in accordance with the Law of the Republic of Kazakhstan "On Credit Bureaus and the formation of credit histories in the Republic of Kazakhstan" and provision by credit bureaus of information about the debtor in terms of debt;

2) exchange of information, including information constituting the secrecy of collection activities, between the National Bank of the Republic of Kazakhstan and the authorized body;

3) submission by an official of a state body or a person performing managerial functions in an organization of documents and information containing the secrecy of collection activities as supporting documents and materials when sending a criminal prosecution body a report on a criminal offense.

The secrecy of collection activities may be disclosed to the banking and (or) microfinance ombudsmen on the appeals of individuals under consideration to resolve disputes arising from a bank loan agreement or a microcredit agreement, the obligations under which were assigned to the person specified in paragraphs 3 and 4 of Article 36-1 of the Law of the Republic of Kazakhstan "On Banks and Banking activities in the Republic of Kazakhstan" or in paragraphs 4 and 5 of Article 9-1 of the Law of the Republic of Kazakhstan "On Microfinance Activities".

6. Collection agencies, as well as other persons who have obtained access to such information on the basis of this Law and other laws of the Republic of Kazakhstan, are responsible for the disclosure or illegal use of information that constitutes a secret protected by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated May 6, 2017 No. 62-VI.

This Law regulates public relations related to the implementation of collection activities, establishes the specifics of the creation and operation of collection agencies, and also defines the specifics of state regulation of collection agencies and control over their activities.

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Republic of Kazakhstan

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