Article 16. Cross-border transfer of personal data of the Law on Personal Data and Their Protection

Home / RLA / Article 16. Cross-border transfer of personal data of the Law on Personal Data and Their Protection

1. Cross–border transfer of personal data is the transfer of personal data to the territory of foreign states.

2. In accordance with this Law, the cross-border transfer of personal data to the territory of foreign States is carried out only if these States ensure the protection of personal data.

3. Cross-border transfer of personal data to the territory of foreign states that do not ensure the protection of personal data may be carried out in the following cases::

1) the consent of the subject or his legal representative to the cross-border transfer of his personal data;

2) provided for by international treaties ratified by the Republic of Kazakhstan;

3) provided for by the laws of the Republic of Kazakhstan, if necessary for the purpose of protecting the constitutional order, protecting public order, human and civil rights and freedoms, public health and morals;

4) protection of the constitutional rights and freedoms of man and citizen, if obtaining the consent of the subject or his legal representative is impossible.

4. The cross-border transfer of personal data to the territory of foreign states may be prohibited or restricted by the laws of the Republic of Kazakhstan.

5. The specifics of the cross-border transfer of official information about subscribers and (or) users of communication services are determined by the Law of the Republic of Kazakhstan "On Communications".

The Law of the Republic of Kazakhstan dated May 21, 2013 N 94-V.

This Law regulates public relations in the field of personal data, as well as defines the purpose, principles and legal basis of activities related to the collection, processing and protection of personal data.

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