Article 7. Conditions for the collection and processing of personal data and the specifics of the collection and processing of personal data of the Law on Personal Data and Their Protection

Home / Laws / Article 7. Conditions for the collection and processing of personal data and the specifics of the collection and processing of personal data of the Law on Personal Data and Their Protection

1. Personal data is collected and processed by the owner and (or) the operator, as well as by a third party with the consent of the subject or his legal representative in accordance with the procedure determined by the authorized body, except for the cases provided for in paragraph 5 of this Article and Article 9 of this Law.

2. The collection and processing of personal data of a deceased (recognized by a court as missing or declared dead) subject is carried out in accordance with the legislation of the Republic of Kazakhstan.

3. The dissemination of personal data in publicly available sources is permitted with the consent of the subject or his legal representative.

4. The requirements of paragraph 3 of this Article do not apply to information holders in cases of publication of information, the obligation to post which is established by the laws of the Republic of Kazakhstan.

5. The repeated collection, processing and dissemination by third parties of personal data published on the basis of paragraphs 3 and 4 of this article is allowed, provided there is a link to the source of the information.

6. The processing of personal data in the form of cross-border transfer of personal data, with the exception of the cases provided for in Article 16 of this Law, the dissemination of personal data in publicly available sources, as well as their transfer to third parties, is subject to the consent of the subject.

7. The specifics of the collection and processing of personal data in electronic information resources containing personal data are established in accordance with the legislation of the Republic of Kazakhstan on informatization, taking into account the provisions of this Law.

8. The collection and processing of personal data should be limited to achieving specific, predetermined and legitimate goals.

The collection and processing of personal data for the purpose of causing property damage and (or) moral harm, restricting the exercise of the rights, freedoms and legitimate interests of the subject is prohibited.

9. Personal data, the content and volume of which are excessive in relation to the purposes of their processing, are not subject to processing.

10. It is prohibited to collect and process copies of identification documents on paper, except in cases where there is no integration with the objects of informatization of state bodies and (or) state legal entities, it is impossible to identify the subject using technological means, as well as in other cases provided for by the laws of the Republic of Kazakhstan.

The exceptional cases of collecting and processing hard copies of identity documents provided for in part one of this paragraph do not apply to the use and presentation of identity documents generated through the digital documents service.

11. The collection and processing of personal data for the creation or expansion of databases through inappropriate extraction of personal data from publicly available sources is prohibited.

12. The use of technological means in public places to collect biometric data and identify the subject, as well as the collected biometric data and identification information, may be carried out solely for the purpose of protecting the constitutional order, protecting public order, human rights and freedoms, public health and morals, except in cases where the consent of the subject has been obtained.

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.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases