Article 8. Procedure for giving (revoking) consent of a subject to the collection and processing of personal data of the Law on Personal Data and Their Protection

Home / Laws / Article 8. Procedure for giving (revoking) consent of a subject to the collection and processing of personal data of the Law on Personal Data and Their Protection

1. The subject or his legal representative gives (withdraws) consent to the collection and processing of personal data in writing, through a public service, a non-governmental service, or in any other way that allows confirming consent.

When collecting and (or) processing personal data contained in the objects of informatization of state bodies and (or) state legal entities, consent is provided through a public service.

2. A subject or his legal representative may not revoke consent to the collection or processing of personal data in cases where this is contrary to the laws of the Republic of Kazakhstan, or if there is an unfulfilled obligation.

3. Excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 96-VII (effective sixty calendar days after the date of its first official publication).

4. Consent to the collection and processing of personal data includes:

1) the name (surname, first name, patronymic (if it is indicated in the identity document), business identification number (individual identification number) of the operator;

2) last name, first name, patronymic (if it is indicated in the identity document) of the subject;

3) the period or period during which the consent to the collection and processing of personal data is valid;

4) information about the operator's ability or lack thereof to transfer personal data to third parties;

5) information about the presence or absence of cross-border transfer of personal data during their processing;

6) information about the dissemination of personal data in publicly available sources;

7) the list of collected data related to the subject;

8) other information determined by the owner and (or) the operator.

5. The period of validity of the consent to the processing of personal data may not exceed the period necessary to achieve the purposes of collecting and processing personal data, unless otherwise established by the laws of the Republic of Kazakhstan or the contract.

6. If the period of validity of the consent to the collection and processing of personal data is not specified, it is considered valid until the purposes of processing are achieved, as defined when it was provided.

7. The subject or his legal representative has the right to revoke consent to the collection and processing of personal data by notifying the owner and/or operator, as well as a third party.

Within fifteen working days, the owner and (or) the operator, as well as a third party, are obliged to stop processing personal data if their storage or processing is not required in accordance with the legislation of the Republic of Kazakhstan, or to provide a reasoned refusal.

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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