Article 9. Collection and processing of personal data without the consent of the subject The Law on Personal Data and Their Protection

Home / Laws / Article 9. Collection and processing of personal data without the consent of the subject The Law on Personal Data and Their Protection

Personal data is collected and processed without the consent of the subject or his legal representative in the following cases::

1) carrying out the activities of law enforcement agencies, courts and other authorized state bodies that initiate and consider cases of administrative offenses, enforcement proceedings;

2) implementation of state statistical activities;

2-1) implementation of military registration in accordance with the legislation of the Republic of Kazakhstan on military service and the status of military personnel;

3) the use of personal data by government agencies for statistical purposes with the obligatory condition of their depersonalization;

4) implementation of international treaties ratified by the Republic of Kazakhstan;

5) protection of the constitutional rights and freedoms of man and citizen, if it is impossible to obtain the consent of the subject or his legal representative.;

5-1) the implementation by the unified accumulative pension fund of activities related to the opening of pension accounts, the provision of information on the amount of pension savings, as well as on conditional pension accounts;

6) carrying out legitimate professional activities of a journalist and (or) the activities of television, radio channels, periodicals, news agencies, online publications or scientific, literary or other creative activities, subject to compliance with the requirements of the legislation of the Republic of Kazakhstan on ensuring human and civil rights and freedoms;

7) publication of personal data in accordance with the laws of the Republic of Kazakhstan, including personal data of candidates for elected government positions;

8) failure of the subject to fulfill its obligations to provide personal data in accordance with the laws of the Republic of Kazakhstan;

9) receiving information from individuals and legal entities by the state body responsible for regulation, control and supervision of the financial market and financial organizations in accordance with the legislation of the Republic of Kazakhstan;

9-1) receiving information from individuals and legal entities by state revenue authorities for tax (customs) administration and (or) control in accordance with the laws of the Republic of Kazakhstan;

9-2) transfer of a backup copy of digital resources containing personal data of limited access to a single national backup platform for storing digital resources in cases provided for by the laws of the Republic of Kazakhstan.;

9-3) the use of personal data of business entities related directly to their business activities to form a register of business partners, subject to compliance with the requirements of the legislation of the Republic of Kazakhstan;

9-4) the use of personal data of a citizen of the Republic of Kazakhstan from the date of filing an application for the application of an out-of-court or judicial bankruptcy procedure in accordance with the Law of the Republic of Kazakhstan "On Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan", as well as for a period of up to three years preceding the application of an out-of-court or judicial bankruptcy procedure;

9-5) transfer of personal data of immigrants to the reference database of immigrants, including in the provision of public services using digital objects in the field of population migration;

9-6) to identify conflicts of interest in accordance with the legislation of the Republic of Kazakhstan on combating corruption, as well as maintaining a digital personnel system;

9-7) the implementation by the housing construction savings bank, which has the status of a national development institute, of the functions provided for in subparagraphs 1), 2) and 3) of paragraph 2 of Article 10-7 of the Law of the Republic of Kazakhstan "On Housing Relations";

10) in other cases established by the laws of the Republic of Kazakhstan.

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

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated June 24, 2026, No. 326-VIII SAM

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 14, 2026, No. 350-VIII SAM

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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Republic of Kazakhstan

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