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

Home / RLA / 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) carrying out 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) 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 for storage of a backup copy of electronic information resources containing personal data of limited access to a single national backup platform for storing electronic information 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;

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.

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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