Comments on article 10. Privacy. Secrecy of correspondence, telephone conversations, postal, telegraphic and other communications of the Civil Procedure Code of the Republic of Kazakhstan

Private life, personal and family secrets are protected by law.Everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. Restrictions on this right in the course of civil proceedings are allowed only in cases and in accordance with the procedure directly established by law.The inviolability of private life, personal and family secrets are protected by the Basic Law of the Republic. Private life is a sphere of vital activity of one individual, which is dear only to him, therefore, interference from society and the state without the consent of the person himself is unacceptable. A personal secret, being a part of private life, presupposes the existence of information that a person keeps secret. These include information about health, details of intimate life, etc.

Family secrecy presupposes the existence of information hidden from outsiders by close relatives, i.e. family members. These include the secrecy of adoption and other family relationships. Given the great importance of a person's private life, the legislator recognizes it as inviolable and protects it from any unlawful interference.

The civil procedure legislation also provides for measures to ensure privacy. In accordance with the second part of Article 19 of the CPC, cases are handled in a closed court session, including the announcement of decisions when the court satisfies the petition of the person involved in the case, referring to the need to ensure the secrecy of adoption, privacy, personal, family, commercial or other legally protected secrets, or other circumstances that prevent open proceedings, and also in the case provided for in the fourth part of Article 188 of the CPC.

The legislator provides for the possibility for representatives of a number of professions to receive personal information in the performance of their official duties and obliges them to keep it secret, including the secrecy of adoption, medical diagnosis, wills, attorney's, banking secrecy, preliminary investigation data and others. In case of disclosure of facts that constitute a personal or family secret, the perpetrators bear the responsibility established by law. Such liability is established by civil, administrative and criminal legislation.According to the law, everyone has the right to privacy of personal deposits and savings. Banking secrecy includes information about the availability, owners, and numbers of bank accounts of depositors, clients, and correspondents of the bank, about the balances and movements of money in these accounts and the accounts of the bank itself, about the bank's operations (except for the general terms and conditions of banking operations), as well as information about the availability, owners, nature, and value of clients' property. stored in safe deposit boxes, cabinets and bank premises. In accordance with article 50 of the Law "On Banks and Banking Activities in the Republic of Kazakhstan", banks guarantee secrecy on transactions and deposits of their depositors, clients and correspondents, as well as the secrecy of property stored in safe deposit boxes, cabinets and bank premises.

By the Regulatory Resolution of the Constitutional Council dated August 20, 2009 No. 5 "On the official Interpretation of Paragraph 2 of Article 18 of the Constitution of the Republic of Kazakhstan and verification of Compliance with the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Illegally Obtained Income and the Financing of Terrorism" and the Law of the Republic of Kazakhstan "On Amendments and Additions to some legislative acts of the Republic of Kazakhstan on countering the legalization (laundering) of illegally obtained income, The official interpretation of paragraph 2 of Article 18 of the Constitution is given in terms of the norms: "Everyone has the right to privacy of personal deposits and savings... Restrictions on this right are allowed only in cases and in accordance with the procedure directly established by law."The secrecy of correspondence, telephone conversations, postal, telegraphic and other communications relate to human rights in the field of communications, and the legislator, given that new types of communication tools are emerging every day, is not limited to an exhaustive list, but makes it possible to take into account any types of messages. Due to its vulnerability, the secrecy of correspondence and telephone conversations needs special protection. Eavesdropping on telephone conversations, checking postal and telegraphic messages are allowed in the event of a threat to the life and health of individuals upon their application or with their written consent.

In accordance with the third part of Article 19 of the CPC, personal correspondence and other personal communications may be disclosed in open court only with the consent of the persons between whom this correspondence took place and to whom these personal communications relate. In the absence of such consent, correspondence and messages are announced and examined in a closed court session. These rules also apply to the study of audio, video recordings, photographic and film recordings and other materials on electronic, digital and other material media containing personal information.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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