How to protect personal data in the digital age
One of the global challenges of the 21st century is the protection of personal data in the digital age, where every day we hear and see how citizens' rights are violated by leaking personal data to the global Internet. Our country does not stand aside on these issues either and is taking steps to solve international problems. Thus, various regulatory acts are being adopted by legislative bodies and measures are being taken to prevent the leakage of citizens' digital data.
The main law of our country, the Constitution of the Republic of Kazakhstan, stipulates that human rights and freedoms are recognized and guaranteed in the Republic of Kazakhstan in accordance with the Constitution. Human rights and freedoms belong to everyone from birth, are recognized as absolute and inalienable. Everyone has the right to privacy, personal and family secrets, and the protection of their honor and dignity. Everyone has the right to privacy of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic and other communications. Government agencies, public associations, officials, and the media are required to provide every citizen with the opportunity to familiarize themselves with documents, decisions, and sources of information affecting their rights and interests.
In addition, the Laws "On Informatization" and "On Personal Data and their Protection" have been adopted, which provide that personal data is subject to protection, which is guaranteed by the state. The collection and processing of personal data is carried out only in cases of ensuring their protection. The owner or owner of electronic information resources containing personal data, when transferring electronic information resources containing personal data to the owner or owner of the information system, must obtain the consent of the personal data subject or his legal representative to collect and process personal data using information systems. How to protect personal data in the digital age Thus, personal data availability is divided into public and restricted access.
Publicly available personal data is personal data that is freely accessible with the consent of the subject or that, in accordance with the legislation of the Republic of Kazakhstan, is not subject to confidentiality requirements.
Personal data of limited access is data that is not subject to disclosure according to the Law of the Republic of Kazakhstan "On State Secrets".
Collection and processing of personal data is carried out without the consent of the subject or his legal representative only in the activities of law enforcement agencies and courts, enforcement proceedings, etc.; Access to personal data is determined by the terms of the consent of the subject or his legal representative provided to the owner and (or) operator for their collection and processing, unless otherwise provided by the legislation of the Republic of Kazakhstan. Access to personal data should be prohibited if the owner and/or operator and/or a third party refuse to assume obligations to ensure compliance with the requirements of this Law or are unable to provide them. An application (request) from a subject or his legal representative regarding access to his personal data is submitted to the owner and/or operator in writing or in the form of an electronic document or in any other way using elements of protective actions that do not contradict the legislation of the Republic of Kazakhstan. Third parties may receive personal data contained in the information systems of government agencies through the e-government web portal, subject to the consent of the subject provided from the user's account on the e-government web portal, as well as through the subject's cellular subscriber number registered on the e-government web portal by transmitting a one-time password or by sending a short text message as a response to a notification from the e-Government web portal.
Owners and (or) operators, as well as third parties who gain access to restricted personal data, ensure their confidentiality by complying with the requirements not to allow their dissemination without the consent of the subject or his legal representative or other legitimate grounds.
Persons who have become aware of personal data with limited access due to professional, official necessity, as well as labor relations, are required to ensure their confidentiality. Failure to comply with measures to protect personal data by a person who is responsible for taking such measures, if this act has caused significant harm to the rights and legitimate interests, as well as the illegal collection of information about a person's private life that constitutes his personal or family secret, without his consent, or causing significant harm to the rights and legitimate interests of a person as a result of illegal collection and (or) processing of other personal data and/or committed by a person using his official position or special technical means designed to secretly obtain information, either through illegal access to electronic information resources, an information system, or illegal interception of information transmitted over a telecommunications network, or in order to extract benefits and advantages for oneself or for other persons or organizations.
Dissemination of information about a person's private life that constitutes his personal or family secret without his consent, or causing significant harm to the rights and legitimate interests of the person as a result of the illegal collection and (or) processing of other personal data. Dissemination of the information specified in part four of this article in a public speech, publicly displayed work, in the mass media or using telecommunications networks - is punishable by an administrative fine up to imprisonment for up to seven years with the recovery of moral and material damage and in respect of legal entities compensation for losses.
Sincerely, The Law and Law Law CompanyAttorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
