KyrgyzstanDigital Code, processing of children's personal data
Digital Code, Law No. 178, Art. 81
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent, Disclosure
- Audit expectation
- none
As of .
What it requires
- Process a child's personal data only where one of the cases in Art. 81(2) applies and the processing is in the child's interest, such as a law that expressly requires it, protection of the child's vital interests, medical purposes, or research with appropriate data-protection measures.
- Where no Art. 81(2) case applies, obtain the consent of the child's legal representative, for the purposes for which it was given; a child who has reached fourteen may consent personally when exercising rights and duties within the capacity set by civil law.
- Write the request for consent, and the information about the processing, in clear and accessible language a child can understand.
- As a record owner, take the measures needed to prevent unlawful processing of children's personal data.
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Article 81 limits when a child's personal data may be processed, requires a legal representative's consent where no listed case applies, and requires clear language and preventive measures; it does not require a log, record or audit trail. English: record owners must take the measures needed to prevent unlawful processing of children's personal data.
- Kind
- None
- As of
What this law does
Art. 81(1) allows processing of a child's personal data only in the cases listed in Art. 81(2), and only where the processing is in the child's interest and the safeguards of the Article apply.
Art. 81(2) lists seven cases: a law that expressly requires the processing and sets its purposes, protection of the vital interests of the child or another person, medical and preventive purposes, public health or humanitarian aid, the administration of justice, national security, defense, public security or the prevention and prosecution of crime, and scientific, statistical or other research with appropriate data-protection measures and regard for the interests of children, or with anonymized records.
Where none of those cases applies, Art. 81(3) allows processing only with the consent of the child's legal representative, for the purposes for which it was given. A child who has reached the age of fourteen may give consent personally when exercising rights and duties within the capacity set by civil law.
Art. 81(4) requires the request for consent and the information about the processing to be written in clear, accessible language that a child can understand, and Art. 81(5) requires record owners to take the measures needed to prevent unlawful processing of children's personal data.
When LexLint raises it
When your app profile says your app serves under-18s or processes personal data.