KazakhstanCode of Administrative Offences, personal data violations
Code of the Republic of Kazakhstan on Administrative Offences No. 235-V (2014), Art. 79
In force since , effective .
An enforcement supervision rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app processing Kazakhstani personal data may be investigated by the Ministry of Artificial Intelligence and Digital Development's Committee for Information Security and fined under Code of Administrative Offences Art. 79 for unlawful collection or processing, separately from the Personal Data Law itself. An individual harmed may also seek compensation for moral and material damage under Art. 24(1)(7), though this is not framed as a dedicated statutory cause of action.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does "loss" in Article 79(4) of the Code of Administrative Offences, which fines an act under part three "which resulted in loss, illegal collection and (or) processing of personal data", mean loss of the personal data itself, or loss suffered by a data subject?
- Does "using his/her official position" in Article 79(2) reach a private owner, operator or third person who holds no public office, or only a person acting in an official capacity?
What it makes you log
Logging duty
Article 79 sets fines for illegal collection or processing of personal data and for non-compliance with measures to protect it. It is a penalty provision and states no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Art. 79 of the Code of Administrative Offences, not the Personal Data Law itself, sets the fine schedule for a breach of Kazakhstan's personal-data legislation, starting at thirty monthly calculation indices for individuals for illegal collection or processing of personal data and scaling up by entity type. The Code was adopted and entered into force (Art. 920).
Article 79's fine schedule has since been amended four times; the most recent, Law No. 155-VIII, raised the amounts and took effect . The Ministry of Artificial Intelligence and Digital Development (formed ) and its Committee for Information Security are the competent authority; the Personal Data Law creates no private right of action and instead gives the subject a general civil-damages right at Art. 24(1)(7). A separate AI-specific fine article and a Criminal Code backstop also exist.
When LexLint raises it
When your app profile says your app processes personal data.
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