Criminal Code, offences against private life and personal data
Criminal Code of the Republic of Kazakhstan No. 226-V (), Art. 147
In force since .
An enforcement supervision rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app that collects, processes or discloses the personal data of individuals in Kazakhstan faces criminal liability under Criminal Code Art. 147 where it fails to take the personal data protection measures it is bound to take and that failure causes significant harm to a person's rights and legitimate interests, where it unlawfully collects information on a person's private life without consent, or where it unlawfully disseminates such information. The penalties run from fines to imprisonment of up to seven years, and the Code of Administrative Offences Art. 79 fines apply only where the act carries no signs of a criminal offense.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What it makes you log
Logging duty
Article 147 defines offences and their punishments for non-compliance with personal data protection measures and for unlawful collection or dissemination. It states no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Article 147(1) of the Criminal Code punishes non-compliance with personal data protection measures by a person bound to take them, where it causes significant harm to the rights and legitimate interests of persons, with a fine of up to three thousand monthly calculation indices or a restriction or deprivation of liberty.
Article 147(2) punishes illegal collection of information on a person's private life without consent, or illegal collection or processing of other personal data that causes significant harm, with a fine of up to five thousand monthly calculation indices or a restriction or deprivation of liberty. Article 147(4) punishes illegal dissemination of such information or data with imprisonment of three to six years. The Code is in force from (Art. 467).
When LexLint raises it
When your app profile says your app processes personal data.
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