TajikistanLaw on the Protection of Personal Data, comprehensive regime
Law No. 1537 (), Arts. 1-3, 5, 8-9
In force since .
A comprehensive regime rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app that collects or processes the personal data of individuals in Tajikistan must obtain the subject's consent, limit processing to a specific, predetermined, lawful purpose, and notify the subject of the data collected about them with a right to correction.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does Article 5's condition that collection and processing take place "при наличии сертификата соответствия уполномоченного государственного органа по защите персональных данных и информационной безопасности" ("in the presence of a certificate of conformity of the authorized state body for personal data protection and information security") apply to every possessor and operator, and which body issues the certificate, given that Article 6 leaves the determination of that body to the President?
- Article 8 allows collection and processing without the subject's consent in "случаев, предусмотренных статьей 9 настоящего Закона" ("cases provided for by Article 9 of this Law"), while Article 9 divides data into "общедоступные и ограниченного доступа" ("publicly available and restricted-access") and Article 12 separately lists processing without consent; which of these governs a private operator that collects publicly available personal data?
What it makes you log
Logging duty
Articles 1 to 3, 5 and 8 to 9 define the terms, set the scope, require a conformity certificate from the authorized body before collection and processing (Article 5), and require consent subject to the Article 9 exceptions (Article 8). None of them requires a log, a register or proof of anything to be kept. Article 3 states the subject matter and the exclusions and has no territorial clause. Article 25, which this row does not cite, requires the possessor, operator and third party to produce evidence of the subject's consent where legislation provides and to take measures that detect unauthorized access in good time.
- Kind
- None
- As of
What this law does
Law No. 1537 binds the possessor (обладатель), operator (оператор), and third party (третье лицо) generally, terms not confined to private actors.
Art. 8 requires the subject's consent, or their legal representative's, for collection and processing, subject to Art. 9's exceptions, not set out article by article here; processing must be limited to specific, predetermined, lawful purposes, proportionate and accurate, with the subject notified of data collected about them and given a correction right. Art. 3 exempts purely personal or family-use processing that does not infringe others' rights.
Art. 27 provides that the Law is brought into force after its official publication, rather than on a fixed post-signature delay; the Ministry of Justice's own legal acts portal records the document's start of effect as , the same day it was signed. The Law's own gazette citation (Akhbori Majlisi Oli of the Republic of Tajikistan issue and item number) is not found in the primary text and is not asserted here.
When LexLint raises it
When your app profile says your app processes personal data.
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