TurkmenistanLaw on Information About Private Life, special categories of personal information
In force since .
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app processing a Turkmen data subject's nationality, skin color, religious attitude, political conviction, health, or intimate-life data must not do so unless the subject has given written consent or another case in the second part of Article 21 applies, such as publicly available data or a medical, justice or membership-organization purpose, and must stop once the reasons for the processing are removed.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does Article 21 reach special-category information, such as information about состояния здоровья ("state of health"), that an app infers from other data rather than collects from the subject?
- Does consent given as an electronic document under Article 8(1) satisfy письменное согласие ("written consent") in the second part of Article 21, given that Article 8(1) names writing and an electronic document as separate forms?
What it makes you log
Logging duty
Article 21 prohibits the collection and processing of special categories of personal information and lists the cases where it is allowed, including the subject's written consent (Article 21(2)(1)). A consent that must be given in writing is a condition of processing, and the article does not ask the operator to keep or produce a record of it. Article 21(4) requires collection and processing to stop at once when the reasons for it are removed. The operator's burden of proving consent (Article 27(2)(6)) sits outside the article this row cites.
- Kind
- None
- As of
What this law does
Article 21 prohibits the collection and processing of special categories of personal information concerning nationality, skin color, attitude toward religion, political convictions, state of health and intimate life, except in the cases listed in its second part. The second part permits collection and processing where the subject has given written consent. The second part permits collection and processing of personal information that is publicly available.
The second part permits collection and processing where health information is needed to protect the life, health or other vital interests of the subject or of other persons and the subject's consent cannot be obtained. The second part permits collection and processing for medical purposes by a health worker who is bound by the legislation of Turkmenistan to keep medical confidentiality.
The second part permits an association or a religious organization to collect and process the personal information of its members, provided it is not disseminated without their written consent. The second part permits collection and processing where it is necessary in connection with the administration of justice. The second part permits collection and processing in operational-search activity and in the enforcement of criminal punishments under the laws of Turkmenistan.
Collection and processing of special categories must stop immediately once the reasons for which they were carried out have been removed. Biometric information is not among the Article 21 categories and is governed by separate provisions.
When LexLint raises it
When your app profile says your app processes personal data.
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