TurkmenistanLaw on Information About Private Life, enforcement
Law No. 519-V (), Arts. 26(1), 28(2), 29, 30, 31, 32
In force since .
An enforcement supervision rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app processing Turkmen personal information must comply with the legislation of Turkmenistan on personal information; a violation entails liability in accordance with the laws of Turkmenistan.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Has the Cabinet of Ministers formed an уполномоченный орган по защите прав субъектов ("authorized body for the protection of the rights of subjects") under Article 28(2), and if not, which state body considers requests on personal information under Article 29(1)?
- Which provisions of the laws of Turkmenistan impose the liability that Article 31 describes as ответственность в соответствии с законами Туркменистана ("liability in accordance with the laws of Turkmenistan")?
What it makes you log
Logging duty
Article 28(2) lets the Cabinet of Ministers set up an authorized body, Article 29 lets state bodies consider requests and take measures against violators, Article 30 charges the Prosecutor General and subordinate prosecutors with supervising compliance, Article 31 says a violation entails liability under the laws of Turkmenistan, and Article 32 provides for appeal. None names a record the operator must keep, and none gives a body a power to demand a record from an operator, so no audit expectation is recorded. Article 26(1)(1), which gives the subject a right to information that includes the retention periods, is a right to information and not a record duty.
- Kind
- None
- As of
What this law does
Article 28 gives the Cabinet of Ministers of Turkmenistan a power, not a duty, to establish an authorized body for the protection of the rights of subjects and to determine its status and powers. Article 29 gives state bodies, within their competence, the power to develop and approve regulations on personal information. Article 29 gives state bodies the power to consider requests from legal and physical persons on personal information and its protection.
Article 29 gives state bodies the power to take measures to hold persons who violate the legislation on personal information liable as the laws of Turkmenistan provide. Article 30 charges the Prosecutor General of Turkmenistan and the prosecutors subordinate to the Prosecutor General with supervising compliance with the Law.
Article 31 is a single sentence providing that a violation of the legislation of Turkmenistan on personal information entails liability in accordance with the laws of Turkmenistan, and it states no fine schedule and names no authority. Article 26 gives the subject the right to protection of the subject's rights and legitimate interests, including compensation of moral and material harm.
Article 32 provides that the actions of the subject, the operator or a third party in collecting, processing and protecting personal information may be appealed in the manner established by the legislation of Turkmenistan. Secondary reporting describes the Cabinet of Ministers and the Prosecutor General's Office as the de facto oversight bodies, with penalties described as very low and practical enforcement as essentially nonexistent.
When LexLint raises it
When your app profile says your app processes personal data.
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