Material Applicability Factors

The Law On Personal Data and Its Protection of Kazakhstan contains five key material applicability factors: Personal and Domestic Use Exemption, National Security and Law Enforcement Exemption, State Secrets Exemption, Exemption for Archival Processing, and Sectoral Exceptions Regulated by Other Laws.

Personal and Domestic Use Exemption

PDP Article 3(3)(1):

"This Law does not apply to relations arising when: collection, processing and protection of personal data by subjects solely for personal and family needs, if this does not violate the rights of other individuals and (or) legal entities and the requirements of the laws of the Republic of Kazakhstan"

The exemption applies when data processing is conducted exclusively for personal or family purposes, subject to two conditions:

• No violation of rights of other individuals or legal entities
• Compliance with other Kazakhstan laws

National Security and Law Enforcement Exemption

PDP Article 3(3)(4):

"collection, processing and protection of personal data in the course of intelligence, counterintelligence, operational-search activities, as well as the implementation of security measures to ensure the safety of protected persons and objects within the limits established by the laws of the Republic of Kazakhstan"

This exemption covers:

• Intelligence activities
• Counterintelligence operations
• Operational-search activities
• Security measures for protected persons and objects

State Secrets Exemption

PDP Article 3(3)(3):

"This Law does not apply to relations arising when: collection, processing and protection of personal data classified as state secrets in accordance with the Law of the Republic of Kazakhstan 'On State Secrets'"

The exemption applies to all personal data classified as state secrets, removing such data from the law's scope and placing it under the specialized state secrets legislation.

Exemption for Archival Processing

PDP Article 3(3)(2):

"This Law does not apply to relations arising when: formation, storage and use of documents of the National Archival Fund of the Republic of Kazakhstan and other archival documents containing personal data, in accordance with the legislation of the Republic of Kazakhstan on the National Archival Fund and archives"

This exemption covers:

• Formation of archival documents
• Storage of archival materials
• Use of National Archival Fund documents

Sectoral Exceptions

PDP Article 3(2):

"Features of the collection, processing and protection of personal data may be regulated by other laws and acts of the President of the Republic of Kazakhstan"

This provision allows for sector-specific regulation through:

• Other laws
• Presidential acts