Kazakhstan: Exemption for Archival Processing

The exemption for archival processing in Kazakhstan is used to determine the scope of the applicability of the Law On Personal Data and Its Protection. This factor excludes data processing activities related to the creation, storage, registration, and use of archival documents containing personal data from the general data protection regulations.

Text of Relevant Provisions

Referenced Provision(s):

*"3. This Law does not apply to relations arising when:

1. 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;"*

Original (Kazakh):

*"3. Осы Заң келесі жағдайларда туындайтын қатынастарға қолданылмайды:

1. Қазақстан Республикасының Ұлттық архивтік қорының және жеке деректері бар басқа да архивтік құжаттардың қалыптастырылуы, сақталуы және пайдаланылуы, Қазақстан Республикасының Ұлттық архивтік қоры және архивтер туралы заңнамасына сәйкес;"*

Analysis of Provisions

The provision in Article 3(3)(2) of the Law On Personal Data and Its Protection specifies that the law does not apply to the formation, storage, and use of documents in the National Archival Fund and other archival documents containing personal data, as regulated by specific legislation on archives. This means that archival documents are governed by a different legal framework, ensuring that their handling complies with specialized regulations designed for archival management.

• Archival Data Exemption: The law explicitly states that it does not cover the processing of personal data within the scope of archival activities. The formation, storage, and use of archival documents containing personal data fall under the legislation related to the National Archival Fund.
• Specialized Legislation: The archival data are governed by the legislation on the National Archival Fund and archives, indicating that these activities require a different regulatory approach. This ensures that archival documents, which might have historical, cultural, or administrative significance, are managed in accordance with rules that address their specific nature and importance.

The rationale behind this exemption is to balance the protection of personal data with the need to preserve and manage archival documents effectively. Archival documents often serve public interest purposes, such as historical research and cultural preservation, which necessitates a distinct regulatory framework.

Implications

For businesses and organizations involved in data processing, it is crucial to understand that personal data contained in archival documents are not subject to the general data protection law. Instead, they must adhere to the specific regulations governing archival management.

• Compliance Requirements: Organizations must ensure that their archival data processing practices comply with the relevant archival legislation. This may involve different standards and requirements compared to the general data protection laws.
• Data Handling Practices: Companies must implement data handling practices that align with the archival laws, which might include specific measures for data preservation, access, and usage.
• Legal Accountability: Failure to comply with the specialized archival regulations can result in legal consequences. Organizations need to stay informed about the archival laws and ensure that their practices meet these specific requirements.

In summary, the exemption for archival processing in Kazakhstan’s Law On Personal Data and Its Protection delineates the boundaries of the law’s applicability, ensuring that archival documents are regulated by specialized legislation that addresses their unique needs and significance.