Kazakhstan's Law On Personal Data and Its Protection incorporates a national security and law enforcement exemption, limiting the law's applicability to certain types of data processing activities related to state security and law enforcement.

Text of Relevant Provisions

PDP Article 3(4):

"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."

Analysis of Provisions

Article 3(4) of Kazakhstan's Law On Personal Data and Its Protection explicitly exempts certain data processing activities from the law's scope. This exemption covers

"collection, processing and protection of personal data"

related to:

1. Intelligence activities
2. Counterintelligence activities
3. Operational-search activities
4. Implementation of security measures for protected persons and objects

It's important to note that this exemption is not absolute. The provision specifies that these activities must be conducted

"within the limits established by the laws of the Republic of Kazakhstan."

This suggests that while these activities are exempt from the personal data protection law, they are still subject to other legal constraints and regulations.The rationale behind this exemption is likely to ensure that national security and law enforcement agencies can effectively carry out their duties without being overly constrained by data protection requirements. Such exemptions are common in data protection laws worldwide, reflecting the need to balance individual privacy rights with broader national security interests and public safety concerns.

Implications

This exemption has several implications for businesses and individuals in Kazakhstan:

1. Limited applicability to state actors: The exemption primarily benefits state agencies involved in intelligence, counterintelligence, and law enforcement activities. Private companies generally cannot rely on this exemption for their data processing activities.
2. Potential data sharing: Companies may be required to share personal data with government agencies for purposes covered by this exemption, without being bound by the usual data protection requirements.
3. Reduced transparency: Individuals may have limited rights to access or control their personal data when it's processed under the scope of this exemption.
4. Scope limitations: The exemption only applies to specific activities related to national security and law enforcement. Other government data processing activities would still be subject to the general data protection rules.
5. Legal boundaries: While exempt from the data protection law, these activities are still subject to other laws, potentially providing some safeguards against abuse.

It's crucial for businesses operating in Kazakhstan to understand this exemption, as it may affect their obligations when interacting with law enforcement or intelligence agencies regarding personal data.