The personal and domestic use exemption is explicitly included in Kazakhstan's data protection law, limiting its scope of applicability to exclude certain personal and family-related data processing activities.

Text of Relevant Provision

Law on Personal Data and Its Protection, Article 3(3)(1):

"This Law does not apply to relations arising when: 1) 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;"

Analysis of Provision

The provision clearly establishes a personal and domestic use exemption from the application of Kazakhstan's data protection law. This exemption applies when three conditions are met:

1. The data processing is carried out "solely for personal and family needs"
2. It does not violate the rights of other individuals or legal entities
3. It complies with the requirements of Kazakhstan's laws

The exemption is designed to balance the need for data protection with the practical realities of everyday life. Lawmakers typically include such exemptions to avoid over-regulation of personal activities that pose minimal risk to data subjects' privacy rights.

The phrase "solely for personal and family needs" suggests a narrow interpretation of the exemption. It implies that the data processing must be exclusively for private, non-commercial purposes related to an individual's personal or family life.

The additional conditions that the processing must not violate others' rights and must comply with other laws serve as safeguards to prevent abuse of this exemption.

Implications

This exemption has several implications for individuals and businesses:

1. Individuals: Personal activities such as maintaining a family photo album, keeping a personal diary, or creating a contact list for friends and family would likely fall under this exemption.
2. Businesses: The exemption does not apply to companies processing personal data, even if it's for the personal use of their employees or customers. For example:
   • A social media platform allowing users to share personal photos would still need to comply with the data protection law, as the platform itself is not processing data solely for personal and family needs.
   • A company maintaining an employee directory would not be exempt, as this is not solely for personal and family needs.
3. Grey areas: There may be situations where the application of this exemption is less clear:
   • An individual running a small home-based business might need to carefully consider whether their data processing activities fall under this exemption or require compliance with the full law.
   • Personal blogs or social media accounts that gain a large following might transition from purely personal use to a more public or commercial nature, potentially losing the benefit of this exemption.

It's important to note that even when the exemption applies, individuals are still bound by the condition not to violate others' rights, which may include privacy rights protected under other laws.