Kazakhstan: State Secrets Exemption under the Law on Personal Data and Its Protection

The State Secrets Exemption in Kazakhstan's data protection framework exempts the processing of personal data classified as state secrets from the general obligations imposed by the Law on Personal Data and Its Protection.

Text of Relevant Provisions

Law on Personal Data and Its Protection Art.3(3)(3):

"This Law does not apply to relations arising when:3) collection, processing, and protection of personal data classified as state secrets in accordance with the Law of the Republic of Kazakhstan “On State Secrets”;"

Original (Language):

"Действие настоящего Закона не распространяется на отношения, касающиеся случаев обработки персональных данных:3) отнесенных в установленном порядке к государственным секретам."

Analysis of Provisions

• State Secrets Exemption: The exemption provided by Article 3(3)(3) explicitly states that the Law on Personal Data and Its Protection does not apply to personal data that has been classified as state secrets. This exemption applies to all stages of data handling, including collection, processing, and protection, ensuring that data related to national security is governed by a separate legal framework, specifically the Law on State Secrets.
• Rationale and Scope: The rationale for this exemption lies in the sensitivity and critical nature of state secrets, which necessitates specialized legal treatment beyond the general data protection regulations. This allows the government and relevant authorities to manage state-related data with the necessary confidentiality and security measures that are tailored to national security concerns.
• Legal Separation: By exempting state secrets from the broader data protection law, the regulation maintains a clear distinction between data that can be publicly regulated and data that must be controlled under stricter national security laws. This separation ensures that the general principles of data protection do not interfere with or compromise the handling of sensitive government information.

Implications

• For Businesses: Entities that process data classified as state secrets must be aware that such activities are not subject to the general requirements of Kazakhstan's data protection law. Instead, they must comply with the specific regulations set forth in the Law on State Secrets. This creates a unique compliance environment where businesses involved in national security or related sectors must be particularly vigilant in adhering to the stricter and more specialized requirements.
• Compliance Considerations: Companies dealing with data that might be classified as state secrets should seek specialized legal guidance to ensure they fully understand and comply with the relevant security laws. Misclassification or mishandling of such data could result in significant legal consequences, given the heightened sensitivity of state secrets.