Turkmenistan: Exemption for Archival Processing

The exemption for archival processing in Turkmenistan's data protection law specifies that activities related to the creation, storage, registration, and use of archival documents containing personal data are not governed by the general data protection regulations but by specific archival legislation.

Text of Relevant Provisions

Referenced Provision(s):

*"3. The act of this Law does not apply to relations arising in the following cases:

1. when archival documents containing personal data are created, stored, registered and used in accordance with the legislation on archives and archival work of Turkmenistan;"*

Original (Turkmen):

*"3. Şu Kanunyň hereketi şu halatlarda döreýän gatnaşyklara degişli edilmeýär:

1. Türkmenistanyň arhiwleri we arhiw işi hakynda kanunçylygyna laýyklykda şahsy maglumatlary saklaýan arhiw resminamalary döredilende, saklananda, hasaba alnanda we peýdalanylanda;"*

Analysis of Provisions

The provision in Article 3(3)(2) of the Law on Information in Turkmenistan explicitly states that the law does not apply to the creation, storage, registration, and use of archival documents containing personal data. These activities are governed by the specific legislation on archives and archival work in Turkmenistan.

• Archival Data Exemption: This exemption clearly excludes the processing of personal data within archival documents from the scope of the general data protection law. The creation, storage, registration, and use of archival documents containing personal data are regulated by archival laws, ensuring that such data are managed according to the specialized needs and purposes of archival work.
• Specialized Legislation: Archival documents often hold historical, cultural, or administrative significance, requiring a distinct regulatory framework. The exemption ensures that the management of archival documents adheres to specific laws that address the unique requirements and importance of archival records.

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 serve public interest purposes, such as historical research and cultural preservation, necessitating a distinct set of regulations.

Implications

For businesses and organizations involved in data processing, it is crucial to recognize that personal data contained in archival documents are not subject to the general Law on Information. Instead, these activities must comply with the specific regulations governing archival management.

• Compliance Requirements: Organizations must ensure that their data processing practices involving archival documents align with the relevant archival legislation. This may involve different standards and protocols compared to the general data protection laws.
• Data Handling Practices: Companies need to implement data handling practices that adhere to the archival laws, which might include specific measures for data preservation, access, and usage.
• Legal Accountability: Non-compliance with the specialized archival regulations can lead to significant legal consequences. Organizations need to be vigilant in ensuring that their practices meet the requirements of these specific laws.

In summary, the exemption for archival processing in Turkmenistan’s Law on Information delineates the boundaries of the law’s applicability, ensuring that archival documents are regulated by specialized legislation that addresses their unique needs and significance.