Uzbekistan: Exemption for Archival Processing

The exemption for archival processing in Uzbekistan’s data protection law specifies that activities related to the formation, storage, 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):

"This Law does not apply to relations arising from: 2) the formation, storage and use of documents of the National Archival Fund and other archival documents containing personal data;"

Original (Uzbek):

"Bu Qonun quyidagi hollarda yuzaga keladigan munosabatlarga nisbatan tatbiq etilmaydi: 2) O‘zbekiston Respublikasi Milliy arxiv fondi hujjatlarini va shaxsiy ma'lumotlarni o‘z ichiga olgan boshqa arxiv hujjatlarini shakllantirish, saqlash va ulardan foydalanish;"

Analysis of Provisions

The provision in Article 3(2)(2) of the Law of the Republic of Uzbekistan on Personal Data (LRU-547) explicitly states 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. These activities are governed by specific legislation on archives and archival work in Uzbekistan.

• 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 formation, storage, 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 Personal Data. 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 Uzbekistan’s Law on Personal Data delineates the boundaries of the law’s applicability, ensuring that archival documents are regulated by specialized legislation that addresses their unique needs and significance.