Note
Disclosure of personal data to third parties and publication
How the Law distinguishes disclosure to specific persons from publication in public sources, when consent is needed, what the rules on self-published data and the ban on "non-purposive extraction" change, and why Kazakhstan law has no familiar "processor" figure.
ConsentTypes of personal dataDisclosure to third partiesKazakhstan and the GDPR
Provisions discussed
- Law No. 94-V (opens in a new tab)Arts 1 (opens in a new tab), 6 (opens in a new tab), 7 (opens in a new tab), 8 (opens in a new tab), 9 (opens in a new tab), 11 (opens in a new tab), 15 (opens in a new tab), 19 (opens in a new tab), 23 (opens in a new tab)alternative source (opens in a new tab)
- Collection and Processing Rules (opens in a new tab)paras 4-1 (opens in a new tab)–4-5 (opens in a new tab), 18 (opens in a new tab)alternative source (opens in a new tab)
- Protection Rules (opens in a new tab)para 15 (opens in a new tab)alternative source (opens in a new tab)
In short
The Law uses two related concepts. Dissemination means transferring personal data or giving access to them to a specific person or group of persons (Art. 1(15)). Dissemination in public sources means giving access to an unlimited number of persons (Art. 1(3-2)). As a general rule, both require the data subject’s consent (Art. 7(6), Art. 15). Without consent, only in the cases of Article 9 and in special situations involving data that have already been published.
Disclosure to third parties
Consent. Transfer to third parties takes place subject to the data subject’s consent (Art. 7(6)). The consent itself must state whether the data may be transferred to third parties and disseminated in public sources (Art. 8(4)(4), (6)). Dissemination beyond the purposes stated at collection requires consent (Art. 15(2); Collection Rules, para 18). Even with consent, dissemination is allowed only if it does not affect the legitimate interests of others (Art. 15(1)).
Without consent. The Law lists such cases in Art. 9: law enforcement and courts, state statistics, ratified international treaties, journalistic and creative activity, publication required by law, certain functions of the financial regulator and tax authorities, and other cases expressly set by laws. There is no general ground such as “legitimate interest”.
Notifying the data subject. Where there is a condition to notify the data subject of a transfer to a third party, the owner or operator does so within ten working days (Art. 19(1)). Exceptions: functions of state bodies, the work of advocates, and statistical, sociological and scientific purposes (Art. 19(2)).
Confidentiality. Anyone who has access to restricted-access data may not disseminate them without consent or another legal ground (Art. 11). Technically, such data are transferred to others over secure channels and/or with encryption, and with consent (Protection Rules, para 15(8)). Transfers through integration of digital objects are also allowed (Art. 23(3)).
Dissemination in public sources
The rules here are more detailed (Art. 7(3)–(5); Collection Rules, paras 4-1–4-4):
- As a general rule, the data subject’s consent is required (para 3).
- If the data subject published the data themselves without giving consent to the operator, everyone who later collects or processes the data bears the burden of proving that this is lawful (para 3-1).
- If publication is required by law, no consent is needed, but data not subject to disclosure must be masked (para 4).
- Further use of data published on these grounds by third parties is allowed with a reference to the source (para 5).
There are also limits. Collecting and processing data to create or expand databases through “non-purposive extraction” from public sources is prohibited (Art. 7(11)). Data collected unlawfully are removed from public sources within one working day at the request of the data subject, a court or an authorised body (Art. 6).
Interpretation. The ban on “non-purposive extraction” looks like a response to mass collection of data from open sources (scraping). But the Law does not draw the line between “purposive” and “non-purposive” extraction. The general principle will probably have to serve as the guide: processing is limited to specific, predetermined and lawful purposes (Art. 7(8)).
No “processor” figure
Kazakhstan law knows the owner, the operator and the third party (Art. 1(9), (10), (17)), but does not single out someone who processes data on behalf of and in the interests of another. A contractor to whom a company passes data (an accounting firm, a cloud provider, a call centre) is formally also a recipient.
Interpretation. Since there is no separate processor regime, it is safer to treat a transfer to a contractor as a transfer to a third party: mention this possibility in the consent (Art. 8(4)(4)) and set out confidentiality and security obligations in the contract. The contractor is itself bound to protect the data — the Law expressly extends protection duties to third parties (Art. 22).
Comparison with the GDPR
| Question | Kazakhstan | GDPR |
|---|---|---|
| Ground for disclosure | As a rule, consent (Art. 7(6), Art. 15) | Any ground under Art. 6, including legitimate interest |
| Processor acting on instructions | No separate figure | Processor; mandatory contract (Art. 28) |
| Publicly available data | Special rules: consent, burden of proof, source reference, ban on non-purposive extraction | Still personal data; an ordinary legal basis is needed |
| Notice of disclosure | Within 10 working days where such a condition exists (Art. 19) | Information about recipients at collection (Arts 13–14) |
Open questions
Open question: is a transfer to a contractor a transfer to a third party? The Law does not distinguish a recipient acting in its own interests from a contractor processing data on instructions. No official regulator position has been found so far.
Open question: what is “non-purposive extraction”? It is unclear whether the ban covers open-data analytics, media monitoring or counterparty checks.
Open question: the “condition to notify”. Article 19 requires notification “where there is a condition to notify” but does not say where that condition must be set: in the consent, a contract or a law.
Still to research
- Regulator guidance on transfers to contractors and within corporate groups.
- The rules on the state and non-state access control services (Arts 8-1, 8-2).
- Court practice on dissemination of personal data in public sources.
All quotations of Kazakhstan legislation are unofficial translations from the Russian text published on Adilet.
Materials
Law of the Republic of Kazakhstan "On Personal Data and Their Protection" (opens in a new tab)
The core statute: definitions, scope, the in-country storage rule (Art. 12) and cross-border transfers (Art. 16). Notification of processing (Art. 10-1) and operator size categories (Art. 25-1) apply from 25 August 2026.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceAutomated processing and AIBreaches and notificationsConsentCross-border transfersTypes of personal dataData subject rightsDeletion and anonymisationDisclosure to third partiesLiabilityData localisationNotification and register of operatorsProcessing principlesProcessing without consentPurpose, scope and retentionRegulator and state supervisionResponsible person and internal policiesScope and key termsTelecommunicationsSecurity measures
Rules on the collection and processing of personal data (Order No. 395/NK of 21 October 2020) (opens in a new tab)
Detailed rules on collection and processing: consent for public dissemination, disclosure and cross-border transfer (para 4-5), a three-working-day deadline to answer data subjects (para 16), irreversible de-identification (paras 20–21), blocking and deletion (para 25).
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceConsentCross-border transfersData subject rightsDeletion and anonymisationDisclosure to third partiesPurpose, scope and retention
Rules on personal data protection measures for owners, operators and third parties (Order No. 179/NK of 12 June 2023) (opens in a new tab)
The main secondary act on protection measures, restated in September 2026: notification, operator size categories and tiered measures, restricted-access data (incl. cryptography), local collection and storage in a server room or data centre in Kazakhstan, the responsible person, and breach notification within one working day.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceBreaches and notificationsTypes of personal dataData localisationNotification and register of operatorsResponsible person and internal policiesSecurity measures
Regulation (EU) 2016/679 (General Data Protection Regulation) (opens in a new tab)
Used for comparison. The GDPR has no general localisation duty: data move freely within the EU (Art. 1(3)), and exports outside the EEA are governed by Chapter V, with the transfer conditions in Arts 44–49.
Open:EUR-Lex (opens in a new tab)official
● Checked 26 October 2026in forceCross-border transfersKazakhstan and the GDPRData localisation