Note

Personal medical data and digital health

The special regime for personal medical data under the Health Code: medical confidentiality and when it may be lifted, the electronic health passport, who may access patient data and when, and Ministry of Health rules on consent, patient notification and storage in Kazakhstan.

Law stated as of
how it is checked
Updated
18 October 2026

ConsentTypes of personal dataData localisationHealthcareSecurity measures

Provisions discussed

In short

Personal medical data are personal data on a person’s health and the medical services provided to them (Health Code, Art. 58(2)). They are covered by medical confidentiality (Art. 273(1)). Data are collected in the course of medical care and transferred to third parties with the patient’s consent, save as provided by law (Art. 60). Details are in the Ministry of Health Rules No. KR DSM-30: processing only for medical care, notifying the patient of every use of their data, storage on servers in Kazakhstan.

Medical confidentiality

Confidentiality covers personal medical data, the fact of seeking medical help, the state of health, the diagnosis and other information obtained during examination and treatment (Art. 273(1)).

  • With consent, the information may be shared for scientific research and teaching (Art. 273(3)).
  • Without consent, only in a closed list of cases (Art. 273(4)), including: treating a person unable to express their will; a threat of spreading dangerous diseases; requests from investigators, prosecutors, lawyers and courts; informing the legal representative of a minor; suspicion that harm to health was caused unlawfully; quality control of medical services; requests from special state bodies; establishing an insured event.
  • Not a disclosure: transferring a backup to the unified backup platform, and digital exchange of information for medical care (Art. 273(5)).
  • Linking to other databases. Digital resources containing personal medical data may not be connected to networks linking them to other databases without the individuals’ consent, save in the cases listed in the law (Art. 273(6)).

Digital health

  • Collection. Data for electronic medical records are collected in the course of medical care, taking into account the patient’s informed consent to receive care (Art. 60(1)).
  • National electronic health passport. Healthcare providers must transfer data to it (Art. 60(2)); this transfer does not require the patient’s consent (Art. 60(4)).
  • Third parties receive data with the patient’s consent, save as provided by law (Art. 60(3)).
  • Copies of identity documents may not be collected, except those of immigrants (Art. 60(1-1)).

Who gets access

With the patient’s consent, access is given to medical and pharmaceutical providers, the fund reimbursing healthcare costs, health authorities and others on a closed list — only to the extent needed for their services (Art. 61(1)). In emergency and urgent care, access is granted by default (Art. 61(2)). The procedure is set by rules on delimiting access rights, which the Ministry of Health agrees with the personal data regulator (Art. 61(4)).

Patients may see their health information in the electronic health passport and the log of access to their data (Art. 61(5)). For analytics, statistics and research, data are used in de-identified form (Art. 61(9)). Information from medical digital resources is used only in the performance of official duties (Art. 62(3)).

Ministry of Health rules

The Rules No. KR DSM-30 specify:

  • consent: in writing, as an electronic document or through the user account on the e-government portal (para 6);
  • purpose: processing solely for providing medical care (para 12);
  • notification: the patient automatically receives messages in the e-government account about every use, change and addition of their data (para 14);
  • research: de-identification (para 15); sharing for research and teaching requires informed consent (para 16);
  • localisation: storage on servers physically located in Kazakhstan (para 19);
  • patient request: an answer or a reasoned refusal within 3 working days (paras 28–29).

Interpretation. Under para 13 of the Rules, corrections to patient data are made within three working days, while the Personal Data Law requires data to be changed within one working day (Art. 25(2)(8)). The Law prevails, so it is safer to work to one working day.

Medical data as restricted-access data

Medical confidentiality is the main example of restricted-access data (see the note “Types of personal data”). It follows that:

Liability

Persons failing to apply protection measures for medical data, resulting in loss or unlawful processing, are liable under the law (Health Code, Art. 61(8)), i.e. under Art. 79 of the Code of Administrative Offences and Art. 147 of the Criminal Code (see the note “Liability for breaches of personal data law”).

Comparison with the GDPR

QuestionKazakhstanGDPR
Status of health dataMedical confidentiality, restricted-access dataSpecial category (Art. 9(1))
Ground for treatmentInformed consent to medical care, lawHealth care under professional secrecy (Art. 9(2)(h), Art. 9(3))
ResearchInformed consent or de-identificationSafeguards under Art. 89, specific grounds under EU or national law
National databaseNational electronic health passport, transfer without consentEuropean Health Data Space (Regulation 2025/327)
Access log for the patientYes (Art. 61(5))Right of access (Art. 15)

Open questions

Open question: apps and wearables. Are fitness apps and services that are not healthcare providers but collect health indicators covered by the Health Code regime?

Open question: linking to other databases. How broadly should the ban in Art. 273(6) be read: does it cover integrating a clinic’s medical system with a CRM, an insurer or a laboratory?

Open question: foreign telemedicine. How can consultations with foreign clinics be reconciled with the duty to store data on servers in Kazakhstan and with the cross-border transfer rules?

Still to research

  • Rules on delimiting access rights of digital health entities (Art. 61(4) of the Code).
  • Rules on personal medical data aggregators (Art. 58(3) of the Code).
  • Enforcement practice against clinics for medical data breaches.

All quotations of Kazakhstan legislation are unofficial translations from the Russian text published on Adilet.

Materials

Statute94-VKazakhstan

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.

Key provisions
Art. 1 (opens in a new tab), Art. 3 (opens in a new tab), Art. 10-1 (opens in a new tab), Art. 12 (opens in a new tab), Art. 16 (opens in a new tab), Art. 25-1 (opens in a new tab), Art. 29 (opens in a new tab)

● 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

Code360-VIKazakhstan

Code of the Republic of Kazakhstan "On Public Health and the Healthcare System" (opens in a new tab)

Personal medical data, the fact of seeking care, health status and diagnosis constitute medical secrecy (Art. 273(1)); Art. 273 lists when they may be disclosed without consent, and Art. 62 covers digital resources with medical data.

Key provisions
Art. 62 (opens in a new tab), Art. 273 (opens in a new tab)

● Checked 26 October 2026in forceTypes of personal dataHealthcare

Secondary legislationҚР ДСМ-30Kazakhstan

Rules on the collection, processing, storage, protection and provision of personal medical data by digital health entities (Order of the Minister of Health No. KR DSM-30 of 14 April 2021) (opens in a new tab)

Patient consent, processing only for medical care, automatic notification via e-government of each use of the data, de-identification for research, storage on servers in Kazakhstan, 3 working days to answer a patient's request.

Key provisions
paras 5 (opens in a new tab)–7 (opens in a new tab), paras 12 (opens in a new tab)–16 (opens in a new tab), para 19 (opens in a new tab), paras 27 (opens in a new tab)–29 (opens in a new tab)

● Checked 26 October 2026in forceHealthcare

Secondary legislation179/НҚKazakhstan

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.

Key provisions
paras 3 (opens in a new tab)–7 (opens in a new tab), paras 8 (opens in a new tab)–14 (opens in a new tab), para 15 (opens in a new tab), para 16 (opens in a new tab), para 18 (opens in a new tab), paras 19 (opens in a new tab)–20 (opens in a new tab), para 23 (opens in a new tab)
In force from
21 September 2026

● Checked 26 October 2026in forceBreaches and notificationsTypes of personal dataData localisationNotification and register of operatorsResponsible person and internal policiesSecurity measures

Code235-VKazakhstan

Code of the Republic of Kazakhstan on Administrative Offences (opens in a new tab)

Article 79 sets administrative fines for personal data violations: unlawful collection or processing, abuse of position, failure to take protection measures, and such failure resulting in loss or unlawful processing. Fines range from 30 to 2,000 MCI.

Key provisions
Art. 79 (opens in a new tab)

● Checked 26 October 2026in forceLiability

Code226-VKazakhstan

Criminal Code of the Republic of Kazakhstan (opens in a new tab)

Art. 147: criminal liability for failure to apply protection measures causing substantial harm, for unlawful collection, processing and dissemination of personal data causing substantial harm, and for violating privacy. Penalties range from fines to up to seven years' imprisonment.

Key provisions
Art. 147 (opens in a new tab)

● Checked 26 October 2026in forceLiability

EU law2016/679EU

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.

Key provisions
Art. 1(3), Art. 44–49

● Checked 26 October 2026in forceCross-border transfersKazakhstan and the GDPRData localisation