Automated processing and AI

Rules on automated processing and decisions made without human involvement; links to the AI law.

Questions

Click a question to see a short answer. The detailed analysis with legal references is in the note below.

  1. When are decisions based solely on automated processing allowed?

    If automated processing creates, changes or ends a person's rights — only with their consent or in cases set by law. The person must be told how the processing works and what it may lead to, and be able to object; an objection is considered within 3 working days. The Digital Code adds a right to an explanation of the key factors behind the decision and to its review by a human.

    More in the note «Automated processing and artificial intelligence»

  2. How does personal data law relate to Kazakhstan's 2025 AI Law?

    The AI Law expressly refers decisions based on automated processing of personal data to personal data legislation. It adds a ban on certain functions (social scoring, emotion recognition without consent, unlawful data processing), informing people about the use of AI, labelling of generated content and risk management.

    More in the note «Automated processing and artificial intelligence»

  3. What are the risks of training AI models on personal data?

    Training needs a legal ground — usually consent — and a purpose stated in advance; using data collected for another purpose is problematic. Mass extraction of data from open sources is prohibited. If training happens in an external service abroad, it is also a cross-border transfer, so it is safer to de-identify data beforehand.

    More in the note «Automated processing and artificial intelligence»

Key provisions

Notes

Materials

Statute

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

Statute230-VIIIKazakhstan

Law of the Republic of Kazakhstan "On Artificial Intelligence" (opens in a new tab)

Kazakhstan's first AI law: risk and autonomy levels, prohibited functions (including unlawful processing of personal data and emotion recognition without consent), transparency and training data. Automated decisions are left to personal data law (Art. 21(4)).

Key provisions
Art. 7 (opens in a new tab), Art. 10 (opens in a new tab), Art. 16 (opens in a new tab), Art. 17 (opens in a new tab), Art. 21 (opens in a new tab), Art. 27 (opens in a new tab)

● Checked 26 October 2026in forceAutomated processing and AI

Secondary legislation

Secondary legislation283-НҚKazakhstan

Standard on the use of artificial intelligence in secondary education of the Republic of Kazakhstan (Order of the acting Minister of Education No. 283-NK of 28 September 2026) (opens in a new tab)

A sector act on AI in schools with express rules on pupils' data: school staff, not the system, decide on grades and discipline (para 4); materials are anonymised before being passed to third-party AI services (para 5); no demanding a pupil's full prompt history (para 8).

Key provisions
paras 4 (opens in a new tab)–6 (opens in a new tab), para 8 (opens in a new tab), para 11 (opens in a new tab), paras 14 (opens in a new tab)–16 (opens in a new tab)

● Checked 26 October 2026in forceAutomated processing and AI