Processing principles

Principles of collecting, processing and protecting personal data, and the purpose of the law.

Questions

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

  1. What principles does the law set out, and how do they differ from those in Article 5 GDPR?

    The law lists five principles — respect for constitutional rights, lawfulness, confidentiality of restricted-access data, equal rights of individuals and companies, and the security of the individual, society and the state. The familiar European principles — purpose limitation, minimisation, storage limitation — are also in the law, but as specific duties: approve a list of necessary data, use it only for stated purposes and delete it once the purpose is achieved.

    More in the note «Principles of personal data processing»

  2. How are the principles applied in practice — are there decisions relying on them?

    No published court or regulator decisions applying the principles on their own have been found so far. Inspections look at specific duties on the inspection checklist; the principles serve mainly as a guide to interpretation.

    More in the note «Principles of personal data processing»

Key provisions

Notes

Materials

Constitution

ConstitutionKazakhstan

Constitution of the Republic of Kazakhstan (adopted by national referendum on 15 March 2026) (opens in a new tab)

The new Constitution, in force from 1 July 2026 in place of the 1995 Constitution (Art. 94). Article 21 for the first time expressly guarantees protection of personal data against unlawful collection, processing, storage and use, including by digital technologies.

Key provisions
Art. 21 (opens in a new tab), Art. 94 (opens in a new tab)
In force from
1 July 2026

● Checked 26 October 2026in forceProcessing principlesScope and key terms

Statute

Secondary legislation

Secondary legislation199/НҚKazakhstan

Rules on determining the list of personal data necessary and sufficient for the owner's or operator's tasks (Order No. 199/NK of 21 June 2023) (opens in a new tab)

How to build the inventory of processed data: analyse tasks before processing, state clear and lawful purposes, exclude excessive data (paras 3–4), make the inventory accessible (para 5); a template is annexed. Purpose limitation and minimisation in practice.

Key provisions
paras 3 (opens in a new tab)–5 (opens in a new tab)

● Checked 26 October 2026in forceProcessing principlesPurpose, scope and retention