Topics / Lawful processing
06
Purpose, scope and retention
The list of necessary data, use only for stated purposes, retention periods.
Questions
Click a question to see a short answer. The detailed analysis with legal references is in the note below.
How should a company draw up a list of personal data that is necessary and sufficient for its tasks?
The list is drawn up before collection starts — for each company task (hiring, sales, delivery) it states the purpose, only the data the task cannot do without, and the document or rule the task stems from. Unnecessary data are left out and not collected. The list is approved by an internal document and revised when processes change.
More in the note «Purpose, scope and retention of personal data»
How is the retention period determined, and what happens when it expires?
The general rule is to keep data until the purpose is achieved and then destroy or delete them. Where the law sets a mandatory period (for example, employment contracts and personnel files — 75 years, customer due diligence records in finance — at least five years), data are kept for that period and then destroyed or deleted.
More in the note «Purpose, scope and retention of personal data»
Can data be used for a new purpose?
Notes
Note
Three layers of rules on automated decisions: Article 19-1 of the Personal Data Law (prohibited without consent or a statutory basis, right to object with a response within three working days), Article 43 of the Digital Code (explanation and human review) and the 2025 AI Law (prohibited functions, transparency, training data). Plus the 2026 standard on AI in schools: teachers, not systems, decide on grades.
Law stated as of 26 October 2026
Note
Four similar concepts in Kazakhstan law and how they differ; when data must be destroyed or deleted and how fast; when de-identification is required; and how this fits with the right to erasure in the Digital Code and with the GDPR.
Law stated as of 26 October 2026
Note
Article 5 of the Law lists only five principles, phrased as general values. The familiar GDPR principles — purpose limitation, minimisation, storage limitation, accuracy, accountability — also exist in Kazakhstan law but are scattered across other articles and secondary acts. This note maps them in one place.
Law stated as of 26 October 2026
Note
How Kazakhstan law limits the purposes and scope of processing, how the retention period is set and what happens once the purpose is achieved. Also: retention periods for HR documents under the 2025 schedule, and the tension between a one-year retention period for consent forms and the duty to prove consent.
Law stated as of 26 October 2026
Note
What the Labour Code says about personal data: a closed list of documents on hiring, a ban on asking for more, the unified system for recording employment contracts. When an employer needs consent and when the law suffices, how to handle applicants' data, how long to keep HR records and why identity documents should not be photocopied.
Law stated as of 26 October 2026
Materials
Statute
Statute94-VKazakhstan
Парламент Республики Казахстан · 21 May 2013
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
- 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
Secondary legislation
Secondary legislation395/НҚKazakhstan
Министерство искусственного интеллекта и цифрового развития РК · 21 October 2020
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
- Key provisions
- paras 4 (opens in a new tab)–4-5 (opens in a new tab), para 6-3 (opens in a new tab), para 11 (opens in a new tab), para 16 (opens in a new tab), paras 17 (opens in a new tab)–18 (opens in a new tab), paras 20 (opens in a new tab)–21 (opens in a new tab), para 25 (opens in a new tab)
● Checked 26 October 2026in forceConsentCross-border transfersData subject rightsDeletion and anonymisationDisclosure to third partiesPurpose, scope and retention
Secondary legislation279-НҚKazakhstan
Secondary legislation199/НҚKazakhstan