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Kyrgyzstan to fine for violations in personal data processing

The State Agency for Protection of Personal Data of Kyrgyzstan proposes amendments to the Code of Offences.

The document states that the digital environment, while having significant potential for the realization of the rights and freedoms of citizens, is at the same time a complex system that is subject to rapid evolution, and in many respects, influencing the lives of ordinary citizens, can lead to risks of violation of their rights. The law on Personal Information was adopted in 2008, which regulates issues related to the work with personal data in order to ensure the protection of human and civil rights and freedoms during their collection, processing and use.

The law provides for liability for non-compliance with the requirements for the protection of personal data, which implies at least administrative sanctions.

However, there are still no norms in the legislation of the country establishing the size of fines.

Therefore, this draft law was developed, which provides for amendments to the Code of Offences.

It is proposed to add an article establishing responsibility for:

  • Collection, processing, use, storage, transfer, including exchange, of personal data without a legal basis;
  • Unreasonable refusal to provide the subject of personal data with information regarding the processing of his or her personal data;
  • Cross-border transfer of personal data in violation of the procedure established by law;
  • Entry of incomplete or inaccurate information into the register of holders (possessors) of personal data arrays, as well as the lack of registration in the register;
  • Violation of the collection, processing and storage of personal data without the use of automation tools.

Fines can reach 100,000 soms.

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