Note
Data subject rights
What rights data subjects have under the Personal Data Law and the Digital Code, how quickly the operator must respond (from one to fifteen working days), how a request is made and where to complain. A summary table of deadlines and a comparison with the GDPR, noting the absence of data portability and a general right to object.
ConsentData subject rightsDeletion and anonymisationLiabilityKazakhstan and the GDPRRegulator and state supervision
Provisions discussed
- Law No. 94-V (opens in a new tab)Arts 10 (opens in a new tab), 13 (opens in a new tab), 19 (opens in a new tab), 19-1 (opens in a new tab), 24 (opens in a new tab), 25 (opens in a new tab), 27-1 (opens in a new tab), 30 (opens in a new tab)alternative source (opens in a new tab)
- Collection and Processing Rules (opens in a new tab)paras 13 (opens in a new tab), 15 (opens in a new tab)–16 (opens in a new tab), 24 (opens in a new tab)–25 (opens in a new tab)alternative source (opens in a new tab)
- Digital Code (opens in a new tab)Arts 37 (opens in a new tab), 41 (opens in a new tab)alternative source (opens in a new tab)
- Administrative Procedure Code (opens in a new tab)Art. 76 (opens in a new tab)alternative source (opens in a new tab)
- Code on Administrative Offences (opens in a new tab)Art. 79 (opens in a new tab)alternative source (opens in a new tab)
In short
The main list of data subject rights is in Art. 24 of the Law: to know whether one’s data are held and receive information about them; to demand rectification, blocking, anonymisation, destruction or deletion; to withdraw consent; and to protect one’s rights, including claiming compensation. The operator’s corresponding duties and short deadlines are in Art. 25(2) and the Collection Rules, para 16. The Digital Code adds a general right to deletion, anonymisation and restriction of processing “regardless of the ground on which they were obtained” (Art. 41(1)).
Rights of the data subject
| Right | Provision | What it means |
|---|---|---|
| To know and receive information | Art. 24(1)(1); Collection Rules, para 15 | Confirmation of processing, purposes, sources, methods, list of data, processing and retention periods |
| To access data free of charge | Art. 25(2)(9) | The operator must allow the subject to see their data at no cost |
| Rectification and completion | Art. 24(1)(2); Art. 13 | Where there are grounds confirmed by documents |
| Blocking or anonymisation | Art. 24(1)(3) | Where there is information that the conditions of collection and processing were breached |
| Destruction or deletion | Art. 24(1)(4) | Where data were collected or processed unlawfully, and in other cases |
| Deletion, anonymisation, restriction | Digital Code, Art. 41 | Regardless of the ground for obtaining the data, with exceptions |
| Withdrawal of consent | Art. 24(1)(5) | See the note “Consent to the collection and processing of personal data” |
| To give or refuse consent to publication | Art. 24(1)(6) | Dissemination in public sources |
| To object to automated processing | Art. 19-1(2) | See the note on automated processing |
| To be informed of a transfer to a third party | Art. 19(1) | Only where such a condition has been agreed (for example, in the consent) |
| Protection and compensation | Art. 24(1)(7) | For non-pecuniary and pecuniary damage |
The Digital Code frames the rights more broadly: access to data, control, deletion, restriction of processing, and information on the purposes, legal grounds and methods of processing (Art. 37(4)). The rights are exercised once the identity of the subject or the authority of their representative is confirmed (Art. 37(5)).
How a request is made
A request is submitted to the owner or operator in writing, as an electronic document “or in another way using elements of protective actions” (Art. 10(2); Collection Rules, para 15). Overseeing the receipt and handling of requests is a duty of the person responsible for organising processing (Art. 25(3)(3)).
Response deadlines
| Operator’s action | Deadline | Provision |
|---|---|---|
| Rectify or complete data on the basis of documents (or delete them if rectification is impossible) | 1 working day | Art. 25(2)(8) |
| Block data where there is information about a breach | 1 working day | Art. 25(2)(8) |
| Destroy or delete once a breach is confirmed; unblock if it is not confirmed | 1 working day | Art. 25(2)(8) |
| Provide information about the subject’s data or a reasoned refusal | 3 working days | Collection Rules, para 16 |
| Consider an objection to automated processing | 3 working days | Art. 19-1(3) |
| Notify of a transfer to a third party (where agreed) | 10 working days | Art. 19(1) |
| Stop processing after withdrawal of consent or give a reasoned refusal | 15 working days | Art. 8(7) |
Interpretation. One working day is among the shortest deadlines in the world for such requests. In practice it is realistic only if requests feed into a well-established process: an assigned handler, response templates and access to systems. For comparison, the GDPR allows one month.
The right to deletion under the Digital Code
The owner of a digital object must comply with a request for deletion, anonymisation or restriction in the manner established by personal data legislation (Art. 41(2)). Where a mandatory retention period applies, access is restricted and processing suspended instead of deletion (Art. 41(3)). The request is not complied with where the data are needed, in particular, to protect the rights of third parties, to deal with offences, for justice, for a public interest expressly set by law, or for state functions (Art. 41(4); Collection Rules, para 25). More in the note “Deletion, destruction, de-identification and anonymisation”.
Where to complain
- The regulator. The subject may ask the regulator to inspect the operator (Collection Rules, para 24). The regulator considers complaints about whether the content of the data and the processing methods match the purposes, and takes a decision (Art. 27-1(3)). The deadline is 15 working days, extendable to no more than two months (Administrative Procedure Code, Art. 76(1), (3)).
- The courts. Actions of the owner, operator and third party may be challenged, and disputes are resolved, in the manner established by law (Art. 30). Compensation for non-pecuniary and pecuniary damage may be claimed in court (Art. 24(1)(7)).
- Administrative liability. The regulator takes measures to hold violators liable (Art. 27-1(4)). Fines for unlawful collection and processing and for failure to apply protection measures are in Art. 79 of the Code of Administrative Offences.
Comparison with the GDPR
| Right | Kazakhstan | GDPR |
|---|---|---|
| Access | Information on processing within 3 working days; free access | Copy of data and information on processing (Art. 15) |
| Rectification | 1 working day, on the basis of documents | Without undue delay (Art. 16) |
| Erasure | Where the law was breached (Art. 24); on request under Digital Code Art. 41 | List of grounds and exceptions (Art. 17) |
| Restriction | Blocking in case of a breach; restriction under Digital Code Art. 41 | Art. 18 |
| Portability | None | Art. 20 |
| Objection | Only to automated processing (Art. 19-1) | General right, including to direct marketing (Art. 21) |
| General response time | 1–15 working days depending on the action | One month, extendable by two more (Art. 12(3)) |
| Complaint to the regulator | The regulator, 15 working days | Supervisory authority (Art. 77) |
Open questions
Open question: a copy of the data. The Law speaks of the right to “know”, “receive information” and “access”. May the subject obtain a copy of the data themselves, such as an export, rather than only a description of what is processed?
Open question: “elements of protective actions”. Besides a written or electronic document, what counts as an acceptable way to submit a request: an email, an in-app form, a support chat?
Open question: two deletion regimes. How does Art. 24 of the Law (deletion where the law was breached) relate to Digital Code Art. 41 (deletion on request regardless of the ground)? Does the one-day deadline of Art. 25 apply to requests under Art. 41?
Still to research
- Regulator practice on data subjects’ complaints and typical decisions.
- Case law on compensation for non-pecuniary damage for personal data violations.
- How rights are exercised through the state access control service.
All quotations of Kazakhstan legislation are unofficial translations from the Russian text published on Adilet.
Materials
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.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● 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
Rules on the collection and processing of personal data (Order No. 395/NK of 21 October 2020) (opens in a new tab)
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
● Checked 26 October 2026in forceConsentCross-border transfersData subject rightsDeletion and anonymisationDisclosure to third partiesPurpose, scope and retention
Digital Code of the Republic of Kazakhstan (opens in a new tab)
The new code on the digital environment. Key for data protection: the concept of a "digital object" (Art. 20), now used in the Personal Data Law, and the right to erasure, anonymisation and restriction (Art. 41). In force six months after publication on 10 January 2026.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceData subject rightsDeletion and anonymisationScope and key terms
Administrative Procedural and Process Code of the Republic of Kazakhstan (opens in a new tab)
General procedure for handling applications by state bodies. The regulator handles data subjects' complaints under it: 15 working days, extendable by no more than two months (Art. 76(1), (3)).
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
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.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
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.
Open:EUR-Lex (opens in a new tab)official
● Checked 26 October 2026in forceCross-border transfersKazakhstan and the GDPRData localisation