Note
Purpose, scope and retention of personal data
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.
Deletion and anonymisationKazakhstan and the GDPRProcessing principlesPurpose, scope and retentionEmployment
Provisions discussed
- Law No. 94-V (opens in a new tab)Arts 7 (opens in a new tab), 8 (opens in a new tab), 12 (opens in a new tab), 14 (opens in a new tab), 15 (opens in a new tab), 18 (opens in a new tab), 25 (opens in a new tab)alternative source (opens in a new tab)
- Data Inventory Rules (opens in a new tab)paras 3 (opens in a new tab)–5 (opens in a new tab)alternative source (opens in a new tab)
- Collection and Processing Rules (opens in a new tab)paras 5 (opens in a new tab), 17 (opens in a new tab)–18 (opens in a new tab)alternative source (opens in a new tab)
- Retention Schedule (opens in a new tab)items 460–467alternative source (opens in a new tab)
- Digital Code (opens in a new tab)Art. 41 (opens in a new tab)alternative source (opens in a new tab)
In short
Processing is limited to specific, predetermined and lawful purposes (Art. 7(8)). Data are used only for previously stated purposes (Art. 14) and collected to the extent “necessary and sufficient” for the tasks (Art. 12(1)). The retention period is defined by the date the purposes are achieved, unless legislation provides otherwise (Art. 12(2)). Mandatory periods for standard documents of organisations are set by the 2025 Retention Schedule (Schedule, item 461).
Purposes
- Purposes must be specific, predetermined and lawful. Processing aimed at causing harm or restricting the subject’s rights is prohibited (Art. 7(8)).
- Data are used only for previously stated purposes (Art. 14; Collection Rules, para 17).
- Dissemination beyond the stated purposes requires consent (Art. 15(2); Collection Rules, para 18).
- In the data inventory, purposes are stated for each task and must be “unambiguous, lawful” (Data Inventory Rules, para 4).
Scope
Collection is limited to data necessary and sufficient for the tasks (Art. 12(1)); excessive data are not processed (Art. 7(9)). The tool is the data inventory that every owner and operator approves (Art. 25(2)(1)):
- before collection the tasks are analysed, and the analysis is repeated as needed (Data Inventory Rules, para 3);
- excessive data are left out of the inventory (para 4);
- access to the inventory is ensured (para 5);
- collection and processing are allowed within the scope of the inventory (Collection Rules, para 5).
More on the inventory in the note “Principles of personal data processing”.
Retention period
The Law sets two levels:
- General rule — the period is defined by the date the purposes of collection and processing are achieved (Art. 12(2)). Once the purpose is achieved, the data are destroyed or deleted (Art. 25(2)(4); Art. 18(1)).
- Otherwise provided by legislation — mandatory retention periods for documents. Where such a period exists, data may not be deleted at the subject’s request; instead, access is restricted and processing suspended (Digital Code, Art. 41(3)).
The term of consent is also tied to the purposes: it may not exceed the time needed to achieve them unless a law or contract provides otherwise, and if no term is stated, consent is valid until the purposes are achieved (Art. 8(5)–(6)).
Retention periods for HR documents
Since July 2025 a new List of standard documents with retention periods has applied, approved by Order of the Minister of Culture and Information No. 279-NK of 17 June 2025. The previous list (Order No. 263 of 2017) is no longer in force. For documents relating to employees’ personal data:
| Item | Documents | Period |
|---|---|---|
| 460 | Internal acts (regulations, instructions) on employees’ personal data | Permanently |
| 461 | Employment contracts | 75 years |
| 462 | Personnel files (for most categories) | 75 years |
| 463 | Employee record cards | 75 years |
| 464 | Documents of rejected applicants | Until no longer needed |
| 467 | Employees’ statements of consent to the processing of personal data | 1 year |
Interpretation. A one-year period for consent statements fits poorly with the operator’s duty to prove consent (Art. 25(2)(5)): employment and processing last for years. The Schedule presumably sets a minimum retention period for the document, not a ban on keeping it longer. It is safer to keep consent for the whole processing period.
Interpretation. “Until no longer needed” for applicants’ documents is, in effect, a reference to the general rule of Article 12(2): once the selection is over, the purpose is achieved, and rejected applicants’ data should be deleted unless there is consent to keep them.
Comparison with the GDPR
| Question | Kazakhstan | GDPR |
|---|---|---|
| Purpose limitation | Specific, predetermined, lawful purposes (Art. 7(8), Art. 14) | Specified, explicit, legitimate purposes (Art. 5(1)(b)) |
| New purpose | Dissemination beyond the purposes only with consent (Art. 15(2)) | A compatible purpose is allowed under the criteria of Art. 6(4) |
| Minimisation | A data inventory in a prescribed form | A principle without a mandatory form (Art. 5(1)(c)) |
| Retention | Until the purposes are achieved; mandatory periods under the Schedule | No longer than necessary for the purposes (Art. 5(1)(e)); periods under national law |
Open questions
Open question: compatible purpose. Can data be used without new consent for a purpose close to the original one, for example service-quality analytics? The Law contains no compatibility test as in the GDPR.
Open question: retention of consent forms. How does a one-year retention period for consent statements fit with the duty to prove consent for the whole processing period?
Open question: backups. Does the duty to delete data once the purpose is achieved extend to backups whose lifetime is set by technical policy?
Still to research
- Retention periods under tax and accounting legislation and how they relate to the Schedule.
- Retention periods for CCTV recordings.
- Regulator practice in checking data inventories.
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 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.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceProcessing principlesPurpose, scope and retention
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
List of standard documents of state and non-state organisations with retention periods (Order No. 279-NK of 17 June 2025) (opens in a new tab)
Retention periods for standard documents of any organisation. For HR: internal personal data policies — permanently; employment contracts and personnel files — 75 years; documents of rejected applicants — until no longer needed; employees' consent forms — 1 year.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forcePurpose, scope and retentionEmployment
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
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