Note
Personal data of employees and job applicants
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.
ConsentTypes of personal dataProcessing without consentPurpose, scope and retentionEmployment
Provisions discussed
- Labour Code (opens in a new tab)Arts 6 (opens in a new tab), 16 (opens in a new tab), 22 (opens in a new tab), 23 (opens in a new tab), 25 (opens in a new tab), 32 (opens in a new tab)alternative source (opens in a new tab)
- Law No. 94-V (opens in a new tab)Arts 7 (opens in a new tab), 8 (opens in a new tab), 9 (opens in a new tab), 12 (opens in a new tab), 24 (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)
In short
The Labour Code has almost no rules of its own on personal data and refers to the general Law. Employers must collect, process and protect employee data “in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection” (Art. 23(2)(24)). Employees have a right to the protection of their data (Art. 22(1)(24)). The most practical rule in the Code is the closed list of documents required on hiring (Art. 32): employers may not ask for other documents unless a regulation provides for it.
Hiring
An employment contract requires (Art. 32(1)):
- an identity card or passport (for foreigners, a residence permit or another document);
- a document on education or special knowledge, if the job requires it;
- a document recognising professional qualifications (if any);
- a document confirming previous employment, for those with work experience;
- a document on a preliminary medical examination, where one is mandatory.
Additional documents apply in some cases:
- for work with minors in education, health, sport, culture and social services, a certificate on the presence or absence of records of certain criminal offences (Art. 32(2));
- for certain positions, the employer itself checks records of corruption offences through digital systems (Art. 32(3));
- for a second job, a certificate from the main employer (Art. 32(4)).
Employers may not require documents not listed in Art. 32, except where regulations so provide (Art. 32(6)). If an employee leaves originals with the employer, the employer gives a written undertaking to return them (Art. 32(7)).
Interpretation. Art. 32(6) is in effect a data minimisation rule for hiring (compare Art. 12(1) of the Personal Data Law). Application forms asking about marital status, children, relatives or previous salaries are hard to justify: such information may at most be requested voluntarily, with consent and without consequences for refusing. Moreover, pregnancy and having children under three may not restrict the conclusion of an employment contract (Art. 25(2)), and discrimination at work is prohibited (Art. 6).
Copies of identity documents
The Personal Data Law prohibits collecting and processing paper copies of identity documents. The exceptions are: there is no integration with state digital objects, the person cannot be identified by technological means, or a law provides otherwise (Art. 7(10)). Documents from the digital documents service do not fall under these exceptions (ibid.).
Interpretation. The habit of HR departments to photocopy identity cards for the personnel file now needs to be justified by one of the exceptions. It is safer to check the document on hiring and record only the necessary details in the file.
Grounds for processing: law or consent
The Personal Data Law has no “performance of an employment contract” ground (see the note “Processing personal data without consent”). Therefore:
- without consent, employers process data the employee is obliged to provide by law (Art. 9(8); Art. 24(2)) and data needed for the employer’s direct statutory duties (Art. 9(10)): taxes, pension contributions, compulsory social insurance (Labour Code, Art. 23(2)(14)), entering employment contract details into the unified system for recording employment contracts (Labour Code, Art. 23(2)(27));
- with consent, everything else: photos on the website, relatives’ data, background checks of applicants, sharing data within a group of companies or abroad, biometric office access.
The authorised labour body ensures the confidentiality of data in the unified system (Labour Code, Art. 16(41-7)). Employees may obtain information on their employment contract and work history from the system (Labour Code, Art. 22(1)(25)).
Interpretation. A blanket consent obtained from employees on hiring fits poorly with the requirement that purposes be specific and predetermined (Personal Data Law, Art. 7(8)). It is better to separate what is processed under the law (without consent) from what is processed with consent, listing the purposes. On whether employees’ consent is freely given, see the note “Consent to the collection and processing of personal data”.
Job applicants
- What may be collected: only what is needed to assess the applicant for the specific position.
- Background checks (references, open-source checks) require consent: there is no legitimate interest ground.
- Retention: documents of rejected applicants are kept “until no longer needed” (Retention Schedule, item 464). As a rule this means deletion once the selection is over, unless the applicant consented to a talent pool (see the note “Purpose, scope and retention of personal data”).
Retention of HR records
Under the 2025 Retention Schedule (items 460–467): internal acts on employees’ personal data are kept permanently; employment contracts, personnel files and record cards for 75 years; employees’ consent statements for 1 year. The full table and the conflict with the duty to prove consent are in the note “Purpose, scope and retention of personal data”.
Special employee data
- Medical information (medical examination results, sick notes) is covered by medical confidentiality and is restricted-access data; see the note “Personal medical data and digital health”.
- Biometrics (face or fingerprint access) is restricted-access data; consent and enhanced protection measures are required.
- Criminal records are requested only in the cases of Art. 32(2)–(3) of the Labour Code.
Comparison with the GDPR
| Question | Kazakhstan | GDPR |
|---|---|---|
| Specific employment rules | Almost none; reference to the general Law | Member States may adopt specific rules (Art. 88) |
| Ground for HR data | Law or consent | Performance of a contract, legal obligation (Art. 6(1)(b), (c)); employee consent is considered doubtful because of the imbalance of power |
| Documents on hiring | Closed list in Art. 32 of the Labour Code | Data minimisation (Art. 5(1)(c)) |
| Employee monitoring | No specific rules | Legitimate interest with a proportionality assessment, often a DPIA (Art. 35) |
Open questions
Open question: CCTV and monitoring. On what ground does an employer run CCTV, monitor corporate email and work computers? The Law has no legitimate interest ground, and employee consent is questionable given employees’ dependence on the employer.
Open question: group HR systems. If HR data are kept in a shared HR system of an international group abroad, how can localisation (Art. 12(2)) and the cross-border transfer rules (Art. 16) both be complied with?
Open question: an employee’s refusal. What if an employee refuses to consent to processing of data that the job needs but the law does not expressly require?
Still to research
- Rules on submitting information to the unified system for recording employment contracts.
- Practice of labour inspectors and the regulator regarding employee data.
- Rules on employee medical examinations and keeping their results.
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
Labour Code of the Republic of Kazakhstan (opens in a new tab)
The Code says little about employee data: employees have a right to protection of their data (Art. 22), employers must process it under personal data law (Art. 23(2)(24)) and report contracts to the unified system (Art. 23(2)(27)). Only documents listed in Art. 32 may be required on hiring.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceProcessing without consentEmployment
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
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
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