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Personal data in the Republic of Kazakhstan: problems of ensuring confidentiality in the context of digitalization

Annotation:

This article discusses the issues of ensuring the confidentiality of personal data in the context of the development of the information society. The purpose of the article is to study the problems of ensuring the confidentiality of personal data in the Republic of Kazakhstan in the conditions of digitalization of the economy and society. The methodological basis of this research is based on General scientific methods: philosophical, dialectical, synergetic, inductive, deductive, method of analysis and synthesis, formalization, analogy, materialistic and empirical methods that ensure the integrity and balance of research, as well as a formal legal method that allowed an adequate analysis of the content of the personal data protection system in foreign countries and Kazakhstan. The processes of globalization, information openness and digitalization have set a number of tasks aimed at solving the problems of ensuring information security while maintaining a balance of interests of the individual, society and the state. In this regard, the problems of ensuring the security of personal data turnover on the Internet, today, is relevant for science and law enforcement practice. The current legislation of the Republic of Kazakhstan on personal data does not pay enough attention to issues related to the processing of personal data in information systems. Improving the legislation of the Republic of Kazakhstan in the field of ensuring the security of personal data processing on the Internet is relevant in the framework of implementing the provisions of the Cybersecurity concept («Cyber shield of Kazakhstan»). However, national legislation does not provide specific guarantees against unauthorized collection of personal data. The current legislation of the Republic of Kazakhstan in this sphere of relations contains a number of legislative decisions, but there are legal errors that require timely adjustments, taking into account the borrowing of progressive experience of foreign countries. Special attention in this article is on the study of contemporary threats of violations of personal data, and provided ways to protect them. The authors conclude that, despite the fact that the law of the Republic of Kazakhstan «On personal data and their protection» sets requirements for the procedure for ensuring the confidentiality of personal data, at the same time they are general in nature and need further specification. In addition, there are a number of significant aspects that are directly related to ensuring the confidentiality of personal data, which have not yet received their proper legal regulation.

Open article
Year of release: 2020
Number of the journal: 3(79)
Heading: Law