Protection of information about employee’s personal data in the Republic of Kazakhstan

Abstract

The relevance of this study is conditioned by an increase in the number of cases of leakage of personal data of citizens, which indicates a low level of protection of their fundamental rights. The purpose of the study was to analyse the current legislation in the context of ensuring the protection of information about the personal data of an employee in the Republic of Kazakhstan. For this purpose, several methods were used, such as logical, formal legal comparative analysis, and dogmatic method. The norms that are regulated by the Constitution of the Republic of Kazakhstan, the Labour Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Approval of the Rules for the Collection and Processing of Personal Data” were investigated. This provided an opportunity to conduct a comparative legal analysis of the current legislative norms of Kazakhstan and European regulations. It was noted that the legal doctrine of Kazakhstan does not consolidate the fundamental principles that allow settling the issue of collecting, processing, and storing personal data of citizens. In addition, the obligation of the employer and a clear mechanism for maintaining the confidentiality of personal data of employees are not established at the state level. In this regard, recommendations were proposed to improve the current legislation. The practical significance of the results obtained lies in the possibility of using the proposed recommendations to improve the effectiveness of the mechanism for protecting information on personal data of an employee in Kazakhstan, reduce the number of cases of information leakage, and bring legal norms in accordance with international standards