PROBLEMS OF EXECUTION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON PERSONAL DATA: RISKS FOR THE EMPLOYER
DOI:
https://doi.org/10.52026/2788-5291_2024_77_2_111Keywords:
protection, personal data, employer, employee, collection, processing, confidentiality, illegal distribution, information, responsibilityAbstract
The article represents the analysis of the problems related to the legislative execution on personal data of employees by an employer. The research leads to conclusions about the paramount importance of a proper understanding of personal data term in order to avoid its illegal processing, which in turn, creates the risks of bringing the employer to legal responsibility, thereby posing the task of legal science to determine reasonable boundaries for the personal data processing. The problem of applying the legislation on personal data is being exacerbated by a lack of lucid comprehension of what information can be attributed to personal data itself, since the legislation of the Republic of Kazakhstan does not constitute such a list. A common provision is that personal data can include any information related to a particular person, per se the information which identifies an individual.
The aim of the study is to determine within which framework the employer should process the employee's personal data in order to prevent its disclosure, taking into account the provisions of the legislation on access to information.
The authors of the article reveal the answer to the question of what should be attributed to the employee's personal data, and how the access to restricted personal data must be performed by the employer.
As part of the study, the analysis of Kazakh judicial practice regarding the personal data has been conducted by the authors; the risks of an employer in case of violation of personal non-property rights of employees were specified. In addition, the analysis of cases of providing personal data in the framework of lawyer requests was undertaken.
A proper comprehension of operating with personal data of employees will enable employers to avoid violations of personal non-property rights of personnel, especially since the practice of bringing employers to administrative and civil liability has been widespread.
