Data protection: key priority of Kazakhstan’s new Constitution

Data protection: key priority of Kazakhstan’s new Constitution

Digital rights of citizens have been enshrined in Kazakhstan’s Constitution for the first time. According to experts, the updated Basic Law guarantees the security of the digital environment, including the protection of personal data and bank secrecy. The mechanisms for implementing these provisions are set out in detail in the Digital Code. These and other constitutional innovations were discussed at a meeting of the SARAP expert club held at the Kazakhstan Institute of Public Development in Astana. Participants examined issues related to the development of constitutional institutions, the strengthening of the rule of law, and the improvement of the system of public administration. Following the meeting, they noted that the new Constitution marks the beginning of a new stage in the country’s development and provides a solid legal foundation for the further modernization of state institutions.


«The Digital Code also addresses the use of AI and other algorithmic decision-making systems. The fact that digital rights have been enshrined in the Constitution, the country’s highest law, demonstrates how important this issue is. It also means that all regulations and sector-specific laws must comply with the Constitution. Therefore, if any questions or disputes arise in a particular case, one can refer directly to the relevant constitutional provision and argue that it is one’s constitutional right, without having to produce additional evidence to support one’s position,» noted Aliya Zhaukeyeva, Head of Data, Digital Solutions and AI Department, Kazakhstan Institute of Public Development.