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Experts: Transferring services of public service centers to private hands violates the law on personal data

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At the end of October, the State Corporation "Government for Citizens" announced a search for partners to provide public services, such as accepting applications and issuing documents.

Three formats of cooperation were proposed: an agency, a partner system, and trust management. According to the terms, potential private partners could fill out questionnaires for participation until November 8.

However, this initiative received mostly critical reviews on social networks and among experts.

Teaching professor at the Maqsut Narikbayev University Higher School of Law and academic advisor to the Eurasian Digital Foundation Dana Utegen, speaking on November 1 at the international scientific and practical conference "Topical Issues of Law Enforcement Activities", noted that:

"This directly violates the law on personal data, since this is a transfer to third parties, access must be limited. There is an operator, an employee who has access to the data and there is also a controller who manages the processes of storage, transfer, transportation, localization of all personal data. Accordingly, if there is a transfer to a third party, there will be risks of data leakage."

She also emphasized that monitoring compliance with the data protection law is assigned to the Information Security Committee under the Ministry of Digital Development. Administrative and criminal penalties are provided for violation of data processing standards.

Any transfer of data to third-party companies creates additional security risks, and many Kazakhstanis are already faced with fraudulent calls after data leaks, the expert added.

Having drawn attention to this situation, Deputy of the Majilis of the Parliament of the Republic of Kazakhstan Ekaterina Smyshlyaeva sent a parliamentary inquiry to First Deputy Prime Minister Roman Sklyar, noting that information about the proposed privatization caused discontent among citizens and experts:

"The other day, Kazakhstani society was shaken by the news that public service centers are being prepared for privatization. Moreover, such actions are allegedly provided for by legislative amendments."

The law on the activities of the state corporation was indeed adopted at the beginning of the year, the deputy confirmed, but, on the contrary, it introduced requirements for partner organizations in terms of the process of receiving and issuing documents, data protection and the specifics of authentication of service recipients.

Ekaterina Smyshlyaeva explained that the purpose of the law, among other things, was to streamline the work of about twenty private organizations that previously provided these services without regulation.

The new approach essentially made the transfer of state functions to the market impossible, since for partners it is only a question of receiving and issuing results.

In connection with the current situation, deputies of the Amanat faction put forward a number of proposals. They called for an inspection of all partner organizations for compliance with the new data protection requirements and to exclude the transfer of back-office functions to private individuals.

It was also proposed to pay attention to the development of the network of public service centers in rural areas, where citizens have difficulty accessing government services.

Having emphasized the importance of strengthening data protection measures, the deputies also proposed adding by-laws to increase the responsibility of private partners, introduce consent for data processing and establish state control in this area.

Deputy Smyshlyaeva added that in order to prevent fraudulent schemes, information about all official partner organizations and agreements should be available to citizens.

Publicity of data will allow Kazakhstanis to be aware of real partners and avoid potential fraudsters.


(the text translation was done automatically)