16.08.2024 14:33:00
Дата публикации
The online meeting of the extended session was held on August 15, 2024, with the participation of representatives of the Ministry of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan, deputies of the Majilis of the Parliament, members of the non-profit organization "TechnoWomen", representatives of the IT community, members of the ALE "Kazakhstan Association of Continuous Education".
Dana Utegen, Teaching Professor of the Maqsut Narikbayev University Higher School of Law and Advisor on Academic Affairs of the Eurasian Digital Foundation, was invited as an independent expert. Also present at the meeting was the head of EDF legal practice, Yelzhan Kabyshev.
The online meeting discussed the issue of using biometric identification systems in preschool organizations of the Kyzylorda region.
We are talking about the implementation of the Face ID application, which may violate the rights of 52 thousand preschoolers in the region.
Speaking at a meeting of the Public Council under the MCRIAP, Dana Utegen recalled that in April 2023, the Face ID mobile application was introduced in a pilot mode in 10 kindergartens in the region (eight public, two private).
“It was planned to be introduced in all kindergartens in the region from May 1, but since the kindergartens began to resist, the mass introduction was postponed and moved to June 1. In July 2023, the regional public council studied the project and recommended the introduction of Face ID by law, with the adoption of the necessary changes to regulatory legal acts,” the EDF expert noted.
Most of the politicians, public figures and human rights activists present at the online meeting expressed concerns about the measures being introduced in Kyzylorda kindergartens.
Although the local education department motivates the introduction of Face ID by the fight against overwriting children, the introduction of the system is illegal, since the responsibility for the collection, transfer and storage of children's personal data is not regulated.
There is no signed document reflecting the responsibility for the protection of children's personal data between the Akimat of the Kyzylorda region, kindergartens and the developer.
During the online meeting, digital lawyers noted that the implementation of this system violates the constitutional rights of children and has no legal basis.
It is unclear on what basis government agencies put their tasks for the effective use of the state budget above the constitutional rights of the child. They also proposed initiating a prosecutor's investigation, since this case may fall under Article 147 of the Criminal Code of the Republic of Kazakhstan "Violation of the inviolability of private life and the legislation of the Republic of Kazakhstan on personal data and their protection".
The Information Security Committee assured that an investigation is currently underway on these facts based on the requests received from parents and kindergartens.
We also remind you of the legal position of EDF on this issue, because the legality of this project raises serious doubts for a number of reasons.
- According to the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", there are clear rules for collecting, storing, processing and using children's personal data when using biometric identification.
- The absence of parental consent makes data collection illegal and violates the rights of the child and parents. Also, the absence of consent implies the absence of specific purposes for collecting data.
It is unclear whether the company collecting biometrics has taken the measures described by law to protect against leaks and illegal access. In general, the implementation process is also opaque, which can undermine public confidence in preschool institutions responsible for the implementation of these technologies.
EDF experts emphasize that before implementing the Qazyna Face project, it is necessary to ensure full compliance with the rights of children and their parents, as well as take all necessary measures to protect personal data by establishing clear regulatory and procedural frameworks that protect the interests of all stakeholders.
(the text is translated automatically)
Dana Utegen, Teaching Professor of the Maqsut Narikbayev University Higher School of Law and Advisor on Academic Affairs of the Eurasian Digital Foundation, was invited as an independent expert. Also present at the meeting was the head of EDF legal practice, Yelzhan Kabyshev.
The online meeting discussed the issue of using biometric identification systems in preschool organizations of the Kyzylorda region.
We are talking about the implementation of the Face ID application, which may violate the rights of 52 thousand preschoolers in the region.
Speaking at a meeting of the Public Council under the MCRIAP, Dana Utegen recalled that in April 2023, the Face ID mobile application was introduced in a pilot mode in 10 kindergartens in the region (eight public, two private).
“It was planned to be introduced in all kindergartens in the region from May 1, but since the kindergartens began to resist, the mass introduction was postponed and moved to June 1. In July 2023, the regional public council studied the project and recommended the introduction of Face ID by law, with the adoption of the necessary changes to regulatory legal acts,” the EDF expert noted.
Most of the politicians, public figures and human rights activists present at the online meeting expressed concerns about the measures being introduced in Kyzylorda kindergartens.
Although the local education department motivates the introduction of Face ID by the fight against overwriting children, the introduction of the system is illegal, since the responsibility for the collection, transfer and storage of children's personal data is not regulated.
There is no signed document reflecting the responsibility for the protection of children's personal data between the Akimat of the Kyzylorda region, kindergartens and the developer.
During the online meeting, digital lawyers noted that the implementation of this system violates the constitutional rights of children and has no legal basis.
It is unclear on what basis government agencies put their tasks for the effective use of the state budget above the constitutional rights of the child. They also proposed initiating a prosecutor's investigation, since this case may fall under Article 147 of the Criminal Code of the Republic of Kazakhstan "Violation of the inviolability of private life and the legislation of the Republic of Kazakhstan on personal data and their protection".
The Information Security Committee assured that an investigation is currently underway on these facts based on the requests received from parents and kindergartens.
We also remind you of the legal position of EDF on this issue, because the legality of this project raises serious doubts for a number of reasons.
- According to the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", there are clear rules for collecting, storing, processing and using children's personal data when using biometric identification.
- The absence of parental consent makes data collection illegal and violates the rights of the child and parents. Also, the absence of consent implies the absence of specific purposes for collecting data.
It is unclear whether the company collecting biometrics has taken the measures described by law to protect against leaks and illegal access. In general, the implementation process is also opaque, which can undermine public confidence in preschool institutions responsible for the implementation of these technologies.
EDF experts emphasize that before implementing the Qazyna Face project, it is necessary to ensure full compliance with the rights of children and their parents, as well as take all necessary measures to protect personal data by establishing clear regulatory and procedural frameworks that protect the interests of all stakeholders.
(the text is translated automatically)
