29.12.2025 12:12:00
Дата публикации
The draft Digital Code of Kazakhstan, recently approved by the Senate, establishes a fundamental approach to digital regulation: human rights, freedoms, and legitimate interests in the digital environment are recognized as the highest value.
Respect for these rights is enshrined among the basic principles of digital legislation, and any restriction is permitted only by law and only to the extent necessary to protect the constitutional order, public order, the rights and freedoms of others, public health, and morality.
From this principle emerges a new system of digital human rights, comprehensively codified for the first time.
The Code introduces the right to digital identity, recognizing it as an object of legal protection equal to other intangible benefits. A person cannot be forced into digital identification except by law, and the state assumes responsibility for protecting digital identity from unlawful interference and abuse.
Special emphasis is placed on individual control over personal data. The Code guarantees the right to demand deletion, anonymization, or restriction of data processing in the digital environment. In this way, Kazakhstan effectively recognizes the “right to be forgotten” as part of digital rights, while maintaining balance with public interests, justice, and other legitimate purposes.
Digitalization is directly linked to inclusion: accessibility of digital public services and systems becomes a legal obligation, aligned with international accessibility standards for persons with disabilities.
Provisions on algorithmic systems and fully automated decisions occupy a special place. The Code prohibits algorithmic discrimination and grants individuals the right to know when automated decisions are applied, to receive explanations of key factors, and to demand human review if such decisions affect their rights and legitimate interests.
Together, these norms form the foundation of digital constitutionalism in Kazakhstan — a model where technological development is subordinated to the priority of human rights, and digital transformation is accompanied by legal responsibility and accountability.
Experts from the Eurasian Digital Foundation, Ruslan Daiyrbekov and Dana Utegen, contributed to the drafting process. Within the Majilis Working Group, they proposed several provisions aimed at protecting human rights in the digital environment, which were reflected in the updated version of the project.
Respect for these rights is enshrined among the basic principles of digital legislation, and any restriction is permitted only by law and only to the extent necessary to protect the constitutional order, public order, the rights and freedoms of others, public health, and morality.
From this principle emerges a new system of digital human rights, comprehensively codified for the first time.
The Code introduces the right to digital identity, recognizing it as an object of legal protection equal to other intangible benefits. A person cannot be forced into digital identification except by law, and the state assumes responsibility for protecting digital identity from unlawful interference and abuse.
Special emphasis is placed on individual control over personal data. The Code guarantees the right to demand deletion, anonymization, or restriction of data processing in the digital environment. In this way, Kazakhstan effectively recognizes the “right to be forgotten” as part of digital rights, while maintaining balance with public interests, justice, and other legitimate purposes.
Digitalization is directly linked to inclusion: accessibility of digital public services and systems becomes a legal obligation, aligned with international accessibility standards for persons with disabilities.
Provisions on algorithmic systems and fully automated decisions occupy a special place. The Code prohibits algorithmic discrimination and grants individuals the right to know when automated decisions are applied, to receive explanations of key factors, and to demand human review if such decisions affect their rights and legitimate interests.
Together, these norms form the foundation of digital constitutionalism in Kazakhstan — a model where technological development is subordinated to the priority of human rights, and digital transformation is accompanied by legal responsibility and accountability.
Experts from the Eurasian Digital Foundation, Ruslan Daiyrbekov and Dana Utegen, contributed to the drafting process. Within the Majilis Working Group, they proposed several provisions aimed at protecting human rights in the digital environment, which were reflected in the updated version of the project.
