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Compliance vs Regulations in Turkmenistan: A Look into the Country’s Data Protection Landscape

Turkmenistan, a country with a rich history and culture, has implemented various regulations to protect its citizens’ personal data. In recent years, there have been growing concerns about data protection and privacy issues, making it essential for businesses and individuals alike to understand the compliance requirements in Turkmenistan.

The Data Protection Law

The main law governing personal data protection in Turkmenistan is Law No. 519-V “On Information about Private Life and its Protection” (Data Protection Law). Enacted in March 2017, this law aims to regulate the collection and processing of personal data within the country’s borders.

Key Features of the Data Protection Law

  • Definition of Personal Data: The law defines personal data as any information that relates to a specific individual. This includes biometric data, such as fingerprints, photographs, or DNA profiles, in addition to other types of information.
  • Publicly Available Personal Data: The law recognizes publicly available personal data, which is exempt from confidentiality requirements.

Differences with International Standards

  • Definition of Sensitive Personal Data: Unlike the GDPR, the Data Protection Law does not provide a definition of sensitive personal data. Instead, it prohibits the collection of specific categories of personal data, such as information about nationality, skin color, or religious beliefs.
  • Consent Requirements: The law requires consent from individuals before collecting and processing their personal data.

Security Measures

  • Transfer of Personal Data Across Borders: Data operators must ensure that transferred data is stored within the country and that the recipient of the data complies with Turkmenistan’s data protection regulations.
  • Security Safeguards: The law requires data operators to implement legal, organizational, and technical safeguards to protect personal data from unauthorized access, loss, or destruction.

Notable Omissions

  • Notification of Data Breach: Unlike many international standards, the law does not require data operators to notify individuals in the event of a data breach.
  • Blocking of Personal Data: The law obligates data operators to block any personal data within one working day if there is a risk that a breach has occurred.

Enforcement and Compliance

  • General Prosecutor’s Office: Enforcement of the Data Protection Law falls under the jurisdiction of the General Prosecutor’s Office.
  • Court Proceedings: Any affected party may file a suit directly with a court.

Online Privacy

  • Applicability of Data Protection Law: The Data Protection Law also applies to online privacy in Turkmenistan, and there are no specific regulations governing this aspect of data protection.

Conclusion

While Turkmenistan’s Data Protection Law has its unique features and differences from international standards, it provides a framework for protecting personal data within the country. As businesses and individuals increasingly rely on digital technologies, understanding compliance requirements is crucial for maintaining trust and ensuring privacy in the digital age.