LAW OF THE KYRGYZ REPUBLIC “On the biometric registration of citizens of the Kyrgyz Republic”

LAW OF THE KYRGYZ REPUBLIC

“On the biometric registration of citizens of the Kyrgyz Republic”

Article 1. Scope of this Law

This Law regulates relations arising in the implementation of the collection, handling, storage and use of biometric data of citizens of the Kyrgyz Republic (hereinafter – the biometric data), actualization and protecting of biometric data base.

Article 2. Purpose and objectives of this Law

1. Purpose of this Act is the creation of actualized database of citizens of the Kyrgyz Republic with the use of biometric data.

2. This Law defines the following tasks:

1) determination of the qualitative and quantitative composition of the citizens of the Kyrgyz Republic, residing in the territory of the Kyrgyz Republic and abroad;

2) preparation of an actualized list of voters;

3) Timely registration of citizens and issuance of identification documents;

4) an effective fight against crime, illegal migration, terrorism and human trafficking;

5) timely and quality services to the population;

6) maximum personal identification using biometric data base.

Article 3. Basic concepts used in this Law

Biometric data – data that characterize the physiological and biological features of the subject of biometric data on which to establish his identity.

Biometric registration – procedure for collecting, storing and processing biometric data of citizens of the Kyrgyz Republic, residing in the territory of the Kyrgyz Republic and abroad.

Holder of biometrics data base – the state body authorized by the Government of the Kyrgyz Republic.

Users of biometric data base – State and other bodies.

Biometric data subject – a citizen of the Kyrgyz Republic, residing in the territory of the Kyrgyz Republic or abroad.

Article 4. Principles of data collection and use of biometric data

Collection, processing, storage and use of biometric data is based on the principles:

1) mandatory biometric registration;

2) openness (to ensure public confidence in the use of state of biometric data);

3) guarantee the legitimate use of biometric and personal data by public authorities, local government, endowed with special powers in accordance with the legislation of the Kyrgyz Republic;

4) protecting the database of biometric data;

5) the security of biometric data during collection, handling, storage and use in information systems and compliance with material carriers.

Article 5. Procedure of biometric registration

1. Every citizen of the Kyrgyz Republic is obliged to pass the biometric registration in accordance with this Law.

2. Procedure of biometric enrollment is determined by the Government of the Kyrgyz Republic.

3. Enumeration of biometric data to be collected,is handling, storage and use, determined by the Government of the Kyrgyz Republic.

4. The following biometric data are subject to mandatory collection, storage, handling and use:

1) digital graphical image of the face;

2) graphical structure of papillary patterns fingers of both hands;

3) a handwritten signature.

5. Besides biometric data, the following personal details are also subject to mandatory collection, storage, handling and use:

1) Personal identification number;

2) the full name;

3) nationality;

4) Passport number;

5) birth certificate (for those who have not yet received a passport of the Kyrgyz Republic);

6) gender;

7), month and year of birth;

8) place of residence.

6. Kyrgyz Government, within its competence, can complete the list of personal data contained in this article, when the need arises, related to the implementation of this Law.

Article 6. Measures to ensure the security of biometric data

1. Database of biometric data is the property of the Government of the Kyrgyz Republic.

2. Protection of biometric data contained in the database of biometric data is carried out in accordance with this Law, the legislation in the sphere of personal information, in the field of information, in the field of protection of state secrets and other legal acts of the Kyrgyz Republic.

3. Submission of information, facts from the database of biometric data is carried out in cases established by laws and other legal acts of the Kyrgyz Republic.

4. Procedure to ensure the safety of biometric data during collection, handling, storage and use in information systems, requirements for the material bearers of biometric data and storage technologies such data out of information systems are determined by the Government of the Kyrgyz Republic.

Article 7. The use of biometrics of citizens

1. Obtaining information about the biometric data is subject to the consent in writing of the subject of biometric data in accordance with the legislation of the Kyrgyz Republic, except in cases provided for by Part 2 of this article.

2. Obtaining information about the biometric data is carried out without the consent of the subject of biometric data only in cases of administration of justice and comply with a judgment, and in cases stipulated by the legislation of the Kyrgyz Republic on national security, counter-terrorism and corruption, of operational and investigative activities and other cases defined by the legislation of the Kyrgyz Republic.

Article 8. Responsibility for violation of the provisions of this Law

Persons who violate the provisions of this Law shall be liable under the legislation of the Kyrgyz Republic.

Article 9. Entry into force of this Law

1. This Law shall enter into force after 10 days from the date of publication.

2. Government of the Kyrgyz Republic to bring its decisions in accordance with this Act.

President of

Kyrgyz Republic