{"id":4820,"date":"2014-07-23T18:26:59","date_gmt":"2014-07-23T18:26:59","guid":{"rendered":"http:\/\/internetpolicy.kg\/2014\/07\/23\/%d0%b7%d0%b0%d0%ba%d0%bb%d1%8e%d1%87%d0%b5%d0%bd%d0%b8%d0%b5-%d0%ba-%d0%bf%d1%80%d0%be%d0%b5%d0%ba%d1%82%d1%83-%d0%b7%d0%b0%d0%ba%d0%be%d0%bd%d0%b0-%d0%ba%d1%8b%d1%80%d0%b3%d1%8b%d0%b7%d1%81%d0%ba\/"},"modified":"2019-04-13T17:51:03","modified_gmt":"2019-04-13T17:51:03","slug":"zakljuchenie-k-proektu-zakona-kyrgyzsk","status":"publish","type":"post","link":"https:\/\/internetpolicy.kg\/en\/2014\/07\/23\/zakljuchenie-k-proektu-zakona-kyrgyzsk\/","title":{"rendered":"Conclusion to the draft Law of the Kyrgyz Republic \u201cOn Biometric Registration of Citizens of the Kyrgyz Republic\u201d"},"content":{"rendered":"

CONCLUSION<\/span><\/p>\n

On the draft law of the Kyrgyz Republic<\/span><\/p>\n

On biometric registration of citizens of the Kyrgyz Republic<\/b><\/p>\n

Having reviewed the draft Law of the Kyrgyz Republic <\/span>On Biometric Registration of Citizens of the Kyrgyz Republic<\/span><\/i> (hereinafter the draft law \/ draft law), the Public Foundation <\/span>Civic Initiative Internet Policies<\/span><\/i> (hereinafter referred to as PF CIIP) notes that this draft law contains <\/span>legal shortcomings<\/b> that create the opportunity for ambiguous interpretation of some of the provisions contained in it, which in practice may lead to an arbitrary interpretation and inadequate application of this draft legislation and, as a result, to unreasonable restriction of the rights and freedoms of a person and citizen. The draft law does not comply with the Constitution of the Kyrgyz Republic, the Civil Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic <\/span>On Personal Information<\/span><\/i> dated April 14, 2008 N 58, international standards in the field of personal data protection.<\/span><\/p>\n

MAIN CONCLUSIONS:<\/span><\/p>\n

1) One of the main gaps and shortcomings of the draft law is the unjustified non-assignment of biometric data to personal information \/ personal data. Whereas, according to the legislation of the Kyrgyz Republic, <\/span>the biometric data of citizens is personal data<\/b>. And, therefore, <\/span>they should be subject to all the guarantees and principles that are laid down in the Constitution and the legislation of the Kyrgyz Republic<\/b> on <\/span>privacy and the right to self-determination in relation to their personal data<\/b>.<\/span><\/p>\n

The basic principles that are enshrined in the Constitution, the Civil Code, the legislation of the Kyrgyz Republic in relation to personal data of citizens – the right of citizens to the integrity and protection of private (personal) life, personal data are confidential information, in relation to personal data, the principle of self-determination.<\/span><\/p>\n

Thus, international standards in the field of personal data protection and the legislation of the Kyrgyz Republic unequivocally establish that only a personal data subject has the right to independently decide whether or not to provide his personal data to someone, he has the right to refuse to provide it without giving a reason, and has the right to demand blocking and destructing his personal data. <\/span>Thus, it is an inalienable right of the subject of personal data, guaranteed by the Constitution and not subject to any restrictions.<\/b><\/p>\n

Taking into account the above provisions of the legislation of the Kyrgyz Republic, <\/span>no legislative act<\/b>2<\/b> can impose a duty on citizens to provide their personal data on a mandatory basis, no state body has the right to require mandatory submission of his\/her personal data.<\/b><\/p>\n

2) It is doubtful whether one of the tasks that the draft law is intended to solve is \u201creachable:<\/span>\u201c compiling an updated voter list<\/b> \u201d<\/span>3<\/span>. As mentioned above, <\/span>whether or not to submit personal data is the right of each subject<\/b>. Consequently, any citizen who has a passive electoral right <\/span>has the right to refuse to submit his biometric personal data without giving reasons. This means that the task of forming a voter list based on citizens’ biometric data may not be solved.<\/b><\/p>\n

Moreover, according to the Constitution of the Kyrgyz Republic, \u201cto elect and be elected\u201d is the <\/span>constitutional right of citizens <\/b>4<\/b>, and <\/span>not an obligation<\/b>; \u201cElections are free\u201d <\/span>5<\/span>. Hence it is not clear whether <\/span>citizens who have not submitted their biometric personal data will be admitted to the elections<\/b>, and if not, on what grounds will this prohibition apply? And further, if to participate in the elections is the right of a citizen, on what basis to submit their biometric personal data for the formation of the list of voters referred by the bill to the duties.<\/span><\/p>\n

3) Practically in all countries of the world, the collection of biometric personal data of citizens is carried out with one purpose – for the introduction of a new generation of passports and exit \/ entry documents.<\/span><\/p>\n

It should be noted that in 2002, 118 countries of the world signed, under the auspices of the ICAO, the New Orleans Agreement \u201cDoc 9303. Machine Readable Travel Documents. Part 1 Machine Readable Passports. Volume 2. Specifications for electronic passports with biometric identification means\u201d, which <\/span>recognizes face biometrics as the basis for identification for the next generation of passports and entry visas.<\/b><\/p>\n

That is, biometric personal data can in essence be collected mainly for the purpose of creating foreign passports and entry visas with the obligatory confidentiality of such data and all legal requirements in the field of privacy.<\/span><\/p>\n

Ukraine<\/span>6<\/span>, the Russian Federation<\/span>7<\/span>, Turkmenistan<\/span>8<\/span>, Moldova<\/span>9<\/span> and other countries chose this path.<\/span><\/p>\n

This takes into account the phasing (gradual replacement of old passports with passports of a new generation) and voluntariness (self-determination of citizens in relation to their personal data).<\/span><\/p>\n

4) The <\/span>\u201cBiometric Database of Citizens\u201d<\/b> united in one place, which \u201cis owned by the Government of the Kyrgyz Republic \u201d<\/span>10<\/span>, <\/span>in principle, cannot be created<\/b>, because:<\/span><\/p>\n

– The formation of consolidated personal data files received by state authorities or local authorities from various state holders (owners) of personal data is not allowed<\/b>11<\/b>.<\/b><\/p>\n

– It is not allowed to combine arrays of personal data collected by holders (owners) for different purposes for automated information processing <\/b>12<\/b>.<\/b><\/p>\n

5) Before proceeding with the collection of biometric personal data of citizens, <\/span>the Government of the Kyrgyz Republic must implement the following measures provided for by the Law on Personal Data Protection:<\/b><\/p>\n