Overview of Kazakhstani draft laws on Artificial Intelligence and its provisions on protecting personal data

In Kazakhstan, the main regulatory act related to artificial intelligence (AI) is the Law of the Republic of Kazakhstan, ‘On Informatisation’, dated November 24, 2015. This Law provides for many concepts related to the use of information and communication technologies, systems and programs, the process of collecting, processing, and analysing data, enshrines the concept of ‘intelligent robot’, the rights and obligations of its owner and proprietor, the concept of ‘national artificial intelligence platform’, establishes the functions of the national operator of the national AI platform. The law does not provide detailed rules on regulating AI, its creation, use, monitoring, regulations and control over its use, restrictions, and liability.

At the beginning of 2025, the Kazakhstani Parliament announced the draft Law of the Republic of Kazakhstan, ‘On Artificial Intelligence’ and the Law of the Republic of Kazakhstan, ‘On Amendments to Certain Legislative Acts on Artificial Intelligence’.[1],[2] The primary Law in artificial intelligence will be a special law. In connection with its adoption, the necessary changes will be made to the laws ‘On Personal Data and Their Protection’, ‘On Informatisation’, ‘On the Protection of Consumer Rights’, and ‘On Mass Media’.

The draft Law ‘On Artificial Intelligence’ mainly transfers the provisions of the current Law ‘On Informatisation’ on the automated processing of electronic information resources, the national platform of artificial intelligence, its operator and its competence, the rights and obligations of the owner of an intelligent robot. The Kazakh draft law consists of 28 articles, and its text at the initial stage can be called ‘meagre’ compared to the European Artificial Intelligence Act, which includes 113 articles and 13 Annexes.[3]

At this stage of the development of the Kazakh draft law, we want to identify some problems with the concepts, goals and objectives of the law, principles, and protection of personal data.

Read the full overview:

 
[1] Dossier on the draft Law of the Republic of Kazakhstan "On Artificial Intelligence" (January 2025), https://online.zakon.kz/Document/?doc_id=34868071, accessed 02 February 2025, in Russian.
[2] Dossier on the draft Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Artificial Intelligence" (January 2025), https://online.zakon.kz/Document/?doc_id=32933085&pos=6;-106#pos=6;-106, accessed 02 February 2025, in Russian.
[3] Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), OJ L, 2024/1689, 12.7.2024 - [электрон.ресурс] – URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32024R1689&qid=1725729176314.