The transfer of personal data due to lawful activities in the cases provided for by the laws of Turkmenistan is permitted without the consent of the data subject. Turkmenistan. 2021. Website. www.loc.gov/item/guide-to-law-online/turkmenistan/. Nodir Yuldashev is a partner at GRATA International. Prior to joining GRATA International, Nodir worked as Head of the Legal Department at the Chamber of Commerce and Industry of Uzbekistan and as Senior Legal Advisor at the State Bankruptcy Committee. He has extensive experience in cross-border and domestic investment, trade and construction projects. Nodir is an international arbitrator at the Court of International Arbitration Tribunals of the Kazakhstan Chamber of Commerce and Industry and an arbitrator at the Court of Arbitration of the Chamber of Commerce and Industry of Uzbekistan. Third party: A person who is not the data subject or operator, but who is bound by remote circumstances or a legal relationship with the collection, processing and protection of the personal data of the person. Every day, our specialists check dozens of sources of legal information and update the database “Legislation of CIS countries”. You can see the documents added and updated for the period. As provided for in the Administrative Code, the illegal collection, storage or dissemination of information on the private life of others, which constitutes a personal or family secret, is punishable by a fine of five to ten sizes of the basic value (approximately 145 to 290 euros) or administrative detention for up to 15 days without their consent.
According to the Criminal Code, the illegal dissemination of information, on which Turkmen legislation imposes permissive restrictions, by the owner or holder of personal data, including sources of information containing citizens` personal data, is punishable by a fine of 40 to 70 average monthly salaries with deprivation of the right to hold certain positions or activities for a period of up to two years. Exercise. or prison work for up to one year with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years. Turkmenistan`s legislation on personal data and its protection is based on the Constitution of Turkmenistan (available here only in Russian) and consists of the Turkmen Law of 20 March 2017 on Information on Privacy and its Protection No. 519-V (available only here in Russian) (“Information Law”) and other legal acts. The Information Act defines the procedure for collecting, processing and protecting personal data. In addition, the Information Act establishes the rights and obligations of the data subject and the operator, and provides for sanctions in the event of non-compliance with the requirements for the protection of personal data. The courts have jurisdiction (Art. 99 TC). The judicial system consists of the Supreme Court, the Commercial High Court and military and other courts established for civil, administrative, commercial and criminal proceedings. Article 101 proclaims the principle of the independence of the judiciary and the subordination of judges only to the law.
Article 102 provides that all judges of all courts shall be appointed by the President for a term of five years. The law determines the jurisdiction, the mode of formation and the functioning of the courts. · The main tax service of the state of Turkmenistan – a leading Turkmen legal authority Judges are independent, subordinate only to the law and controlled solely by their internal convictions. Intercession in the work of judges is prohibited, regardless of the identity of the intervening party, which entails legal liability. The immunity of judges is guaranteed by law. Its activities include providing legal assistance for the registration of international companies in Uzbekistan, reorganization of legal entities, obtaining various licenses for companies and individuals, antitrust approvals, advice on natural resources, oil and gas, advertising, microfinance services, antitrust law and competition law. Anora has extensive experience in advising on privacy issues, personal data protection, including drafting privacy policies, consent forms and other related documents. In case of disclosure of inaccurate personal data or illegal acts with them, the operator, as well as the data subject, is obliged to remedy the breaches within a maximum period of three working days and, if it is impossible to eliminate them, to destroy the personal data provided, which must be communicated to the data subject.
· NationMaster – Government and Legal Information on Turkmenistan The authors of this article worked as librarians at the Tashkent Open Legal Information Library. They have participated in important projects in the Republic of Uzbekistan, including the development of the digital library for human rights, organizational and methodological support for regional centres of public law, the provision of legal information and assistance to persons under judicial investigation, the creation of the Open Library for Legal Information website and the development of electronic legal resources within the framework of Open Bec. Legal Information Library. · “LEGISLATIONLINE – Libraries without walls” – free online database of OSCE countries The Information Act also contains provisions on the cross-border transfer of personal data. According to the Information Act, cross-border transfer of personal data is the transfer of data to the territory of foreign countries. Personal data are subject to cross-border transfer restrictions if they are contained in databases containing personal data on the territory of Turkmenistan. Subscription database providing access to legislation from Commonwealth of Independent States (CIS) countries, including Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. Legislation can be searched by country, subject, type of legislation and date. For each document, an introductory and content page with the full text is made available free of charge to subscribers only. In addition, the unlawful collection, storage or dissemination of information about the private life of another person that constitutes a personal or family secret of another person without his consent, if the infringement is repeated within one year of the imposition of an administrative penalty, is punishable by a fine of five to ten average monthly wages or prison work for up to one year.
These influences are particularly evident with regard to the new principles of legal reform. The republic supports ideological and political pluralism, and the market economy is social. Prior to joining GRATA International, Anora worked in a legal department at Westminster International University in Tashkent. Anora is fluent in English, Russian and Uzbek. Online guide to the Turkmen legal system, written by Dovran Orazgylyjov, a private lawyer in Turkmenistan. The guide was published on the Globalex website in 2006 (and updated in 2022) and made available free of charge by Hauser Global Law School of New York University School of Law. The guide provides general information about Turkmenistan and sections on the country`s legal system, laws and legislative, executive and judicial powers. Links to online sources of legal information and references to print sources are provided. The transfer of personal data is permitted if it does not violate the rights and freedoms of the data subject and does not prejudice the legitimate interests of other legal and natural persons.
The collection and processing of personal data is possible if they carry out the lawful professional activity of a journalist or the activities of a mass media or a scientific, literary or other creative activity, subject to respect for human and civil rights and freedoms. Personal data: The Information Act uses the concept of personal life information (personal data) instead of personal data and defines it as all data relating to the natural person fixed on or based on electronic, paper or other tangible media. For the purposes of this overview, such a natural person is referred to as a `data subject`. Sensitive data: The Information Act does not provide for the notion of sensitive data. However, it defines special categories, namely: Information on nationality, skin colour, attitude towards religion, political beliefs, state of health and private life. Data Controller: The Information Act does not provide a concept for a data controller, although the functions of an operator are similar to those of a data controller. The operator of a personal data database is a government body, other legal entity or natural person that collects, processes and protects personal data and also determines the purposes and content of these measures. Subcontractor: Turkmenistani legislation does not provide for the concept of subcontractor.
Therefore, the importance of the subcontractor may apply both to third parties and to the operator itself. Nodir specialises in telecommunications, construction, tax and litigation, as well as a range of telecommunications and corporate transactions, including the full legal due diligence of the EU`s largest mobile operator at the request of shareholders; Advise a Russian mobile operator on various issues related to the structuring of international roaming networks, remittance, data protection issues, regulatory and other issues; Advising a leading international telecommunications company based in the European Union on licensing the construction, use and provision of telecommunications services for data transmission networks and advising a Chinese telecommunications company on the import and use of encryption devices to protect information in Uzbekistan.