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The document is provided from the database "Legislation of the CIS countries" (c) 2003-2018 SoyuzPravoInforom

TURKMENISTAN LAW
dated March 20, 2017 No. 519-V

About privacy information and its protection
This Law regulates public relations in the field of information about personal life.
a person and defines the purpose, principles and legal basis of activities related to its collection,
processing and protection.

Chapter I. General Provisions
Article 1. Basic concepts
For the purposes of this Law, the following basic concepts are used:
1) biometric information - information characterizing physiological and biological
characteristics of a person and allowing to establish the identity of the person to whom the information about
personal life;
2) information about personal life (hereinafter - personal information) - any information related to
to a certain or determined on the basis of such information an individual (hereinafter - the subject),
recorded on electronic, paper or other material media;
3) personal data base - a set of ordered personal information that is completed
depending on the purposes of their purpose and use;
4) operator of the personal data base (hereinafter referred to as the operator) - state bodies and others
legal or natural persons collecting, processing and protecting personal information, as well as
defining goals and content of these actions;
5) admission to personal information - the ability to obtain and use personal information;
6) provision of personal information - actions aimed at obtaining personal information
a certain circle of persons or the transfer of personal information to a certain circle of persons;
7) blocking of personal information - actions to temporarily stop collection, accumulation,
making changes and additions (hereinafter - clarification), use, distribution,
depersonalization and destruction of personal information;
8) processing of personal information - actions aimed at the accumulation, storage, clarification,
use, distribution, depersonalization, blocking and destruction of personal information;
9) accumulation of personal information - actions to systematize personal information by entering it
to the personal data base;
10) collection of personal information - actions aimed at obtaining personal information;
11) destruction of personal information - actions that entail the impossibility of recovery
personal information;
12) depersonalization of personal information - actions that lead to the impossibility of determining
the ownership of personal information to the subject;
13) protection of personal information - a set of measures, including legal, organizational and
technical, carried out for the purposes established by this Law;
14) use of personal information - actions with personal information aimed at
implementation of the goals of the operator and the third party;
15) storage of personal information - actions to ensure the integrity, confidentiality and
the availability of personal information;
16) dissemination of personal information - actions by which personal information is transferred
information to a certain number of persons or to get acquainted with personal information of unlimited
number of persons, including through the media or providing access to personal
information in any other way;

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17) confidentiality of personal information - mandatory for the person who received
access to the use of certain personal information, the requirement not to transfer such information
to third parties without the consent of the subject, ensuring the confidentiality of personal information;
18) third party - a person who is not a subject or operator, but is associated with
circumstances or legal relationships for the collection, processing and protection of personal information of a person.

Article 2. Purpose of this Law
The purpose of this Law is to ensure the protection of human rights and freedoms when collecting,
processing and protection of personal information, including protection of privacy rights,
personal and family secrets.

Article 3. Operation of this Law
1. This Law regulates relations related to the collection, processing and protection of
personal information carried out by operators.
2. Features of collection, processing and protection of personal information may be regulated by other laws.
Turkmenistan and acts of the President of Turkmenistan.
3. This Law does not apply to relations arising in the following
cases:
1) in the collection, processing and protection of personal information by the subject for personal and family needs, if
this does not violate the rights of other legal entities or individuals and the requirements of laws
Turkmenistan;
2) the formation, storage, accounting and use of archival documents containing personal
information in accordance with the legislation of Turkmenistan on archives and archival affairs;
3) collection, processing and protection of personal information classified as state secrets in
According to The Law of Turkmenistan "On State Secrets";
4) collection, processing and protection of personal information in the course of intelligence, counterintelligence,
operational search activities, as well as the implementation of security measures to ensure
security of protected persons and objects within the limits established by the laws of Turkmenistan.

Article 4. Legislation of Turkmenistan on personal information and their protection
1. The legislation of Turkmenistan on personal information and their protection is based on Of the Constitution
Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan,
determining the procedure for the collection, processing and protection of personal information.
2. State bodies on the basis of and in pursuance of this Law within their
powers can adopt regulatory legal acts on certain issues of collection and processing
personal information that should not contain norms that restrict the rights of the subject and are subject to
official publication in accordance with the legislation of Turkmenistan.

Article 5. Principles of collection, processing and protection of personal information
Collection, processing and protection of personal information is carried out in accordance with the principles:
1) inadmissibility of collection, storage, use and dissemination of personal information of the subject
without his consent;
2) observance of constitutional human and civil rights and freedoms;
3) the legality of the purposes and methods of collecting and processing personal information;
4) compliance of the purposes of collection and processing of personal information with the purposes predetermined when collecting
personal information, as well as the powers of the operator;
5) ensuring the safety of the individual, society and the state;
6) the correspondence of the volume and nature of the collected and processed personal information, methods
collection and processing of personal information for the purposes of their collection and processing;
7) the reliability of personal information, their sufficiency for the purposes of collection and processing, inadmissibility
collection and processing of personal information that is excessive in relation to the purposes determined when collecting personal information
information;

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8) confidentiality of personal information of limited access.

Chapter II Collection and processing of personal information
Article 6. Availability of personal information
1. Personal information on availability is divided into public and limited access.
2. Publicly available personal information includes personal information, access to which is
free with the consent of the subject or for which, in accordance with the legislation of Turkmenistan, are not
confidentiality requirements apply.
In order to provide information to the population, publicly available sources of personal
information (including directories, telephone and address books, public electronic
information resources, mass media).
Information about the subject can be excluded from publicly available sources at any time by
at the request of the subject or by decision of a court or other authorized state bodies.
3. Personal information of limited access includes individual identification
numbers, personal telephones, residence address, nationality, place of work, working conditions
contracts and other personal information at the discretion of the subject, access to which may be limited
by the subject itself or by the legislation of Turkmenistan.
The introduction of these restrictions into personal information must be formalized accordingly
an agreement between the entity, on the one hand, and the operator, as well as a third party, on the other.

Article 7. Conditions for collection and processing of personal information
1. The collection and processing of personal information is carried out by the operator with the written consent of the subject
and in interaction with him, except for the cases provided for Article 9 of this Law.
2. The subject's written consent to the collection and processing of his personal information must include in
yourself:
1) last name, first name, patronymic, address, number of the document proving his identity, information about
the date of issue of the specified document and the issuing authority;
2) the name (last name, first name, patronymic) and address of the operator receiving the consent of the subject;
3) the purpose of collecting and processing personal information;
4) a list of personal information for the collection and processing of which the consent of the subject is given;
5) a list of actions related to personal information, for the implementation of which consent is given
subject, a general description of the methods used to collect and process personal information;
6) the period of validity of the consent, as well as the procedure for its withdrawal.
To collect and process personal information contained in the written consent of the subject,
no additional consent is required.
3. In the event of the subject's incapacity, consent to the collection and processing of his personal information is given in
written legal representative of the subject.
4. Collection and processing of personal information of the subject, deceased (declared deceased by the court) or
recognized by the court as missing, are carried out in accordance with the legislation
Turkmenistan.
5. Features of the collection and processing of personal information in electronic information resources,
containing personal information are established in accordance with the legislation of Turkmenistan on
information and its protection, taking into account the provisions of this Law.
No one has the right to demand from individuals for the creation of electronic information resources
submission of personal information constituting personal and family secrets, including information,
concerning their origin, health, attitude to religion, political convictions, secrecy
correspondence, telephone conversations and other messages, or receive such information to other
way against their will.
6. When collecting and processing personal information, the operator does not need documents
permissive nature (licenses, certificates, etc.).

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7. Features of collection and processing of biometric data are established by law
Turkmenistan.
The conditions for the collection and processing of personal information of special categories are determined by article 21
of this Law.
8. Employees of operators who collect, process and protect personal information prior to their
collection and processing are required to notify their supervisors.
9. The operator is not entitled to conclude an agreement on transferring to another person the performance of actions to collect
and the processing of personal information.

Article 8. The procedure for giving (withdrawing) the consent of the subject to the collection and processing of personal
information
1. The subject gives (withdraws) consent to the collection and processing of personal information in writing or in the form
electronic document or in another way using protective actions that do not contradict
legislation of Turkmenistan.
The subject has the right to withdraw consent to the collection and processing of personal information.
2. The subject cannot withdraw consent to the collection and processing of personal information in cases where this
contradicts the laws of Turkmenistan, or if there is an unfulfilled obligation.
3. This Law and other laws of Turkmenistan in order to protect the foundations of the constitutional
order, health and morality, the rights and legitimate interests of others, ensuring the defense of the country
and the security of the state, cases of mandatory presentation of personal
information.

Article 9. Collection and processing of personal information without the consent of the subject
The collection and processing of personal information is carried out without the consent of the subject in the following cases:
1) the implementation of the activities of law enforcement agencies and courts, executive
production;
2) the implementation of state statistical activities;
3) the use of personal information by state bodies for statistical purposes when
subject to their mandatory depersonalization;
4) implementation of international treaties ratified by Turkmenistan;
5) protection of life, health, other legitimate interests, constitutional rights and freedoms of the subject, or
other persons, if it is impossible to obtain the consent of the subject;
6) carrying out legal professional activities of a journalist or activities of a means
mass media or scientific, literary or other creative activity, provided
observance of human and civil rights and freedoms;
7) publication of personal information in accordance with the laws of Turkmenistan, including personal
information of candidates for elective public office;
8) failure of the subject to fulfill its obligations to provide personal information in accordance with
with the laws of Turkmenistan;
9) in other cases established by the laws of Turkmenistan.

Article 10. Access to personal information
1. Access to personal information is determined by the terms of the consent of the subject provided
to the operator for their collection and processing, unless otherwise provided by the laws of Turkmenistan,
The transfer of personal information by the operator to a third party is carried out on the basis of a written
consent of the subject.
Access to personal information should be prohibited if the operator or a third party refuses
undertake obligations to ensure compliance with the requirements of this Law or cannot
provide them.
2. The appeal of the subject regarding access to his personal information is submitted to the operator
in writing or in the form of an electronic document or otherwise using protective actions,
not contradicting the legislation of Turkmenistan.

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3. The relationship between the operator or a third party regarding access to personal information
governed by the legislation of Turkmenistan.

Article 11. Confidentiality of personal information
1. Operators, as well as third parties gaining access to restricted personal information,
ensure their confidentiality by complying with the requirements to prevent their dissemination
without the consent of the subject or other legal basis.
2. Personal information stored in electronic information resources, as well as biometric
information is confidential, their collection and processing are limited to the purposes for which they
are going.
For electronic information resources containing personal information, compliance
confidentiality is mandatory from the moment this information was provided by the subject.
3. Persons who have become aware of personal information of limited access in connection with the official
necessity, as well as labor relations, are obliged to ensure their confidentiality.

Article 12. Accumulation and storage of personal information
1. The accumulation of personal information is carried out by collecting personal information necessary and
sufficient for the performance of tasks carried out by the operator, as well as by a third party.
2. The storage of personal information is carried out by the operator, as well as by a third party in the personal database.
data located on the territory of Turkmenistan in a form that allows you to identify the subject.
The storage period for personal information is determined by the date of achievement of the goals of their collection and processing, if
otherwise is not provided for by the laws of Turkmenistan.

Article 13. Clarification of personal information
Clarification of personal information is carried out by the operator on the basis of a request from the subject or to
other cases stipulated by the laws of Turkmenistan.

Article 14. Use of personal information
1. The use of personal information should be carried out by the operator and a third party only for
previously defined purposes of their collection.
2. It is not allowed to use personal information for the purpose of causing material or
moral harm, as well as to restrict the exercise of the rights and freedoms guaranteed by the Constitution and
laws of Turkmenistan.

Article 15. Dissemination of personal information
1. Dissemination of personal information is allowed if this does not violate the rights and freedoms
subject, and also the legitimate interests of other legal entities and individuals are not affected.
2. Dissemination of personal information in cases that go beyond predetermined purposes
their collection is carried out with the consent of the subject.
3. Dissemination of personal information as a result of legal activities in cases where
stipulated by the laws of Turkmenistan, is allowed without the consent of the subject.

Article 16. Peculiarities of dissemination of personal information through means
mass media
1. Dissemination of personal information by the mass media is carried out in the manner
established The Law of Turkmenistan "On the Mass Media".
The media are recognized as publicly available sources of personal information, access
personal information in such sources is free and compliance requirements
confidentiality does not apply to them.
2. Media publishers are operators in the collection, storage, transmission and
in other actions with personal information of subscribers of periodicals, subscribers of cable
television and other persons and they are entrusted with the duties of the operator provided for by this
The law.

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Article 17. Cross-border transfer of personal information
1. Cross-border transfer of personal information is the transfer of personal information to the territory
foreign states.
Personal information is subject to cross-border transfer in cases where it is contained in the database
personal data located on the territory of Turkmenistan.
2. In accordance with this Law, the cross-border transfer of personal information to the territory
foreign states is carried out only if these states provide protection
personal information.
3. Cross-border transfer of personal information to the territory of foreign states, not
providing their protection can be carried out in the following cases:
1) there is a written consent of the subject for the cross-border transfer of his personal information;
2) provided for by international treaties ratified by Turkmenistan;
3) provided for by the laws of Turkmenistan, if necessary in order to protect the foundations
constitutional order; human and civil rights and freedoms, health and morality of the population,
ensuring public order, national defense and state security;
4) protection of life, health, other legitimate interests, constitutional rights and freedoms of the subject, or
other persons, if it is impossible to obtain the consent of the subject.
4. Cross-border transfer of personal information to the territory of foreign states can be
prohibited or limited by the legislation of Turkmenistan.

Article 18. Anonymization of personal information
When collecting and processing personal information for statistical, sociological, scientific
researches, the operator or a third party is obliged to depersonalize them.

Article 19. Destruction of personal information
The operator or a third party destroys personal information in the following cases:
1) upon expiration of the storage period;
2) upon termination of legal relations between the subject, the operator, and also a third party;
3) upon entry into legal force of a court decision;
4) in other cases established by this Law and other regulatory legal acts
Turkmenistan.

Article 20. Notification of actions with personal information
1. The operator within one working day notifies the subject of the transfer of his personal information
third party.
2. The requirements of the first part of this article do not apply to the cases:
1) the fulfillment by state bodies of their duties provided for by laws
Turkmenistan, as well as the implementation of advocacy;
2) the collection and processing of personal information for statistical, sociological or
scientific purposes.

Article 21. The procedure for collecting and processing personal information of special categories
1. Collection and processing of personal information of special categories related to nationality, color
skin, attitudes to religion, political beliefs, health conditions, intimate life, not
is allowed, except for the cases provided for in part two of this article.
2. Collection and processing of special categories of personal information specified in part one of this
article is allowed in cases where:
1) the subject has given written consent;
2) personal information is publicly available;

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3) personal information relates to the state of health of the subject and their collection and processing is necessary
to protect his life, health or other vital interests or life, health or other
vital interests of others, and obtaining the consent of the subject is impossible;
4) they are carried out for medical purposes, provided that the employee performs the organs
health care, obliged in accordance with the legislation of Turkmenistan to maintain a medical
secret;
5) they are carried out by the relevant public association or religious
organization acting (acting) in accordance with the legislation of Turkmenistan for
achieving the goals provided for by their constituent documents, provided that personal information
there will be no members (participants) of a public association or religious organization
be distributed without their written consent;
6) they are necessary in connection with the administration of justice;
7) they are carried out during operational-search activities, as well as during
execution of criminal sentences in accordance with the laws of Turkmenistan.
3. The collection and processing of personal information about criminal records is carried out by state authorities in
the limits of authority in cases and in the manner determined by the laws of Turkmenistan.
4. Collection and processing of special categories of personal information provided for in parts two and
the third of this article must be immediately terminated if the reasons are eliminated,
due to which they were carried out.

Chapter III. Protection of personal information
Article 22. Guarantee of protection of personal information
1. Everyone has the right to the protection of their personal information, which should be used
in the prescribed manner for certain purposes and on the basis of the permission of the subject or for other
the grounds provided for by the laws of Turkmenistan.
2. Everyone has the right to access personal information relating to him and to clarify them.
3. Personal information is subject to protection, which is guaranteed by the state.
4. Collection and processing of personal information is carried out only in cases of ensuring their protection.

Article 23. Objectives of protection of personal information
Protection of personal information is carried out through the application of a set of measures, including legal ones,
organizational and technical, in order to:
1) realization of the rights to privacy, personal and family secrets;
2) ensuring their integrity and safety;
3) compliance with confidentiality;
4) realization of the right to access them;
5) preventing their illegal collection and processing.

Article 24. Obligations of the operator, as well as of the third party for the protection of personal
information
1. The operator, as well as a third party, are obliged to take the necessary measures to protect personal
information providing:
1) prevention of illegal access to personal information;
2) timely detection of facts of illegal access to personal information, if such
illegal access could not be prevented;
3) minimization of the adverse consequences of illegal access to personal information.
2. The obligations of the operator, as well as of the third party to protect personal information arise from the moment
they are collected and are valid until they are destroyed or depersonalized.

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Article 25. Protection of electronic information resources containing personal
intelligence
Features of the protection of electronic information resources containing personal information,
are established in accordance with the legislation of Turkmenistan.

Chapter IV. Rights and obligations of the subject and the operator
Article 26. Rights and obligations of the subject
1. The subject has the right:
1) know that the operator or a third party has their personal information, as well as receive
information containing:
a) confirmation of the fact, purpose, sources, methods of collecting and processing personal information;
b) a list of personal information;
c) terms of processing personal information, including the terms of their storage;
2) require the operator to clarify his personal information if there are grounds,
confirmed by relevant documents;
3) require the operator, as well as a third party, to block their personal information in the event of
availability of information on violation of the conditions for their collection and processing;
4) require the operator, as well as a third party, to destroy their personal information, collect and
which were processed in violation of the legislation of Turkmenistan, as well as in other cases,
provided for by this Law and other regulatory legal acts of Turkmenistan;
5) require the operator, as well as a third party, to clarify, block or destroy in
if your personal information is incomplete, outdated, inaccurate or not
necessary for the purposes of their collection and processing;
6) withdraw consent to the collection, processing of personal information, except in cases where
provided for in part two of Article 8 of this Law;
7) give consent (refuse) to the operator to distribute (distribute) his personal
information in publicly available sources;
8) to protect their rights and legitimate interests, including compensation for moral and material
harm;
9) to exercise other rights provided for by this Law and other laws
Turkmenistan.
Collection and processing of personal information for the purpose of promoting goods, works, services on the market, as well as
for the purposes of political agitation is allowed in accordance with the laws of Turkmenistan and only under
subject to the prior consent of the subject.
2. The subject is obliged to submit his personal information in cases established by laws
Turkmenistan.
3. The right of the subject to access his personal information is limited if:
1) collection and processing of personal information, including information obtained as a result of
counterintelligence, intelligence and operational-search activities are carried out in
for the purposes of national defense, state security and law enforcement;
2) the collection and processing of personal information is carried out by the authorities that carried out the arrest
subject on suspicion of committing a crime or charged with
criminal case, or applied a preventive measure to the subject prior to the presentation of charges, for
with the exception of cases provided for by the criminal procedural legislation of Turkmenistan,
if it is allowed to familiarize the suspect or the accused with such personal information;
3) the provision of personal information violates the constitutional rights and freedoms of others.

Article 27. Rights and obligations of the operator
1. The operator has the right to collect and process personal information in the manner prescribed by this
Law and other regulatory legal acts of Turkmenistan.
2. The operator is obliged:

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1) approve the list of personal information necessary and sufficient for the performance of their tasks;
2) take and comply with the necessary measures, including legal, organizational and
technical, to protect personal information in accordance with the legislation of Turkmenistan;
3) provide the subject within one working day upon his request with any personal information,
owned by the subject;
4) comply with the legislation of Turkmenistan on personal information and their protection;
5) take measures to destroy personal information if the purpose of their collection is achieved and
processing, as well as in other cases established by this Law and other regulatory
legal acts of Turkmenistan;
6) provide evidence of obtaining the consent of the subject for the collection and processing of personal information
in cases stipulated by the legislation of Turkmenistan.
Obligation to provide proof of obtaining the consent of the subject for the collection and processing of it
personal information, and in the case of collection and processing of publicly available personal information, the obligation
proving that the collected and processed personal information is publicly available,
assigned to the operator;
7) in case of refusal to provide information to the subject within a period not exceeding one worker
the day from the date of receipt of the appeal, provide a reasoned response;
8) provide information on the availability of personal information of the subject and create an opportunity for him
familiarization with it;
9) clarify, block or destroy at the request of the subject in the event that his personal
information is incomplete, outdated, inaccurate or unnecessary for the purpose
their collection and processing;
10) take measures to protect the rights of the subject;
11) within one working day:
a) clarify personal information on the basis of the relevant documents confirming them
reliability, or destroy if it is impossible to clarify them;
b) block personal information related to the subject, if there is information about
violation of the conditions for their collection, processing;
c) destroy personal information in case of confirmation of the fact of their collection, processing in violation
legislation of Turkmenistan, as well as in other cases provided for by this Law and other
regulatory legal acts of Turkmenistan;
d) remove the blocking of personal information in case of non-confirmation of the fact of violation of the terms of its
collection and processing.
3. Information must be provided to the subject free of charge and in an accessible form, and they do not contain
must contain personal information related to other subjects.
4. If personal information was not obtained from the subject, except in cases where they were
obtained under the law or if personal information is publicly available, the operator prior to
collection and processing of such personal information is obliged to provide the subject with the following information:
1) name (surname, name, patronymic) and address;
2) the purposes of collecting and processing personal information and their legal basis;
3) the intended users of the personal information;
4) the rights of the subject established by this Law.
5. In case of revealing inaccurate personal information or illegal actions with them
the operator, together with the subject, within a period not exceeding three working days, are obliged to eliminate
committed violations, and if it is impossible to eliminate them, destroy the specified personal information,
by which the subject is notified.
6. If the purpose of collecting and processing personal information is achieved, the operator is obliged to immediately
stop these actions and notify the subject about it.
7. If the subject revokes consent to the collection and processing of his personal information, the operator is obliged
stop these actions and destroy personal information within a period not exceeding three workers
days from the date of receipt of the specified review. The subject is notified of the destruction of personal information.

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Chapter V. State regulation in the field of information on
personal life
Article 28. Competence of the Cabinet of Ministers of Turkmenistan
1. Cabinet of Ministers of Turkmenistan:
1) develops the main directions of state policy in the field of information about personal
human life;
2) manages the activities of central and local executive authorities
in the field of information about a person's personal life;
3) approves the procedure for the operator to determine the list of personal information required and
sufficient to carry out their tasks;
4) approves the procedure for the implementation by the operator, as well as by a third party, of measures to protect personal
information;
5) performs other functions assigned to its competence by the Constitution, laws and other
regulatory legal acts of Turkmenistan.
2. The Cabinet of Ministers of Turkmenistan has the right to form an authorized body for the protection of rights
subjects, determine its status and powers.

Article 29. Competence of state bodies
1. State bodies within their competence:
1) develop and approve regulatory legal acts in the field of information about personal life
human;
2) consider inquiries of legal entities and individuals regarding personal information and their
protection;
3) take measures to attract persons who have committed violations of the legislation of Turkmenistan
on personal information and their protection, to the responsibility established by the laws of Turkmenistan;
4) exercise other powers provided for by laws and other regulatory legal
acts of Turkmenistan.
2. With regard to personal information that became known to state authorities in the course of
the conduct of their activities, confidentiality must be ensured.

Article 30. Supervision over compliance with this Law
The Prosecutor General of Turkmenistan and prosecutors subordinate to him supervise
accurate and uniform observance of this Law and other regulatory legal acts
Of Turkmenistan in the field of information about a person's personal life.

Chapter VI. Final and transitional provisions
Article 31. Responsibility for violation of the legislation of Turkmenistan on
personal information and their protection
Violation of the legislation of Turkmenistan on personal information and their protection entails
responsibility in accordance with the laws of Turkmenistan.

Article 32. Procedure for appeal and consideration of disputes
1. Actions (inaction) of the subject or operator, as well as a third party during the collection, processing and
protection of personal information can be appealed in the manner prescribed by law
Turkmenistan.
2. Disputes arising from the collection, processing and protection of personal information are subject to consideration in
the procedure established by the legislation of Turkmenistan.

Article 33. Entry into force of this Law

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1. This Law shall enter into force on July 1, 2017.
2. Collection and processing of personal information carried out in accordance with the legislation of Turkmenistan
prior to the entry into force of this Law, are recognized as meeting the requirements of this Law,
if their further processing and protection are consistent with the purposes of their collection.
The president
Gurbanguly Berdimuhamedov

Turkmenistan

