Article 38. Protection of the rights of users of the mail operator's services The Law on Mail

Home / RLA / Article 38. Protection of the rights of users of the mail operator's services The Law on Mail

1. The protection of the rights of users of the mail operator's services to provide them with proper quality services by mail operators, to receive information about the provision of services, as well as the mechanism for exercising such rights are regulated by the Law of the Republic of Kazakhstan "On Consumer Rights Protection".

2. When providing postal services, the mail operator collects, accumulates, uses and stores personal data of the user of the mail operator's services in accordance with a single list of personal data of users of the mail operator's services necessary and sufficient for the provision of services by the mail operator, approved by the authorized body.

Before receiving or handing over a postal item, mail operators are required to obtain an application (consent) from the user of the mail operator's services for the collection, accumulation, use and storage of personal data. Such consent is selected electronically using an electronic digital signature or in any other way that confirms receipt of consent, using automated (electronic) devices, equipment or through information systems through the state service for access control to personal data in accordance with the Law of the Republic of Kazakhstan "On Personal Data and their Protection" or on paper against signature

When a mail operator provides a universal postal service, personal data is collected, accumulated, used and stored without the consent of the user of the mail operator's services or his legal representative.

3. Registered mail items are sent by the user of the mail operator's services personally or by his representative by presenting the sender's identity document at the postal operator's reception point, or through the postman or courier of the mail operator. If the sender refuses to provide consent to the collection, accumulation, use and storage of personal data, the mail operator is obliged to refuse to send mail to the user of the mail operator's services.

4. When receiving a registered mail item, the mail operator collects, accumulates, uses and stores the recipient's personal data without his consent. When a registered mail item is delivered by the mail operator to a user of the mail operator's services, the recipient presents an identity document and consents to the mail operator to collect, accumulate, use and store personal data. If the recipient refuses to provide consent to the collection, accumulation, use and storage of personal data, the mail operator does not deliver the postal item to the recipient and is obliged to send the postal item back to the sender.

Consent to the collection, accumulation, use and storage of personal data is selected electronically using an electronic digital signature or in any other way that confirms receipt of consent, using automated (electronic) devices, equipment or through information systems through the state service for access control to personal data in accordance with the Law of the Republic of Kazakhstan "On Personal Data and their protection" or on paper under signature.

5. Postal operators and bodies engaged in operational search and counterintelligence activities that gain access to personal data ensure confidentiality by complying with the requirements not to allow their dissemination without the consent of the subject or his legal representative or the presence of other legitimate grounds.

The Law of the Republic of Kazakhstan dated April 9, 2016 No. 498-V SAM.

This Law establishes the legal basis of activity and regulates public relations in the field of mail in the territory of the Republic of Kazakhstan, defines the rights and obligations of subjects of postal activity, the competence of state bodies in the field of mail.

President

Republic of Kazakhstan

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