New Constitution strengthens digital rights, says Ekaterina Smyshlyayeva

— Ekaterina Vasilyevna, the draft Constitution explicitly guarantees the right to personal data protection, including through digital technologies. Was this step anticipated?

— This is not just an expected step, it is a necessary one. Kazakhstan has been steadily pursuing the digitalization of public services and various sectors of the economy. We live in a digital environment: we access services online, make payments, and sign contracts digitally. In this context, the protection of personal data and privacy must be guaranteed at the highest level - at the constitutional level. A constitutional provision lays the foundation for the entire regulatory system and gives citizens a clear assurance: their confidentiality is protected, whether it concerns a government agency or a private company.

— Does this mean that responsibility for data protection will extend beyond government services?

— Absolutely. The constitutional guarantee applies to all entities -government bodies, businesses, and individuals. Anyone participating in digital processes is required to comply with personal data protection laws. This creates a unified legal framework and strengthens trust in the digital environment.

— Once the Constitution is adopted, legislation will need to be adjusted. How well does the current Digital Code align with these new principles?

— The adopted Digital Code already largely reflects the spirit of the constitutional changes. It includes a dedicated chapter on human rights in the digital space, covering digital identity and the management of personal data. However, the constitutional provision will strengthen the administrative mechanisms for enforcing these rights. This is not just a declaration of rights but also the creation of an effective system for their protection and oversight.

— What is meant by the right to a digital identity?

— It refers to the protection of the collection of information about a person that forms their digital profile. In information systems, we exist as a set of data. If this digital identity is compromised, the consequences can be serious. Therefore, digital identity is considered a personal, non-property interest, and its protection is becoming a distinct area of legal regulation.

— What tools are provided for managing personal data?

— The Code establishes the right to request the cessation of data processing, as well as the deletion or anonymization of data, provided this does not violate the law. This is the principle of controllability over personal information. In addition, the Code provides for the creation of a personal digital space for citizens, where information about significant legal actions and data requests will be accumulated. This allows individuals to manage their digital footprint.

— The draft Constitution also enshrines the protection of intellectual property. Why is this particularly important now?

— We are transitioning from an industrial economy to a knowledge-based economy. Creative and scientific work is becoming a key asset. Enshrining intellectual property protection at the constitutional level creates favorable conditions for the development of the IT sector, startups, and scientific research. For example, software code is protected as copyrighted material. It is crucial for developers to know that their work is safeguarded under Kazakhstan’s jurisdiction.

— How does this relate to the development of artificial intelligence?

— With the rapid growth of generative technologies, it is important to maintain balance. Works that involve human creative input are eligible for protection, while products created entirely by machines without human involvement are treated differently. The Constitution also guarantees the author’s right to limit the use of their works for training generative models, helping to protect the interests of the creative community.

— Can we say that the constitutional changes lay the foundation for a new economic model?

— Yes. The preamble of the draft emphasizes a focus on the values of science, education, and innovation. This reflects a strategic shift toward developing a knowledge-based economy. Kazakhstan has several advantages: a digitally open society, talented youth, regulatory flexibility, and special legal frameworks such as Astana Hub and the Astana International Financial Centre. Enshrining the principles of digital rights and intellectual property protection at the constitutional level strengthens the country’s appeal for investment and technological development.

Earlier, Qazinform News Agency reported that around 10,000 suggestions from citizens on draft Constitution have been reviewed.