Protection of personal data in Uzbekistan

The concept of "personal data" in Uzbekistan has been actively used from 2019 with the adoption of the new law "On personal data". Personal data can be of different types – biometric, genetic, special personal data and others.

Many of us have faced the processing of our own personal data. For example, when launching a mobile application, a notification often pops up that it is necessary to agree to a Terms of use, which contains a bunch of unnecessary details for the consumer. Pressing the button – "I accept / I agree" means that consumer agrees to the processing of personal data by the mobile application server.

The subject of personal data is an individual to whom personal data belongs.

Do I need consent to the processing of personal data?

The consent of the subject to the processing of personal data is one of the requirements of the law "On personal data". Under the terms of the law, consent to the processing of personal data can be provided in any form that allows to confirm the fact of its receipt (part 1 of Article 21 of the Law). The absence of the subject's consent precludes the legitimacy of personal data processing, and therefore, in commercial activities, the subject's consent is often required on mandatory basis.

In other words, the consent of the subject to the processing of personal data is a fundamentally important element. And for the processing of special personal data, the consent of the subject is required in writing, as well as in electronic form.

Operator — a state body, an individual and (or) a legal entity that processes personal data.

Personal data is processed in all business sectors. However, an insight on current trends shows that often personal data is processed while using mobile applications, as well as social networks, online platforms with e-commerce or any other types of businesses that provide services to Internet users. The new law "On personal data", with subsequent amendments, imposed new legal requirements on operators, thereby the executive authority is now empowered to block/restrict the activities of operators who do not comply with the requirements of the law "On personal data".

Why is Tiktok blocked in Uzbekistan?

The activity of the popular social network Tiktok is limited in the territory of the Republic of Uzbekistan in early 2022. A number of media outlets have published information regarding the reasons for the blocking. In particular, some of media argued about the inadmissibility of Tiktok content, especially among the younger generation of Uzbekistan. However, by the link / it can be seen that Tiktok is included in the register of violators, who breach the requirements of personal data protection.

The reason for the restriction of Tiktok in Uzbekistan is the fact that the Tiktok social network did not “physically” placed its servers, where users' personal data is stored, within the territory of the Republic of Uzbekistan.

The Law "On personal data", i.e. Article 271 of the Law provides that the collection, systematization and storage of personal data should be organized by using technical equipment that is physically located in Uzbekistan and registered in accordance with the established procedure in the State Register for personal data Databases.

Based on the above norm, it follows that any type of processing of personal data of citizens of Uzbekistan must be carried out in Uzbekistan. In addition, the database of personal data is subject to mandatory registration by applying to the State Personalization Center under the Cabinet of Ministers of the Republic of Uzbekistan. At the same time, the law does not specify a specific form for database of personal data, thereby, the operator has the right to independently choose a form for compiling a database of personal data.

The introduction of the Law " On personal data" is the right step in protecting basic human rights, and can also serve as a reason to stimulate consumers' legal awareness. At the same time, this law has a number of flaws in terms of implementation.