Kazakhstan Ministry says open court data not free to republish after journalist sentenced
This digest was compiled by AI from multiple sources — links to the originals are below.
Kazakhstan's Ministry of Culture and Information said last week that an open court hearing or the publication of a judicial act does not mean personal data contained in it can be freely distributed. The statement followed the three-year prison sentence of journalist Aleksandra Alekhova for spreading personal data taken from open court documents.
Key Facts
- Kazakhstan's law “On Personal Data” permits journalists to collect and process personal data without the subject's consent.
- In 2014 Sergey Naumtsev was convicted of raping and murdering a 15-year-old girl.
- In 2022 Naumtsev sued journalists from the Aktobe newspaper “Diapazon” and the Atyrau outlet “Ak Zhaiyk” for publishing his photograph without consent.
- In 2023 the Constitutional Court ruled that the right to privacy and personal and family secrecy may be restricted when the public good exceeds the harm.
Ministry Statement
Kazakhstan's Ministry of Culture and Information said last week that the mere fact of an open court hearing or the publication of a judicial act does not mean the personal data it contains may be freely distributed. The statement followed the three-year prison sentence of journalist Aleksandra Alekhova, who was convicted of distributing personal data taken from open court documents. Kazakhstan's law “On Personal Data” permits journalists to collect and process personal data without the subject's consent. International law permits disclosure of legally protected secrets in the public interest.
The Naumtsev Case
In 2014 Sergey Naumtsev was convicted of raping and murdering a 15-year-old girl. In 2022 he sued journalists from the Aktobe newspaper “Diapazon” and the Atyrau outlet “Ak Zhaiyk” for publishing his photograph without consent. The court in Aktobe rejected Naumtsev's claim, citing the media law, while the court in Atyrau agreed with him, citing the personal data law. In 2023 Naumtsev asked the Constitutional Court to declare the relevant legislative norm unconstitutional and bar media from publishing a person's photo without consent even in the public interest. The Constitutional Court ruled that the right to privacy and personal and family secrecy may be restricted, and that the public good obtained in a specific situation may exceed the harm caused.
Court Openness
Judicial acts are published by law and may be openly discussed; if there is a risk of disclosing secrets, the court may move the case to closed proceedings, which is the court's responsibility. Two years ago the trial of Kuandyk Bishimbayev was broadcast live nationwide. The Supreme Court's website publishes judicial acts containing large volumes of personal data of citizens involved in various proceedings daily, and discussion of how they should be protected has continued for more than a year.
2 sources
Kazakhstan Ministry says open court data not free to republish after journalist sentenced
