Privacy Law at Azerbaijan
Azerbaijan's primary legislation governing personal data protection is the Law on Personal Data (No. 998-IIIQ), enacted on May 11, 2010. This law outlines the principles, rights, and obligations related to the collection, processing, and protection of personal data within the country.
Legal Framework
1. Principles of Personal Data Processing
The law establishes several key principles for personal data processin:
Lawfulness and Transparency Data must be processed lawfully and transparentl.
Purpose Limitation Data should be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purpose.
Data Minimization Only data necessary for the intended purpose should be collecte.
Accuracy Data should be accurate and kept up to dat.
Storage Limitation Data should be kept in a form which permits identification of data subjects for no longer than necessar.
Integrity and Confidentiality Data must be processed securely.
2. Conditions for Data Processing
Personal data may be processed under the following condition:
Consent The data subject has given explicit consent.
Legal Obligation Processing is necessary for compliance with a legal obligation
Vital Interests Processing is necessary to protect the vital interests of the data subjec.
Public Interest Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authorit.
Legitimate Interests Processing is necessary for the purposes of legitimate interests pursued by the data controller or a third part.
3. Rights of Data Subjects
Individuals have the following rights concerning their personal data:
Right to Information The right to be informed about the collection and use of their personal data.
Right to Access The right to access their personal dat.
Right to Rectification The right to correct inaccurate or incomplete data.
Right to Erasure The right to have their data erased under certain condition.
Right to Object The right to object to the processing of their data.
Right to Data Portability The right to receive their data in a structured, commonly used, and machine-readable forma.
Right Not to Be Subject to Automated Decisions The right not to be subject to decisions based solely on automated processing.
4. Security Measure
Data controllers are required to implement appropriate technical and organizational measures to ensure the security of personal data. This includes protecting data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
⚖️ Enforcement and Penalties
The Ministry of Digital Development and Transport is responsible for overseeing the implementation of the personal data protection la. Violations of the law can result in administrative fine:
Severe Violations Up to AZN 50,000 (approximately USD 29,400.
The law permits the cross-border transfer of personal data under specific conditions:
*Adequate Protection: The destination country ensures an adequate level of data protection.
*Consent: The data subject has given explicit conset.
*Contractual Necessity: The transfer is necessary for the performance of a contract.
Transfers that could compromise national security or public order are prohibited.
📌 Conclusion
Azerbaijan's Law on Personal Data establishes a comprehensive framework for the protection of personal data, aligning with international standad.Organizations operating in Azerbaijan must ensure compliance with the law's provisions to protect individuals' privacy rights and avoid potential sanctions.
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