If the facts of illegal collection or leakage of personal data are discovered, as well as violations of the rules for the use of EDS, citizens can contact the authorized body for the protection of personal data (PO) in any convenient and accessible way that allows them to register an appeal (in electronic form, on paper, by mail or the E-Government portal, by sending appeals to the blog of the head, e-mails to departmental e-mail, etc.).
At the request of citizens and legal entities, in order to establish the fact of an offense and bring to justice, the UO has the right to open an inspection against the violator.
In case of confirmation of an offense, the UO initiates an administrative case and holds accountable for violations provided for in Articles 79, 639, 640 and 641 of the Administrative Code of the Republic of Kazakhstan.
At the same time, a moratorium has been imposed on unscheduled inspections of small businesses until January 1, 2023 (Decree of the President of the Republic of Kazakhstan dated December 26, 2019 No. 229).
However, in relation to small business entities, the UO has the right to initiate an administrative case without conducting an audit on the basis of appeals from individuals and legal entities.
To do this, the appeal must contain sufficient data indicating signs of an administrative offense – materials confirming the fact of the violation, the subject who committed the offense and the timing of its commission.
Anonymous appeals and appeals that do not reflect the essence of the issue (violation) and a specific offender according to the law are not subject to consideration.
Further, after considering the case of an administrative offense, the UO makes a decision on the imposition of an administrative penalty or termination of proceedings in accordance with the current legislation and notifies the applicant of the measures taken.