Civic and political leaders from across Kazakhstan came together recently to debate and discuss the merits of a new privacy bill that would introduce tough new punishments for those convicted of invasion of privacy.

The law, signed by President Nursultan Nazarbayev in December, prohibits any "unsanctioned interference into an individual's life," including the use or acquisition of any written, audio or video material related to a person's private life. The government asserts that the law provides greater protection of citizens' privacy. But journalists, opposition leaders and civic activists say the law does not distinguish between private citizens and public officials, potentially leading to harsh punishments for anyone who criticizes or scrutinizes public officials.

To promote transparency in the policy-making process, NDI organized a conference in December that brought together proponents and opponents to debate the merits and concerns about the new privacy law. The conference was moderated by a former Kazakhstani Supreme Court justice and included members of the country's constitutional council, Supreme Court, both chambers of parliament, several ministries, the prosecutor general's office, diplomatic missions, international organizations, and leading Kazakhstani NGOs and political parties.

The goal of the conference was to discuss the new law, which critics hoped might resolve potential problems in how it would be carried out. Daniyar Kanafin of the Almaty Collegium of Advocates noted that the law fails to provide for independent judicial oversight of investigations and does not distinguish between collection of evidence in legal cases and investigations instigated by secret police and conducted in secret without probable cause. Representatives of legal organizations, including the Union of Lawyers of Kazakhstan and the Almaty Bar Association, called for amendments to distinguish between public officials and private citizens and to protect attorney-client privilege by guarding lawyers against searches and wiretapping. Media organizations, such as the Union of Journalists of Kazakhstan, MediaNet and Adil Soz, raised concerns about the law's provisions on criminal liability, which allow for up to five years imprisonment for privacy violations.

Following a day of discussion, the participants agreed that the law needed to be revisited although they did not agree on what specific changes were needed. The participants agreed to conduct a public information campaign to educate Kazakhstanis about their privacy rights and the new law. NDI will work with civic groups, led by the Kazakhstan International Bureau for Human Rights and the Rule of Law, to help them plan and carry out campaigns encouraging open dialogue among parliamentarians, government officials and citizens about potential revisions to the law and its enforcement.

Kazakhstan recently assumed the chairmanship of the Organization for Security and Cooperation in Europe (OSCE). In this role, the government is expected to adhere to the OSCE's core principles on democracy and human rights. To help government institutions live up to these commitments, NDI has been working with political parties and civic groups to encourage the Kazakhstani government to improve the political, legal and regulatory environment for political participation in the country. The Institute has conducted a series of dialogues, including the one on the privacy law as well as others on such issues as citizen-government engagement and Internet freedom, that have been attended by participants from around the country.

Published on February 23, 2010