KAZAKHSTAN: HOT DEBATE ON PRIVACY PROTECTION LAW

UNCLAS SECTION 01 OF 02 ASTANA 002234 SENSITIVE SIPDIS STATE FOR SCA/CEN, DRL E.O. 12958: N/A TAGS: PGOV PHUM SOCI KDEM KZ SUBJECT: KAZAKHSTAN: HOT DEBATE ON PRIVACY PROTECTION LAW ASTANA 00002234 001.3 OF 002 ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: The National Democratic Institute (NDI) in Kazakhstan co-hosted an "expert meeting" roundtable on December 15 with the Majilis (lower house of the parliament) to discuss recently-signed legislation on protection of personal privacy. Journalists, opposition politicians, and human rights activists discussed with parliamentarians and law enforcement officials their interpretations of the new legislation. The opposition has derided the law as a maneuver to curb free speech, yet those invited to the podium kept their commentary relatively tame and predictable. The fiery rhetoric came during the open-microphone session where journalists and opposition politicians sounded off on conspiracy theories, allegations of bureaucrats' adulterous behavior, and personal strategies on methods to avoid telephone eavesdropping. END SUMMARY BACKGROUND ON THE NEW LEGISLATION ¶3. (SBU) On December 8, President Nursultan Nazarbayev signed legislation "On the Protection of the Rights of Personal Privacy." The law, which comes into effect on December 25, broadens the definition of personal information in the civil and criminal codes and prohibits the collection, dissemination, and publication of such information. The law also prohibits the use of illegally-obtained personal information as evidence in criminal investigations. ¶4. (SBU) The new law prohibits any "unsanctioned interference into an individual's private life," including the use or acquisition of any written, audio, or video material related to a person's private life. It introduces jail terms for those who illegally obtain and disseminate private information. The new legislation limits the ability of investigators to use "technical means" to gather evidence against an individual. The Procurator General's Office (PGO) is responsible for ensuring legal compliance during investigations and guaranteeing that the privacy rights of the accused remain within the law. LAW ON PRIVACY STAYS TRUE TO ITS NAME ¶5. (SBU) During parliamentary consideration of the legislation, media watch-dog NGOs and journalists expressed concern that the new law would limit investigative journalism. In July, NDI offered to organize a roundtable to stimulate debate and create a constructive dialogue among lawmakers and concerned constituents, journalists, and opposition leaders. However, the draft law was not publicly released, and details on the final version remained unknown until it reached President Nazarbayev's desk in mid-November. Therefore, NDI only succeeded in its efforts to coordinate a privacy-legislation roundtable after the law's passage. Perhaps coincidentally, the law was published on the same day as the roundtable. (NOTE: Kazakhstani legislation mandates publication of new laws within ten days of the President's signature. END NOTE.) PRAISE FROM THOSE WHO CREATED THE LAW ¶6. (SBU) Members of parliament at the roundtable uniformly agreed on the need for a precise definition of privacy rights. Legislators argued that it will protect citizens from unauthorized disclosure of personal information, including bank account balances, medical files, and the publication of personal family matters and secrets. Retired Supreme Court Justice Raisa Yurchenko, who chaired the roundtable, commented that the law "allows [our] focus to remain on politics, not extraneous elements that ultimately taint dialogue and discussion." CAREFUL CRITICISM FROM LEGAL EXPERTS ¶7. (SBU) Daniyar Kanafin, member of the Almaty Bar Association, asserted that the legislation was rushed without proper discussion and analysis. He criticized as a distinct conflict of interest the new role of the PGO as the investigation arbiter, and called for an independent office to handle such oversight. He challenged ASTANA 00002234 002.3 OF 002 politicians to consider themselves public servants and regularly disclose information to eliminate suspicion and serve as examples to their constituents. Kanafin declared that this legislation releases politicians from "any expectations of morality." ¶8. (SBU) Leila Ramazanova, a lawyer for the Bureau for Human Rights and Rule of Law, expressed hope that the law would help to prosecute government officials that use blackmail as a tool of persuasion. Ramazanova related an incident where an official from the Kostanai Oblast akimat (governor's office) used a salacious videotape to blackmail someone. CRITICS DECRY LAW AS A SHIELD FOR IMMORAL BUREAUCRATS ¶9. (SBU) Seitkazy Matayev, Chairman of the Union of Journalists, was significantly less reserved in his comments. He derided the restraint of other speakers and wondered aloud why more people were not outraged at "the blatant efforts by the government to eliminate free speech." After challenging everyone in the room to speak with candor, he followed his own advice and alleged that the law officially sanctions "politicians who frequent restaurants and saunas with their mistresses rather than their wives." Zauresh Battalova, former opposition parliamentarian and director of the Polyton discussion club, agreed with Matayev, asserting that the law implicitly permitted double-marriages among bureaucrats, "the norm since the government moved from Almaty to Astana." She claimed that the situation will not improve as long as the first lady of Kazakhstan continues to reside in Almaty while "unofficial first ladies" reside in Ak-Orda. Vladimir Kozlov, leader of the unregistered opposition party "Alga," asserted the law's irrelevance because "the primary violator of personal privacy is the government." He declared that he carries five mobile telephones -- "not because I am a fan of technology, but to challenge the authorities' monitoring." ¶10. (SBU) COMMENT: Several analysts have speculated that the privacy law, much like the Internet law, has a singular purpose -- to prevent a repetition of the release of damaging recordings, such as those of made by Rakhat Aliyev, the President's former son-in-law. Nonetheless, the law contains some provisions that could be used to significantly limit Kazakhstan's nascent investigative journalism. We will encourage Kazakhstan to implement the legislation in full compliance with its OSCE commitments on freedom of expression and the mass media. END COMMENT. HOAGLAND