Data Loss and Internet Shutdowns: What Violates Digital Rights of Kazakhstanis?

They are the same universal human rights, but in the digital environment. For example, they refer to the right to privacy, right of free speech and right to data protection. They also include the right to free internet access.

For the same reason why universal human rights are important: they provide an opportunity to live a decent life, get access to social and other benefits, and many other things. Ex-UN High Commissioner for Human Rights Michelle Bachelet in her speech at the Centre for Human Rights and Global Justice said that despite the benefits delivered by digital technology to the humankind, their development has specific risks. For example, data collection is already happening on an industrial scale.

“More and more aspects of our lives are being digitally tracked, stored, used – and misused,” said Michelle Bachelet. And that is not all. According to Michelle Bachelet, “Threats, intimidation, and cyber-bullying on the internet lead to the real world targeting, harassment, violence and murder, even to alleged genocide and ethnic cleansing. Failure to take action will result in further shrinking of civic space, decreased participation, enhanced discrimination, and a continuing risk of lethal consequences.” In order to avoid all of these, digital rights must be strictly enforced.

The same rights exist both in virtual and in real world. Therefore, all universal rights set forth in the Universal Declaration of Human Rights have the same force in the digital environment. At the state level, governments of various countries also adopt laws to protect digital rights of their nationals. For example, the European Commission signed the declaration on digital rights and principles at the end of last year. And in Finland, every citizen has a guaranteed access to the communication channel at the minimum rate of 1 megabit per second according to the constitution.

Universal rights in the online environment of Kazakhstan are guaranteed, according to Yelzhan Kabyshev, expert in digital rights and director of Digital Paradigm. For example, the Constitution reads that a person has a right to seek, get and spread information. This is equally true for both offline and online reality. However, there are drawbacks: in Kazakhstan, the right to internet access is not set forth in law, unlike in Finland. It should be noted that currently Kazakhstan is developing the Digital Code to regulate the use of digital technologies, the procedure of operation of digital platforms and ecosystems, Big Data, as well as to ensure digital rights of citizens.

Only the state may violate human rights. These can be the right of free speech, right to seek, get, transfer and spread information. For example, violation of these rights may include internet shutdown or blocking of individual websites.

If we speak about the situation where one person is a swindler, and the other is the victim of the swindler, these cases are individual criminal or administrative offences.

Not always. Yelzhan Kabyshev said that it is important to understand the grounds for restricted access to a website. The most important thing is that access may be restricted only in case of a reported violation of the law. For example, there is a reasonable limitation of various resources, which belong to terrorist organisations or help spread narcotics. In such cases, blocking of websites is not the violation of human rights.

According to the UN, internet shutdown violates human rights and contradicts the international law. Moreover, Kazakhstan has no documents specifying that mobile communication and internet must be disabled during election processes or peaceful assemblies.

According to Yelzhan Kabyshev, such shutdowns may not be called legitimate as their purpose is unclear. But it is difficult to prove that internet shutdown undermined human rights, “Because the authorities do not provide information on who’s to blame for a local internet shutdown. Communication providers also keep silent about it.”

According to Yelzhan Kabyshev, if the state acted according to the recommendations specified in the UN report on internet shutdowns, it would be easier to find the parties in fault.

This question is about the quality of services, not digital rights, because the law in Kazakhstan does not secure the right to internet access. “A communication provider can be held liable for low quality services if the internet speed is low,” Yelzhan Kabyshev said.

It is valid if the village has a communication provider and the contract guarantees quality provision of services.” According to Yelzhan Kabyshev, the right to internet access must be secured in law with a certain guaranteed speed, e.g., 1 megabit per second. “Because this is the future. We are now facing the large-scale digitalisation, and it is difficult to get a whole range of services necessary for a person without internet.”

“No doubt,” said Yelzhan Kabyshev. “According to the law ‘On personal data and protection’, these organisations must ensure security of personal data. If they don’t comply with the law, they can be held liable.”

First, you can send a request to the organisation, where your data leaked from, to confirm or deny the fact of leak.

Second, you can send a request to the Information Security Committee, which is the authority responsible for protection of personal data. It must accept the request and start the process of checking the organisation that experienced the data leak. If the fact of leak and failure to take measures to protect personal data is established, the organisation may be brought to justice.

Third, if the personal data leak causes moral damage (e.g., scammers start making phone calls to you), you can ask for compensation in your request.