Law note · Tajikistan
Law on the Protection of Personal Data, localization and cross-border transfer
What it requires
- An app storing or processing the personal data of individuals in Tajikistan, including a voiceprint or other biometric identifier, must by default keep the database exclusively inside Tajikistan, unless it has an arrangement agreed with the authorized state body for personal data protection. Transferring that data abroad separately requires the subject's consent, a ratified treaty, statutory necessity, or protection of constitutional rights where consent cannot be obtained.
When LexLint raises it
crawls_webtrains_modelsdeploys_chatbotprocesses_biometricsprocesses_voice
What we found
Art. 14, read in context, establishes a domestic-database default: storage of personal data in a database located exclusively in Tajikistan is carried out by the possessor, operator, and third party, except in cases agreed with the authorized state body for personal data protection, a regulator-approval escape valve rather than an absolute rule or an enumerated exception list.
Art. 18, "Cross-border transfer of personal data" (confirmed by a reviewer pass reading its own clean heading, resolving the research pass's approximate attribution), permits transfer to a state ensuring adequate protection under this Law, and permits transfer to a state that does not on any of four grounds: subject or legal-representative consent; an international treaty Tajikistan recognizes; statutory necessity for the constitutional order, public order, human and civil rights, health and morals, or national defense and security; or protection of constitutional rights where consent cannot be obtained, the same four-ground structure found in Kazakhstan and Uzbekistan.
Transfer generally may also be prohibited or restricted for the same constitutional-order, morals, health, rights, defense, or security reasons, the same reservation clause found across this batch. The two provisions answer different questions: a default in-country database with a regulator-approved exception, plus a separately conditioned general transfer regime.
Art. 27 provides that the Law is brought into force after its official publication; the Ministry of Justice's own legal acts portal records the document's start of effect as 3 August 2018, the same day it was signed.