The Republic of Kazakhstan is one of the world leaders in the development of digitalization. President Kassym-Jomart Tokayev has declared the current year, 2026, as the Year of Digitalization and Artificial Intelligence Development. The corresponding Decree was signed by the Head of State on January 6, 2026. The new Constitution, adopted through a national referendum, has created the constitutional foundations for achieving this goal. Let us turn to the provisions of the Basic Law. It should be noted that the new Constitution comes into force on July 1 of this year.

Thus, the Preamble to the Constitution identifies culture and education, science and innovation as core values. This idea finds direct expression in the following provisions. Article 1 establishes that the individual, their life, rights, and freedoms are the highest values of the state. Undoubtedly, the most important thing in the country is its people. Their lives, security, rights, and freedoms are paramount, and the state undertakes and is obliged to protect them.

A novelty is paragraph 2 of Article 3: "The Republic of Kazakhstan recognizes the development of human capital, education, science, and innovation as a strategic direction of state activity." That is, the state considers it critically important to develop education, support science, introduce new technologies and innovations, and invest in the development of people (their knowledge, skills, and health). This is the development of human capital. In doing so, the state is betting on smart, educated, and professional people.

The development of digitalization and the application of artificial intelligence place great responsibility on state bodies and officials. This is especially true regarding the use of personal data and the protection of honor and dignity. In this regard, paragraph 6 of Article 15 is particularly significant: "Every person has the right to compensation by the state for harm caused by unlawful actions of state bodies or their officials." This establishes a mechanism for protecting human rights through compensation for damage caused by the state, creating a mechanism for state accountability. This means that harm caused by unlawful actions of authorities or their officials must be compensated by the state. Thus, every person should understand that they are under the protection of the state and can seek help in any situation.

Directly linked to this article are the provisions of the new Constitution concerning digital rights, set out in Articles 20 and 21. According to Article 20, "Human honor and dignity are inviolable and protected by law." Honor and dignity are fundamental moral and ethical categories and intangible benefits protected by law.

Honor (external evaluation): integrity, reputation in the eyes of others (colleagues, acquaintances), which depends on one's behavior. Dignity (internal evaluation): self-respect, awareness of one's rights and worth, inherent to every person from birth. These concepts are inseparable; they determine a person's behavior based on moral principles, honesty, and conscience.

No one may humiliate a person or insult their honor and dignity – the law stands on their side. If someone disseminates false information that defames a person's reputation, uses insults or humiliation, that person has the right to protection and to have justice restored. For example, false information is spread online that a person has committed a crime or behaved unworthily, even though this is not true. As a result, their reputation suffers, people begin to distrust them, and they may lose their job or the respect of those around them. In such a situation, the person has the right to go to court to demand a retraction of the false information, its removal, and compensation for moral damages. The law protects their honor and dignity, and no one has the right to humiliate or defame their name with impunity.

Article 21 possesses exceptional novelty:

"1. The right to privacy, personal and family secrets, and the protection of personal data from their unlawful collection, processing, storage, and use, including through the use of digital technologies, is guaranteed by law.

1. The secrecy of banking operations, personal deposits and savings, correspondence, telephone conversations, postal and other communications transmitted by means of communication, including through the use of digital technologies, is protected by law. Restriction of this right is permitted only in cases and in accordance with the procedure established by law.
2. State bodies, public associations, officials, and mass media are obliged to provide every person with the opportunity to familiarize themselves with documents, decisions, and sources of information that affect their rights and interests."

This article is directly connected to new technologies and the emergence of the digital environment. It specifically emphasizes that the law guarantees the right to privacy, personal and family secrets, and the protection of personal data from their unlawful collection, processing, storage, and use, including through the use of digital technologies. Personal data is any information about a person that allows them to be identified. State bodies, banks, and employers are responsible for storing personal data.

The Constitution specifically draws everyone's attention to the fact that a person must be protected and has the right to the preservation of personal and family secrets. This guarantee fully complies with all international standards and norms governing human rights protection.

It also enshrines the protection of the secrecy of banking operations, personal deposits, correspondence, mail, telephone conversations, electronic messages, and other communication channels. Restriction of this right is possible only by law – for example, in the context of criminal investigations and by court decision.

This provision obliges state bodies, public associations, officials, and the media to provide citizens with access to documents and decisions that affect their rights and interests. This ensures a balance between the right to privacy and the right to information.

Thus, we believe the following conclusions can be drawn:

1. The Republic of Kazakhstan has established a strong constitutional foundation for the development of digitalization and the use of artificial intelligence in all spheres. At the same time, special attention is paid to the responsibility of state bodies and officials for the protection of citizens' digital rights.
2. Our country has created a legal framework for the development of digitalization. The Law "On Personal Data and Their Protection" has been in effect since 2013, a new Law "On Artificial Intelligence" was adopted in 2025, and a new Digital Code will soon enter into force. In this regard, it is necessary to enhance the digital literacy, cyberculture, and overall legal culture of Kazakh society.
3. A great responsibility rests on educational organizations at all levels, and especially on higher education institutions. New educational programs are needed regarding the integration of digitalization and artificial intelligence into all spheres of society. We believe that it is through the use of digital technologies that the Republic of Kazakhstan will become a civilized country in the new technological era.

Alua IBRAYEVA,
Doctor of Law, Professor at Al-Farabi
Kazakh National University