of March 15, 1999 No. 349-I
About the state secrets
This Law determines the legal basis and single system of protection of the state secrets for the benefit of ensuring national security of the Republic of Kazakhstan, governs the public relations arising in connection with reference of data to the state secrets, their classification, the order, protection and declassification.
In this Law the following basic concepts are used:
the state secrets - the data protected by the state which are the state and office secrets which distribution is limited to the state for the purpose of implementation of the effective military, economic, scientific and technical, foreign economic, foreign policy, intelligence, counterintelligence, operational search and other activity which is not conflicting to the commonly accepted rules of international law;
the information system in the protected execution carried to the state secrets - the information system of limited access intended for creation, search, collection, processing, accumulating, storage, distribution, display, use and consumption of information containing the state secrets;
the electronic information resource containing the data constituting the state secrets - the information provided in electronic and digital form and containing on the electronic medium in the information system in the protected execution carried to the state secrets;
the state secret - data of military, economic, political and other nature, disclosure or loss of which causes or can cause damage to homeland security of the Republic of Kazakhstan;
the official secret - the data having nature of separate data which can be part of the state secret disclosure or loss of which can cause damage to national interests of the state, interests of state bodies and organizations of the Republic of Kazakhstan;
security classification - the details testimonial of degree of privacy of the data containing in their carrier, which are put down on the carrier and (or) in the accompanying documentation on it;
access to the data constituting the state secrets, acquaintance of the particular person with the data constituting the state secrets authorized by the authorized official;
the admission to the state secrets - the procedure of registration of the right of citizens to access to the data constituting the state secrets, and the organizations - on work with use of such data;
classification of data and their carriers - set of actions for restriction for the benefit of ensuring national security of the state of distribution of the data constituting the state secrets and access to their carriers;
carriers of the data constituting the state secrets - material objects, including physical fields in which the data constituting the state secrets find the display in the form of symbols, images, signals, technical solutions and processes;
declassification of data - set of actions for lifting of restrictions with respect for the interests of homeland security of the state established on distribution of the data constituting the state secrets and on access to their carriers;
system of protection of the state secrets - set of bodies of protection of the state secrets used by them means and methods of protection of the data constituting the state secrets and their carriers, and also events held for this purpose;
remedies of the data constituting the state secrets, technical, cryptographic, program and other means intended for protection of the data constituting the state secrets, means in which they are realized, and also control facilities of efficiency of protection of the state secrets;
disclosure of the state secrets - the message, transfer, provision, transfer, the publication or finishing the state secrets by any other methods to legal entities and physical persons which are not granted the right of acquaintance with them;
loss of the state secrets - exit, including temporary, the data constituting the state secrets from legal ownership or use as a result of loss or plunder.
The legislation of the Republic of Kazakhstan on the state secrets is based on the Constitution of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan governing the relations in the field of protection of the state secrets.
1. The purpose of protection of the state secrets is ensuring security from threats of their disclosure and loss.
2. Tasks of protection of the state secrets are:
1) development of system of protection of the state secrets for the purpose of ensuring national security of the Republic of Kazakhstan;
2) regulation of the public relations arising in connection with reference of data to the state secrets, their classification, the order, protection and declassification;
3) determination of the list of the data which are subject to classification, restriction on which distribution is caused by interests of homeland security of the Republic of Kazakhstan;
4) determination of the group of people, the data allowed to works with use constituting the state secrets;
5) development, implementation, application and enhancement of methods and remedies of the state secrets.
The state secrets and carriers of the data constituting the state secrets are property of the Republic of Kazakhstan.
1. Treat bodies of protection of the state secrets:
authorized state body on protection of the state secrets of the Republic of Kazakhstan;
Committee of homeland security of the Republic of Kazakhstan and its bodies;
state bodies and the organizations, their structural divisions on protection of the state secrets.
2. Bodies of protection of the state secrets provide protection of the data constituting the state secrets according to the tasks assigned to them and within the competence. Responsibility for the organization of protection of the data constituting the state secrets in state bodies and the organizations is assigned to their heads. Depending on amount of works with use of the data constituting the state secrets, heads of state bodies and organizations create structural divisions on protection of the state secrets which functions are determined by the specified heads taking into account specifics of the works which are carried out by them according to the regulatory legal acts approved by the Government of the Republic of Kazakhstan.
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