ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of April 29, 2022 No. 144/Tax Code

About approval of Rules of functioning of the state service of access control to personal data

According to subitem 7-2) of Item 1 of article 27-1 of the Law of the Republic of Kazakhstan "About personal data and their protection" and subitem 268-1) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501, I ORDER:

1. Approve the enclosed Rules of functioning of the state service of access control to personal data.

2. To provide to committee on information security of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 29, 2022 No. 144/Tax Code

Rules of functioning of the state service of access control to personal data

Chapter 1. General provisions

1. These rules of functioning of the state service of access control to personal data (further - Rules) are developed according to subitem 7-2) of Item 1 of article 27-1 of the Law of the Republic of Kazakhstan "About personal data and their protection" (further - the Law), subitem 268-1) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501 and determine procedure for functioning of the state service of access control to personal data.

2. In these rules the following basic concepts are used:

1) the SMS gateway of Single contact center "1414" - component of "the electronic government" for departure and acceptance of Sms;

2) authentication token - electronic key, in the form of set of certain number of digits and letters, intended for additional check of authenticity of the initiator and (or) the operator;

3) bank - the legal entity, being the commercial organization which according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" is competent to perform banking activity;

4) the initiator - the information system initiating request for access to personal data;

5) verification token - the electronic key in the form of set of certain number of digits and letters intended for assurance of receipt of consent by the initiator and (or) operator from the subject of personal data;

6) personal data - the data relating to the subject of personal data determined or determined on their basis, fixed on electronic, paper and (or) other material medium;

7) the state service of access control to personal data (further - the state service) - the service providing information exchange of owners and (or) operators, the third parties with the subject of personal data and authorized body in case of access to the personal data containing in objects of informatization of state bodies and (or) the state legal entities including obtaining from the subject of personal data of consent to collection, personal data processing or their transfer to the third parties;

8) the subject of personal data (further - the subject) - physical person to which personal data belong;

9) the owner of the base containing personal data (further - the owner) - the state body, the physical and (or) legal entity exercising right of possession, uses and orders of the base containing personal data according to the laws of the Republic of Kazakhstan;

10) the operator of the base containing personal data (further - the operator) - the state body, the physical and (or) legal entity performing collection, processing and personal data protection;

11) authorized body in the field of personal data protection (further - authorized body) - the central executive body performing management in the field of personal data protection;

12) safety token - the electronic key in the form of set of certain number of digits and letters in the JWT format intended for information security support of the user is also used for identification of its owner;

13) the service provider - the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts, and also the physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan;

14) base of mobile citizens (further - BMG) - single base of subscriber numbers of cellular transmission network of users of "the electronic government";

15) the SMS gateway of Single contact center "1414" of the information system "Mobile Government" - component of "the electronic government" for departure and acceptance of Sms;

16) pro-active service - the state service rendered without statement of uslugopoluchatel at the initiative of the service provider;

17) the operator of information and communication infrastructure of "the electronic government" (further - the operator of "the electronic government") - the legal entity determined by the Government of the Republic of Kazakhstan to which ensuring functioning of the information and communication infrastructure of "the electronic government" assigned to it is assigned;

18) the gateway of "the electronic government" (further - ShEP) - the information system intended for integration of objects of informatization of "the electronic government" with other objects of informatization of "the electronic government".

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