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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 24, 2022 No. 429

About approval of Rules of reference of data to office information of limited distribution and work with it

According to item 4 of Article 45 of the Administrative procedural Procedure Code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of reference of data to office information of limited distribution and work with it.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective from the date of its first official publication, except for Items 12, of 13, of 14 Rules of reference of data to office information of limited distribution and work with it which become effective since January 1, 2024.

Prime Minister of the Republic of Kazakhstan

A. Smailov

Approved by the Order of the Government of the Republic of Kazakhstan of June 24, 2022 No. 429

Rules of reference of data to office information of limited distribution and work with it

Chapter 1. General provisions

1. These rules of reference of data to office information of limited distribution and work with it (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan and determine procedure for reference of data to office information of limited distribution and work with it, and also registrations, accounting, reproduction, storage, use, selection and transfer on the state storage and allocations to destruction of the documents, cases and editions containing office information of limited distribution for all state bodies and the organizations (further – the organizations).

2. These rules do not extend much works with the office information containing the state secrets of the Republic of Kazakhstan.

3. To the office information of limited distribution fixed in documents, cases and editions, electronic and other media with marks "For office use" (further – "chipboard") and (or) "Is confidential", data, restrictions for which distribution are dictated by office need, belong.

Open publication is understood the publication of materials in open seal (including, placement on Internet resource), their transfer on radio and television, announcement at open conferences, meetings, symposiums, demonstration in movies, exhibiting in the museums, at exhibitions, as public protection of research and development works, deposition of manuscripts.

4. Persons using office information of limited distribution in work fulfill requirements for information security, storage and nondisclosure of the data received by them on duty.

5. The workers allowed to work with office information of limited distribution bear responsibility according to the laws of the Republic of Kazakhstan for violation of requirements of these rules.

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in the laws then are applied rules of the international treaty.

6. In these rules the following concepts are used:

1) protection of office information of limited distribution – acceptance of the legal, organizational and technical measures directed to exception of illegal disclosure, access, destruction, change, copying and other wrongful acts concerning such information;

2) information – the information about persons, objects, facts, events, the phenomena and processes received or created by the owner of information, fixed on any medium and having the details allowing to identify it;

3) confidential information – all types of information (including commercial, bank, tax, notarial, medical (the secret of the health worker), personal, lawyer secrets) concerning which according to the legislation of the Republic of Kazakhstan, acts of the bodies of the Eurasian Economic Union entering the right of the Eurasian Economic Union, international treaties access is limited (confidentiality is established), that is it is established obligatory for accomplishment by person who got access to this information, the requirement not to transfer (not to disclose) such information to the third parties without written consent of its owner if other is not provided by other regulatory legal acts;

4) disclosure of office information of limited distribution – action (failure to act) as a result of which office information of limited distribution in any possible form (oral, written, other, including with use of technical means) without written consent the owner of the specified information becomes known to the third parties to whom the admission to such information is not provided by the owner of information according to the legislation of the Republic of Kazakhstan, international treaties and these rules;

5) loss of office information of limited distribution – exit, including temporary, office information of limited distribution from legal ownership or use as a result of loss or plunder;

6) the central commission of experts of state body on protection of office information of limited distribution marked "chipboard" (further – TsEK) is the advisory advisory body created by the decision of the first head of state body for consideration of the questions connected with documents and information marked "chipboard";

7) the electronic medium – the material carrier intended for storage of information electronically, and also record or its reproduction by means of technical means;

8) the electronic medium marked "chipboard" – the material carrier intended for processing of office information of limited distribution electronically, and also record or its reproduction by means of technical means on which the service of information security resolves processing of office information of limited distribution;

9) information system – the organizational ordered set of the information and communication technologies, service personnel and technical documentation realizing certain technological actions by means of information exchange and intended for the solution of specific functional objectives;

10) file messages – type of the cryptographic message intended for exchange of information between correspondents of networks of the encoded communication.

7. The organization of work with office information of limited distribution in the organizations assumes:

1) registration, execution and control of execution of documents;

2) the direction of the performed and processed documents to addressees or in the corresponding cases according to the nomenclature of cases;

3) transfer of the cases finished by clerical work to departmental archive;

4) preparation of cases for transfer on the state storage to the relevant Public Records Office.

Chapter 2. Procedure for reference of data to office information of limited distribution marked "For office use" and (or) "Is confidential"

8. Control of justification of putting down on documents, cases and editions of mark of "chipboard" and (or) "Is confidential" in case of their registration, and also procedure for the address (accounting, destruction, storage, control of their address and observance of restrictive requirements for their use) with the documents containing data marked of "chipboard" (including in electronic document management system), it is assigned to service of documentary ensuring management (further – service of preschool educational institution) the organizations, procedure for use of electronic media – to service of information security.

9. Marks of "chipboard" are appropriated to the documents, cases and editions containing office information of limited distribution, and also the electronic media containing such documents and (or) "Is confidential".

10. State bodies develop the corresponding departmental lists of the in-house documents which are subject to restriction marked by "chipboard" (further – VPSD "chipboard"), the open publication or disclosure of which can cause damage to interests of the organization. The specified lists affirm the order of the first head of state body.

Office information of limited distribution is determined by TsEK of state body degree of the damage influencing much observance of ministerial procedures which can be caused to the organization owing to disclosure or loss of the specified data.

The term of assignment of office information of limited distribution of mark of "chipboard" depends on its content and is determined by the decision of TsEK of state body in case of development of VPSD "chipboard", at the same time term shall not exceed 15 years which can be extended by the decision of TsEK of state body.

Reasons for need of reference of data to office information of limited distribution according to assignment of mark of "chipboard" are assigned to the organizations by which these data are received (are developed).

On request of the organization for open nature by provision by the interested organizations of information with marks of "chipboard" or "Confidentially" the general summary document is accepted by the closed nature with the corresponding marks of "chipboard" or "Is confidential".

The heads of the organizations given authority on reference of data to office information of limited distribution marked to "chipboard" will organize development of VPSD "chipboard" and "chipboards" bear the personal responsibility for the decisions on feasibility of reference of specific data made by them to office information of limited distribution marked.

Project development of VPSD "chipboard" is performed by TsEK of state body. TsEK of state body are included the staff of structural divisions of the organization, representatives of service of preschool educational institution. According to the decision of the head of the organization it is allowed by the chairman of TsEK to determine the deputy manager of the organization, in case of its absence – the chief of staff of the organization with investment with its powers by reference of data to office information of limited distribution marked of "chipboard".

Project development of VPSD "chipboard" includes the following stages:

creation of the VPSD project for consideration of TsEK of state body;

determination of possible damage of the organization in case of leakage of the data included in the project.

In the activities TsEK of state body is guided by the legislation of the Republic of Kazakhstan, these rules and other regulatory legal acts regulating operating procedure with data of limited distribution marked of "chipboard".

During project development of VPSD TsEK of state body carries out the analysis of all types of activity of the organization for the purpose of determination of data which distribution can cause damage to the organization and considers reasonable offers on reference of data to office information of limited distribution marked of "chipboard".

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