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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

(as amended on 06-12-2023)

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".

The VPSD "chipboard" developed project is submitted for consideration of TsEK of state body.

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".

In offers to the project VPSD "chipboard" the control term of review of data of limited distribution or circumstance in case of which approach there is question of removal of mark of "chipboard" are specified.

Project development of VPSD "chipboard" is performed based on the following criteria:

1) availability of the data which are not containing the state secrets relating to the organization and providing the mode of privacy, and also control of its observance including accounting forms;

2) availability of data, publication or disclosure of which exert direct impact on work of the organization, including on process of information security from destruction, blocking or changes in result of unauthorized access to electronic information resources, including passwords of access;

3) availability of the data transferred to the organization by the legal owner of information on confidentiality terms;

4) availability of data, publication or disclosure of which violate the rights, freedom and legitimate interests of physical persons and legal entities;

5) availability of the data containing information on the interdepartmental and interdepartmental correspondence which is performed in the course of development of the decisions, meetings in the organizations passed in the course of development of decisions which disclosure can break procedure for observance of the ministerial procedures connected with need of ensuring independence of the organization in case of decision making including on the questions specified in article 6 of the Law of the Republic of Kazakhstan "About information access" (further - the Law "About Information Access");

6) availability of data on results of the inspections which are carried out within the state control and supervision;

7) availability of the data which arrived from foreign states or the international organizations on which the mutual agreement on conditions of their disclosure is not accepted;

8) availability of the data opening operational and service activity, operational search and counterprospecting actions if they do not contain the state secrets;

9) availability of data concerning the international organizations containing confidential limited information on negotiation line item of the Republic of Kazakhstan and also the correspondence which is performed in the course of development of solutions of confidential and limited nature between industry authorized body and representation of the Republic of Kazakhstan under the international organizations.

State bodies in case of development of VPSD "chipboard" are guided by the single (standard) list of the in-house documents which are subject to restriction marked by "chipboard" according to appendix 1 to these rules.

After coordination of VPSD "chipboard" (amendment and change to it) affirms the order of the head of the organization which also resolves issue of feasibility of assignment of VPSD of mark of "chipboard".

After approval of VPSD "chipboard" are led up to:

1) structural divisions, territorial subdivisions, subordinated organizations;

2) the interested organizations in full or in the part concerning them;

3) the organizations participating in carrying out joint operations in the amount determined by the customer of these works.

The organizations specified in subitems 1), 2), 3) to part fifteen of this Item, which do not have VPSD "chipboard" in work with office information of limited distribution of other organizations use their VPSD "chipboard".

VPSD "chipboard" are reviewed in case of need, but at least, than in 5 years.

In case of exception of VPSD "chipboard" of any data, from their carriers the mark of "chipboard" according to the procedure, established by Chapter 8 of these rules is removed.

11. If data are not provided by VPSD "chipboard", but according to the contractor can be used to the detriment of interests of the organization, he together with the head of the structural unit of the organization to whose competence these data are carried, submits for consideration TsEK of state body the reasoned offers on need of protection of these data and entering of the corresponding amendments into the specified VPSD "chipboard".

Chapter 3. Accounting, transfer, use, processing and storage of office information of limited distribution marked "For office use" or "Is confidential"

12. Processing, use, storage, accounting and destruction of office information of limited distribution shall be performed in cloudy storage with use of decisions like "thin client", without possibility of downloading of the electronic document from storage and accounting of all users who had to it access (viewing, transfer, listing, etc.).

The requirements provided by part one of this Item do not extend to authorized body on regulation, control and supervision of the financial market and the financial organizations, the National Bank of the Republic of Kazakhstan, its department, the organizations entering into its structure, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or there are in its trust management, and legal entities affiliated with them.

Acceptance and sending office information of limited distribution marked "chipboard" are performed by authorized body on regulation, control and supervision of the financial market and the financial organizations, the National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and the legal entities affiliated with them by means of subscriber Item with possibility of downloading and listing of electronic documents from storage and loading of electronic documents in storage.

The database of cloudy storage shall be protected with use of domestic means of cryptographic information security (further – SKZI) not below the third level of safety on state standard of STRK 1073-2007 "Means of cryptographic information security. General technical requirements.

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