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

of June 30, 2023 No. 220/Tax Code

About approval of Rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services

According to the subitem 2) of Item 1 of article 15 of the Law of the Republic of Kazakhstan "About communication" I ORDER:

1. Approve the enclosed Rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services.

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

1) in the procedure established by the legislation 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

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 June 30, 2023 No. 220/Tax Code

Rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services

Chapter 1. General provisions

1. These rules of implementation by telecom operators of collection and storage of office information on subscribers and (or) users of communication services (further - Rules) are developed according to the Laws of the Republic of Kazakhstan "About operational search activities", "About communication", "About homeland security of the Republic of Kazakhstan", "About informatization", "About counterintelligence activities" and determine procedure telecom operators of the Republic of Kazakhstan of collection and storage of office information on subscribers and (or) users of communication services.

2. In these rules the following concepts are applied:

1) the subscriber - physical person or legal entity with which the service provision agreement of communication is signed;

2) office information on subscribers and (or) users of communication services - the information about subscribers and (or) users of communication services intended only for the purposes of carrying out counterintelligence activities and investigation and search operations on communication networks and including:

information on subscriber and (or) user numbers, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of subscriber and (or) user numbers;

information on identification codes of subscriber devices of cellular communication, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of subscriber devices of cellular communication;

billing data (data on the services received by the subscriber and (or) the user);

location of the subscriber device in network according to requirements of the technical regulation;

addresses in data transmission network;

addresses of the appeal to Internet resources in data transmission network;

Internet resource identifiers;

protocols of data transmission network;

3) subscriber number - number selected in use to the subscriber in case of the conclusion of the service provision agreement of communication according to which the subscriber device by means of which connection with other subscriber equipment and allowing to identify the subscriber in network is established is identified;";

4) communication network - the technological system including means and communication lines and intended for telecommunications or mail service;

5) the telecom operator - the physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks.

3. Requirements of these rules extend to the telecom operators performing activities for rendering communication services, except for mail service (further - the Operator).

Chapter 2. Procedure telecom operators of collection and storage of office information on subscribers and (or) users of communication services

4. The operator provides collection and storage of office information on subscribers and (or) users of communication services within two years after which information is destroyed. The operator bears responsibility, stipulated in Article 637 Codes of the Republic of Kazakhstan "About administrative offenses", for violation of obligation on collection and storage of office information on subscribers and (or) users of communication services.

5. The operator performs permanent collection of office information on the communication services provided to the subscriber and (or) the user from means of telecommunications (means of communication) according to these rules and provides its storage in system of the Operator (further - System).

6. Storage of office information on subscribers and (or) users of communication services is performed only in the territory of the Republic of Kazakhstan. Transfer of office information on subscribers and (or) users of communication services out of limits of the Republic of Kazakhstan, except as specified rendering communication services to the subscribers of the Republic of Kazakhstan who are located abroad is forbidden.

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