THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of August 16, 2024 No. 56

About approval of Rules of carrying out biometric identification by banks, the organizations performing separate types of banking services and the microfinancial organizations

According to Item 5-5 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and Item 3-5 of article 3 of the Law of the Republic of Kazakhstan "About microfinancial activities", Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Rules of carrying out biometric identification by banks, the organizations performing separate types of banking services and the microfinancial organizations (further - Rules).

2. To provide to department of information and cyber security in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after sixty calendar days after day of its first official publication, except for Items 7, of 9, of 10, of 13 and 14 Rules which become effective since January 1, 2025.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of August 16, 2024 No. 56

Rules of carrying out biometric identification by banks, the organizations performing separate types of banking services and the microfinancial organizations

Chapter 1. General provisions

1. These rules of carrying out biometric identification by banks, the organizations performing separate types of banking services and the microfinancial organizations (further - Rules) are developed according to requirements Item 5-5 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and Item 3-5 of article 3 of the Law of the Republic of Kazakhstan "About microfinancial activities".

These rules do not extend to the processes of biometric identification which are carried out by the banks, the organizations performing separate types of banking services and the microfinancial organizations by means of own hardware devices.

2. In these rules the following terms and determinations are used:

1) provider of biometric identification - the organization performing receipt of the authentic current image of person identifiable and (or) checking of the current and reference sample of the image of person identifiable;

2) identified - physical person concerning which process of biometric identification is carried out;

3) the customer of biometric identification - the organization for the benefit of which process of biometric identification is performed;

4) the database of the verified images of provider of biometric identification - the database created and stored by provider of biometric identification, containing the images of persons identifiable which underwent successful checking with the reference sample received from the state database of images, or received by means of hardware devices of provider of biometric identification;

5) identification data - individual identification number of physical person concerning which process of biometric identification is carried out;

6) system of verification of biometric data - the automated system performing the procedure of check of reliability of the image;

7) system of checking of biometric data - the automated system performing checking of images;

8) the state database of images - the database belonging to the state, containing identification data of physical persons, and also reference images of person corresponding to them.

3. Principles of use and protection of biometric data:

1) collection, storage and destruction of biometric data is carried out according to Chapter 2 of these rules;

2) biometric data are protected from unauthorized distribution;

3) documentation of processes of collection, storage and destruction of biometric data.

4. The customer of biometric identification approves process description of biometric identification, data on systems of verification of biometric data and checking of biometric data, and also acceptance criterions of the decision on success of biometric identification.

5. Biometric identification is carried out according to the image of person identifiable.

Chapter 2. Procedure for biometric identification according to the image of person identifiable

6. Process of biometric identification according to the image of person identifiable includes the following stages:

1) receipt of the authentic current image of person identifiable;

2) receipt of identification data identified (further - identification data);

3) receipt of the reference image of person identifiable;

4) checking of the current and reference image of person identifiable (further - checking of images).

7. Receipt of the current image of person identifiable and identification data is performed by provider of biometric identification by means of the software on the mobile device or the computer. At the same time in the software the following measures of protection are implemented at least: control of own integrity, check on start in the emulated circle, protection against substitution of the built-in camera of the device or the computer.

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