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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2013 No. 1214

About approval of Rules of determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them

According to the subitem 3) of article 26 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them.

2. This resolution becomes effective since November 25, 2013 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of November 12, 2013 No. 1214

Rules of determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them

1. General provisions

1. These rules of determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them (further - Rules), are developed according to the subitem 3) of article 26 of the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection" and determine procedure for determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them.

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

1) 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;

2) collection of personal data - the actions directed to receipt of personal data;

3) 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;

4) 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;

5) personal data processing - the actions directed to accumulating, storage, change, amendment, use, distribution, depersonalization, blocking and destruction of personal data;

6) the subject of personal data - physical person to which personal data belong;

7) public personal data - personal data, access to which is free with the consent of the subject or to which according to the legislation of the Republic of Kazakhstan requirements of maintaining confidentiality do not extend;

8) personal data of limited access - personal data, access to which is limited by the legislation of the Republic of Kazakhstan.

2. Procedure for determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them

3. The owner and (or) the operator perform collection, personal data processing according to the procedure, established by the Law of the Republic of Kazakhstan "About personal data and their protection" (further - the Law) and other regulatory legal acts of the Republic of Kazakhstan.

4. Collection, personal data processing are performed by the owner and (or) the operator with the consent of the subject or his legal representative, except cases, the stipulated in Article 9 Laws. The subject or his legal representative gives (withdraws) consent to collection, personal data processing in writing or electronically or otherwise using elements of the protective actions which are not contradicting the legislation of the Republic of Kazakhstan.

5. The list of personal data is determined only for the purposes which are directly connected with implementation of functions, powers, obligations and tasks of the owner and (or) operator except the cases provided in Item 3 of article 3 of the Law.

6. Reference of the data specified in the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them, to public or limited access is performed by the owner and (or) the operator according to the legislation of the Republic of Kazakhstan.

In case of determination by the owner and (or) operator of the list of the personal data necessary and sufficient for accomplishment of the tasks performed by them, it is necessary to be guided by the following principles of collection, processing and personal data protection:

1) observance of constitutional rights and freedoms of man and citizen;

2) legality;

3) confidentiality of personal data of limited access;

4) equal rights of subjects, owners and operators;

5) safety of the personality, society and state.

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