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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 1196

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

(as amended on 30-11-2020)

According to item 4 of article 13 of the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures" 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 signing.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1196

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 Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures" and determine procedure for reference of data to office information of limited distribution and work with it, registrations, accounting, reproduction, storage, use, selection on permanent storage and selections to destruction of the documents, cases and editions containing office information of limited distribution irrespective of its type and (or) the information medium.

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

3. The data concerning activities of state body which open publication can break procedure for observance of the ministerial procedures connected with need of ensuring independence of state body in case of decision making belong to office information of limited distribution.

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, exposure in the museums, at exhibitions, as public protection of research and development works, deposition of manuscripts.

4. To persons using office information of limited distribution in work it is necessary to fulfill precisely and accurately all requirements for information protection, to store and not to disclose the data received by them on duty.

5. The officials 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.

6. Control of justification of putting down on documents and editions of mark "For office use" (further - "chipboard") in case of their registration, and also is assigned by procedure for the address (accounting, destruction, storage, control of their address and restrictive requirements for their use) with the machine information mediums containing data marked of "chipboard" to service of documentary ensuring management (further - service of preschool educational institution) state body.

7. In these rules the following concepts are used:

1) 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;

2) information of limited distribution - information carried to the state secrets, personal, family, medical, bank, commercial and to other secrets protected by the law and also office information marked "For office use";

3) information protection 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;

4) confidential information - all types of information (including trade, bank, tax, notarial, medical, personal, lawyer secret) concerning which according to regulatory legal acts of state members 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;

5) disclosure of information of limited distribution - action (failure to act) as a result of which information of limited distribution in any possible form (oral, written, other form, 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, decisions of the Supreme Eurasian economic council and these rules;

6) office information - information which is created in the course of activities of state body, the organization within powers, stipulated by the legislation the Republic of Kazakhstan, by international treaties, decisions of the Supreme Eurasian economic council, and concerning which exists (is established) need of protection in view of different possible causing damage as a result of the illegal treatment of her.

Chapter 2. Procedure for reference of data to office information of limited distribution marked "For office use"

8. The mark of "chipboard" is appropriated to the documents and editions containing office information of limited distribution.

Reference of data to information of limited distribution is made by the contractor and person which signed the document based on the list of data for the office use developed in state body (further - the list of data).

The list of data (amendment and change to it) affirms the order of the head of state body.

Development of the list of data is performed based on the following criteria:

1) 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) data, publication or disclosure of which exerts direct impact on work of state body, including on process of information protection from destruction, blockings or changes in result of illegal access to electronic information resources, including passwords of access;

3) the data transferred to state body by the legal owner of information on confidentiality terms;

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

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