of December 31, 2015 No. 1196
About approval of Rules of reference of data to office information of limited distribution and work with it
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.
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1196
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, 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. During the work with office information the following enclosed special requirements for information protection of limited distribution are established (appendix 1, for office use).
5. 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.
6. 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.
7. The mark "For office use" is appropriated to the documents, cases and editions containing office information of limited distribution (further – mark of "chipboard").
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 bodies, 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 legitimate rights and the interests of physical persons and legal entities;
5) the data containing information on the interdepartmental and interdepartmental correspondence which is performed in the course of development of the decisions, meetings in state bodies 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 state body in case of decision making including on the questions specified in article 6 of the Law of the Republic of Kazakhstan "About information access";
6) data on results of the inspections which are carried out within the state control and supervision on which the final decision is not made;
7) 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. These criteria do not cancel the existing and (or) again arriving departmental lists of office information of limited distribution marked "For office use", and also do not limit the right of reference of other data containing information of limited distribution if it does not contradict regulatory legal acts in the field of protection of the state secrets, informatization, information protection and information security, to departmental lists of the data which are subject to classification in the state bodies developed in the procedure established by the legislation of the Republic of Kazakhstan.
9. If data are not provided by the list of data, but according to the contractor can be used to the detriment of interests of state body, it together with the head of the structural unit of state body to which competence these data are carried, submits to management the reasoned offers on need of protection of these data and entering of the corresponding amendments into the specified list.
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