ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 8, 2016 No. 529

About approval of Rules and criteria of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure

According to the subitem 4) of article 6 of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure;

2) criteria of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of September 8, 2016 No. 529

Rules of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure

1. General provisions

1. These rules of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure (further – Rules) are developed according to the subitem 4) of article 6 of the Law of the Republic of Kazakhstan "About informatization" and determine procedure for reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure.

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

1) authorized body in the field of information security support (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of information security support;

2) objects of information and communication infrastructure - information systems, technological frameworks, the hardware and software, server rooms (data-processing centers), networks of telecommunications, and also systems of information security support and smooth functioning of technical means;

3) information and communication infrastructure - set of the objects of information and communication infrastructure intended for ensuring functioning of the technological circle for the purpose of forming of electronic information resources and provision of access to them;

Crucial objects of information and communication infrastructure (further – KVOIKI) – objects of information and communication infrastructure, violation or the termination of functioning of which leads 4) to illegal collection and personal data processing of limited access and other data containing the secret protected by the law, emergency situation of social and (or) technogenic nature or considerable negative effects for defense, safety, the international relations, economy, certain spheres of economy or life activity of the population living in the corresponding territory including infrastructure: heat supplies, electric utility services, gas supply, water supply, industry, health care, communication, bank sphere, transport, hydraulic engineering constructions, law-enforcement activities, "the electronic government".

2. Procedure for reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure

3. Objects of information and communication infrastructure belong to crucial in case of compliance to at least one of criteria of reference of objects of information and communication infrastructure to crucial objects of information and communication infrastructure (further - criteria) and are subject to entering into the list of crucial objects of information and communication infrastructure approved by the Government of the Republic of Kazakhstan (further - the list).

4. The authorized body annually no later than February 1 sends to the central state and local executive bodies, owners (owners) of strategic objects, especially important state objects, objects of the industries of economy having strategic importance, request about the available objects of information and communication infrastructure corresponding to at least one of criteria (further - request).

5. The central state and local executive bodies, owners (owners) of strategic objects, especially important state objects, objects of the industries of economy having strategic importance annually no later than March 1 based on request submit for consideration in authorized body of the offer for inclusion of objects of information and communication infrastructure in the list with application of documents and other materials proving such compliance.

5-1. For the purpose of safety of the country authorized bodies in the field of defense, civil protection and bodies of homeland security on own initiative submit for consideration in authorized body of the offer for inclusion of objects of information and communication infrastructure in the list and (or) exceptions of it, with application of documents and other materials proving such compliance in terms, stipulated in Item 5 these rules.

6. The authorized body for consideration and the analysis of offers of the central state and local executive bodies, owners (owners) of strategic objects, especially important state objects, objects of the industries of economy having strategic importance creates the commission from among specialists of public associations in the field of information security, and also the officials responsible for information security support, in authorized body, bodies of homeland security, civil protection and defense (further – the commission).

7. The commission considers the provided offers, documents, materials and takes out the recommendation:

1) about inclusion of object of information and communication infrastructure in the list;

2) about request variation about inclusion of object of information and communication infrastructure in the list;

3) about exception of object of information and communication infrastructure of the list of crucial information and communication infrastructure according to Item 11 of these rules.

8. The recommendation of the commission is drawn up by the protocol which shall contain the following data:

1) date and venue of meeting;

2) structure of the commission;

3) the number of the considered requests;

4) the recommendation of the commission on each object of information and communication infrastructure with reasons for compliance or mismatch to the established criteria.

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