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ORDER OF THE MINISTER OF INFORMATION AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of October 17, 2016 No. 207

About approval of requirements to networks and means of mail service for the purposes of holding operational search, counterprospecting actions, and also Rules of interaction in case of implementation and operation of hardware-software and technical means of holding operational search, counterprospecting actions on mail networks of the Republic of Kazakhstan

(as amended on 22-02-2017)

According to the subitem 10) Item 1 of article 5 of the Law of the Republic of Kazakhstan of April 9, 2016 "About mail" PRIKAZYVAYU:

1. Approve:

1) Requirements to networks and means of mail service for the purposes of holding operational search, counterprospecting actions, according to appendix 1 to this order;

2) Rules of interaction in case of implementation and operation of hardware-software and technical means of holding operational search, counterprospecting actions on mail networks of the Republic of Kazakhstan, according to appendix 2 to this order.

2. In the field of communication, informatization and mass media of the Ministry of information and communications of the Republic of Kazakhstan to provide to the State Control Committee:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic form on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of information and communications of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of information and communications of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of information and communications of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2019 and is subject to official publication.

Minister of information and communications of the Republic of Kazakhstan

D. Abayev

It is approved

Acting as Chairman of Committee of homeland security of the Republic of Kazakhstan

October 19, 2016

 

___________ S. Abish

Appendix 1

to the Order of the Minister of information and communications of the Republic of Kazakhstan of October 17, 2016 No. 207

Requirements to networks and means of mail service for the purposes of holding operational search, counterprospecting actions

Chapter 1. General provisions

1. These Requirements to networks and means of mail service for the purposes of holding operational search, counterprospecting actions are developed according to article 7 of the Law of the Republic of Kazakhstan of April 9, 2016 "About mail" (further - the Law) and establish requirements to the networks and means of mail service belonging to operators of mail for the purposes of conducting investigation and search operations (further – ORM) and counterprospecting actions (further – KM) the bodies performing operational search, counterintelligence activities on communication networks.

2. In these Requirements the basic concepts used in the laws of the Republic of Kazakhstan of September 15, 1994 "About operational search activities" of July 5, 2004 "About communication", of December 28, 2016 "About counterintelligence activities" and the Law are applied.

3. Carrying out ORM and KM on networks of mail service is performed by bodies of homeland security of the Republic of Kazakhstan.

Chapter 2. Requirements to mail network

4. On production facilities of mail network operators of mail select certain rooms which shall be isolated and conform to Health regulations "Sanitary and epidemiologic requirements to the buildings and constructions of production assignment" approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2015 No. 174 (registered in the Register of state registration of regulatory legal acts at No. 10939).

5. Conditions of placement and involvement of means of mail service for carrying out ORM and KM on production facilities of mail network are approved with territorial authority of homeland security.

6. In again under construction or reconstructed production facilities, the operator of mail provides availability of rooms for carrying out ORM and KM.

7. Necessary floor area shall correspond to the placed means of mail service for carrying out ORM and KM, to personnel workplaces, and also with necessary electro-, power - and water supply, technological and household support.

8. The input door to the room shall be metal with the locked coded lock, windows indoors shall be barred from the outer side of the room, or have internal metal sun blind with the device which is locked from within.

Rooms are provided with fire and security signaling. The input door and window of the room shall be under video surveillance from the outer side.

9. In rooms operational informing staff of territorial subdivision of body of homeland security on emergencies on objects of the operator of mail (detection of mailings with life-threatening attachments, the fire and others) for safety taking measures is provided.

10. Rooms for carrying out ORM and KM are equipped with the means excluding illegal access of subjects of mail activities in them and other foreign physical persons without the permission of body of homeland security.

11. Planning and creation of mail routes is performed by the operator of mail so that all mailings passed through production facilities of mail network on which there are selected rooms for carrying out ORM, KM and means of mail service for carrying out ORM and KM.

Chapter 3. Requirements to means of mail service

12. Technical means of means of mail service for carrying out ORM and KM shall contain:

1) the hardware and software performing collection and storage of information on personal data and office information on users of the registered and not registered mailings, one-sided copying of information in the isolated information systems;

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