Article 17. The legal regime of artificial intelligence systems of the Artificial Intelligence Act

Home / Laws / Article 17. The legal regime of artificial intelligence systems of the Artificial Intelligence Act

1. Artificial intelligence systems, depending on the degree of impact on the security of users, society and the state, are divided into systems:

1) the minimum degree of risk, the disruption or termination of which will have a minimal impact on their users;

2) medium risk, the disruption or termination of which may lead to a decrease in the effectiveness and efficiency of users' activities and cause moral harm or material damage.;

3) a high degree of risk, the disruption or termination of which may lead to a social and (or) man-made emergency and (or) significant negative consequences for defense, security, international relations, the economy, certain sectors of the economy, users, infrastructure of the Republic of Kazakhstan, and the vital activity of individuals.

The assignment of artificial intelligence systems to a minimum, medium or high degree of risk is carried out by its owner and/or owner in accordance with the rules for classifying informatization objects.

High-risk artificial intelligence systems classified as critically important objects of information and communication infrastructure, as well as those intended for the formation of state electronic information resources, are equated with state ones in terms of compliance with information security requirements.

2. Artificial intelligence systems, depending on the degree of independence in decision-making and the impact on the user, are divided into systems:

1) low autonomy, designed for automated data processing and the formation of recommendations, forecasts or solutions, but the final choice and actions of which are always carried out by humans;

2) medium autonomy, designed for autonomous processing and decision-making, which preserves the possibility of correcting or canceling such decisions by humans;

3) high autonomy, designed for autonomous processing and decision-making, in which correction or cancellation of such decisions by a person is completely excluded or technically impossible.

The specifics of the creation and operation of high-autonomy artificial intelligence systems are established by the laws of the Republic of Kazakhstan.

3. The creation and operation of artificial intelligence systems with one of the following functionality is prohibited in the territory of the Republic of Kazakhstan:

1) the use of subconscious, manipulative or other methods that distort the behavior of an individual and limit the ability to make informed decisions or force them to make decisions that may cause harm or create a threat of harm;

2) using the moral and (or) physical vulnerability of an individual due to age, disability, social status and any other circumstances in order to cause or create a threat of harm to the person;

3) assessment and classification of individuals or groups of individuals over a certain period of time based on their social behavior or known, assumed or predicted personal characteristics, except in cases provided for by the laws of the Republic of Kazakhstan;

4) collection and processing of personal data in violation of the legislation of the Republic of Kazakhstan on personal data and their protection;

5) classification of individuals based on their biometric data to form conclusions about their race, political views, religious affiliation, and any other circumstances (criteria) in order to use for any discrimination against an individual;

6) determining the emotions of an individual without his consent, except in cases provided for by the laws of the Republic of Kazakhstan;

7) creation and dissemination of the results of artificial intelligence systems prohibited by the laws of the Republic of Kazakhstan.

4. Artificial intelligence systems, depending on the mode of use, are divided into open, closed and local.

Open artificial intelligence systems are systems whose architecture and parameters are available for free use, modification and distribution in accordance with the terms of the user agreement.

Closed artificial intelligence systems are systems whose access to architecture and parameters is limited by their owner or proprietor.

Closed systems are used in accordance with the terms of the user agreement and the norms of the legislation of the Republic of Kazakhstan.

The use of open artificial intelligence systems for data processing, access to which is restricted by the laws of the Republic of Kazakhstan, is allowed only if the requirements of the legislation of the Republic of Kazakhstan on informatization are met.

Local artificial intelligence systems are systems that are trained and operated within the information and communication infrastructure of the owner (operator) without connection to public telecommunications networks.

Local artificial intelligence systems are used to process data, access to which is restricted by the laws of the Republic of Kazakhstan, as well as in other cases when, in accordance with the legislation of the Republic of Kazakhstan, it is not allowed to use systems connected to public telecommunications networks.

The Law of the Republic of Kazakhstan dated November 17, 2025 No. 230-VIII SAM

President

Republic of Kazakhstan

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