Article 23. Ensuring information security of the Law on National Security of the Republic of Kazakhstan

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1. Information security is ensured by decisions and actions of government agencies, organizations, and officials aimed at:

1) prevention of Kazakhstan's information dependence;

2) prevention of information expansion and blockade by other states, organizations and individuals;

3) preventing information isolation of the President, Parliament, Government and national security forces of the Republic of Kazakhstan;

4) ensuring uninterrupted and stable operation of communication networks in order to preserve the security of the Republic of Kazakhstan, including during special periods and in the event of natural, man-made emergencies, quarantines, and other emergencies;

5) identification, prevention and suppression of leakage and loss of information constituting state secrets and other legally protected secrets;

6) preventing the information impact on public and individual consciousness associated with the deliberate distortion and dissemination of false information to the detriment of national security;

7) detection and disorganization of mechanisms of hidden information influence on the process of making and adopting government decisions to the detriment of national security;

8) maintaining and developing an effective system for the protection of digital resources, digital systems and communication infrastructure in which information that constitutes state, commercial and other legally protected secrets circulates.

2. A national information security system is being created and strengthened in the Republic of Kazakhstan, including state-owned electronic digital resources, digital systems, digital infrastructure, and critical digital facilities.

3. In order to protect national interests and prevent information isolation of the Republic of Kazakhstan, state authorized bodies, in compliance with guarantees provided to investors, monitor the activities of organizations that manage and operate main communication lines, as well as communication networks managed or owned by organizations with foreign participation, in accordance with the procedure established by law.

4. Individuals and legal entities, when making decisions on the construction, operation and development of communication networks, should be guided by the requirements of national security, which are determined by the authorized body in the field of communications.

When conducting anti-terrorist operations and suppressing mass riots, by decision of the head of the operational headquarters, network owners and telecom operators may be given mandatory instructions to suspend the provision of communication services to individuals and (or) legal entities and (or) restrict the use of the network and communications facilities, as well as to change the mode of operation of networks and communications facilities in accordance with paragraph 1-2 articles 41-1 of the Law of the Republic of Kazakhstan "On Communications".

5. Decisions and actions contrary to national interests are not allowed.:

1) formation and smooth functioning of the information space of the Republic of Kazakhstan;

2) Kazakhstan's entry into the global communications and information system;

3) ensuring and increasing the level of protection of digital resources, digital systems and communication infrastructure of the Republic of Kazakhstan.

6. It is forbidden:

1) distribution on the territory of the Republic of Kazakhstan of printed materials and products of foreign mass media, the content of which undermines national security;

2) disclosure of state secrets and other legally protected secrets;

3) foreign individuals and legal entities, as well as stateless persons, directly and (or) indirectly own, use, dispose of and (or) manage more than 20 percent of shares (stakes, units) of a legal entity that owns mass media in the Republic of Kazakhstan or carries out activities in this field;

4) management or operation of trunk communication lines by foreigners, stateless persons and foreign legal entities without establishing a legal entity in the territory of the Republic of Kazakhstan;

5) creation and operation of communication networks in the territory of the Republic of Kazakhstan, the control center of which is located outside its borders, as well as the import, sale and other transfer of telecommunications facilities to ensure the functioning of such a communication network.

The requirements of this subparagraph do not apply to the operation of communication networks in the territory of the Republic of Kazakhstan using non-geostationary satellites as part of a pilot project.

The pilot project on the use of communication networks using non-geostationary satellites without complying with the requirements specified in part one of this subparagraph is valid until January 1, 2026.

The procedure for using communication networks using non-geostationary satellites is determined by the authorized body in the field of communications in coordination with the national security authorities.;

6) acquisition or other acquisition by individuals and legal entities, independently or as part of a group of persons, of more than 10 percent of voting shares, as well as shares, units of an organization that owns and (or) operates or operates a communication line as an operator of long-distance and (or) international communications, without the consent of the authorized body in the field of communications, as well as national security agencies;

7) foreigners, stateless persons and foreign legal entities directly and (or) indirectly own, use, dispose and (or) manage in total more than 49 percent of voting shares, as well as shares, units of a legal entity operating in the field of telecommunications as an operator of long-distance and (or) international communications, owning terrestrial (cable, including fiber-optic, radio relay) communication lines without a positive decision of the Government of the Republic of Kazakhstan based on the conclusion of the authorized body in the field of communications, agreed with the national security authorities;

8) creation or development, including the commissioning of communication networks that do not meet the requirements of regulatory legal acts to ensure operational search and counterintelligence activities.

7. Other restrictions regarding the ownership of shares (stakes, units) or participation in the activities of organizations engaged in national security activities in the field of communications and information are established by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 6, 2012 No. 527-IV.

This Law regulates legal relations in the field of national security of the Republic of Kazakhstan and defines the content and principles of ensuring the security of man and citizen, society and the state, the system, goals and directions of ensuring national security of the Republic of Kazakhstan.

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Republic of Kazakhstan

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