LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2015 No. 401-V ZRK

About information access

This Law governs the public relations resulting from realization of constitutional right of everyone freely to get and distribute information by any method which is not prohibited by the law.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) information - the information about persons, objects, facts, events, the phenomena and processes fixed in any form, constituted or received by owners of information and which is available at their order;

2) information access - the right of everyone guaranteed by the state, enshrined in the Constitution and the laws of the Republic of Kazakhstan to freely receive and distribute information by any method which is not prohibited by the law;

2-1) authorized body in the field of information access - the central executive body performing management and cross-industry coordination in the field of information access;

3) the user of information - the physical person or legal entity requesting and (or) using information;

3-1) pro-active distribution of information - distribution of information, except for information with limited access, without request of the user of information and at the initiative of the owner of information for the benefit of ensuring transparency of the activities and (or) participation of the public in adoption of the acts and decisions affecting the rights and legitimate interests of the unrestricted group of people;

4) the Internet portal of open budgets - the object of informatization providing placement of budget reports, consolidated financial statements, civil budget, results of the state audit and financial control and other materials, information and documents which are subject for publication according to the Budget code of the Republic of Kazakhstan and also public discussion of budget programs and reports on implementation of budget programs;

5) open data - the data presented in the machine-readable form and intended for further use, the repeated publication in invariable type;

6) the Internet portal of open data - the object of informatization providing centralized storage of descriptive and reference information on open data;

6-1) Internet portal of open dialogue object of informatization providing possibility of the direction with users of information of requests by means of blogging platform of the first heads of subjects of the quasi-public sector, except for persons with absolute participation of the state, and also participation of users of information in Internet conferences and polls;

7) the Internet portal of open regulatory legal acts - the object of informatization providing placement of projects of regulatory legal acts and other information according to this Law for holding procedure of public discussion, except for to information with limited access;

7-1) socially significant information - information which is of public interest, the stipulated in Clause 6 these Laws;

8) information with limited access - information carried to the state secrets, personal, family, bank, trade secret, the secret of the health worker and (or) other secrets protected by the law, personal data of limited access, and also office information of limited distribution;

8-1) blogging platform of the first heads of subjects of the quasi-public sector, except for persons with absolute participation of the state - the object of informatization providing possibility of the direction with citizens of requests and receipts of answers to them from the first heads of subjects of the quasi-public sector;

9) it is excluded

10) single platform of Internet resources of state bodies - the technological framework intended for placement of Internet resources of state bodies;

11) the Internet portal of efficiency evaluation of activities of state bodies - the object of informatization providing placement of information on assessment of activities of state bodies, reports on achievement of target indicators of development plans for the state bodies and development plans for area, city of republican value, the capital developed according to the legislation of the Republic of Kazakhstan and also public discussion of activities of state bodies;

11-1) No. 177-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2022

12) request - request in oral or written form, including in the form of the electronic document, about the provision of information, information read or sent to the owner according to the procedure established by this Law.

Article 2. Legislation of the Republic of Kazakhstan on information access

1. The legislation of the Republic of Kazakhstan on information access is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Scope of this Law

1. This Law acts on the territory of the Republic of Kazakhstan and extends to the public relations connected with information access, not belonging to information with limited access.

2. Operation of this Law does not extend to appeals of physical persons and legal entities which procedure for consideration is established by the legislation of the Republic of Kazakhstan on administrative offenses, administrative legal proceedings, and also the criminal procedure, civil procedural legislation of the Republic of Kazakhstan.

3. Operation of this Law does not extend much considerations of requests, established by the Law of the Republic of Kazakhstan "About National Archive Fund and archives".

4. Operation of this Law does not extend much provisions of information to mass media, provided by the Law of the Republic of Kazakhstan "About mass media".

Article 4. The main purpose and tasks of ensuring access to information

1. Main objective of ensuring access to information is creation of the legal basis for ensuring effective realization of constitutional right of everyone freely to get and distribute information by any method which is not prohibited by the law.

2. Main objectives of ensuring access to information:

1) creation of legal, economic and social conditions for free and equal information access;

2) protection and protection of the right of everyone to information access;

3) regulation of the public relations between owners and users of information;

4) establishment of mechanisms of realization of the right to information access and responsibility for illegal restriction of this right;

5) timely and complete informing users of information;

6) determination of organizational and technical and other requirements for providing information access with owners of information.

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