Unofficial translation
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts shall be used in this Law:
1) data library – a collection of structured and/or grouped data suitable for training artificial intelligence models;
2) data library producer – the person who organized the collection, processing and structuring of data suitable for training artificial intelligence models;
3) artificial intelligence – the functional ability to imitate cognitive functions characteristic of humans, providing results comparable to or superior to the results of human intellectual activity;
4) synthetic results of the activity of artificial intelligence systems - images, video, audio, texts or their combinations, created or modified by an artificial intelligence system, simulating the appearance, voice, behaviour of an individual or events that did not actually occur;
5) artificial intelligence system – an object of information technology that functions based on one or several artificial intelligence models;
6) the result of the activity of an artificial intelligence system – information or a decision, regardless of the form in which they are provided, or actions, including work and/or services produced and/or provided by an artificial intelligence system;
7) user of the artificial intelligence system (hereinafter referred to as the User) – a person using the artificial intelligence system to perform a specific function and/or task;
8) an artificial intelligence model – a software product developed to perform specialized tasks and capable of adapting to changing conditions, learning based on accumulated experience, and optimizing the processes and results of its activities;
9) training an artificial intelligence model – the process of processing submitted or accumulated data to form or improve the model’s ability to perform intellectual tasks;
10) the authorized body in the field of artificial intelligence (hereinafter referred to as the Authorized body) – the central executive body that carries out management and intersectoral coordination in the field of artificial intelligence;
11) national artificial intelligence platform – a technological platform designed for collecting, processing, storing and distributing libraries of data and providing services in the field of artificial intelligence;
12) software product of the national artificial intelligence platform (hereinafter referred to as the Platform software product) – a software product developed and placed on the national artificial intelligence platform;
13) operator of the national artificial intelligence platform – a legal entity entrusted with ensuring the development and operation of the national artificial intelligence platform;
14) machine-readable form – a form of providing information that allows its automated reading and processing by artificial intelligence systems or other software;
15) text request – a request expressed in written or electronic form, a task or other message from a user sent to an artificial intelligence system to obtain the result of its activity.
Article 2. Legislation of the Republic of Kazakhstan in the field of artificial intelligence
1. The legislation of the Republic of Kazakhstan in the field of artificial intelligence shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. International treaties ratified by the Republic of Kazakhstan take precedence over this Law. The procedure and conditions for the operation of international treaties to which the Republic of Kazakhstan is a party within the territory of the Republic of Kazakhstan shall be determined by the legislation of the Republic of Kazakhstan.
Article 3. Main goals and objectives of state regulation of public relations in the field of artificial intelligence
1. The goals of state regulation of public relations in the field of artificial intelligence shall be to ensure the development of artificial intelligence and stimulate its implementation in various fields to improve the quality of human life and increase economic efficiency.
2. The main objectives of state regulation in the field of artificial intelligence shall be the following:
1) definition of the legal and organizational basis for regulating public relations in the field of artificial intelligence;
2) ensuring transparency and security in the use of artificial intelligence systems, as well as the results of the activities of artificial intelligence systems;
3) creation of favorable conditions for attracting investments in the development of the field of artificial intelligence;
4) state support for research and innovation in the field of artificial intelligence.
Article 4. Basic principles of state regulation of public relations in the field of artificial intelligence
State regulation of public relations in the field of artificial intelligence shall be based on the following principles:
1) legitimacy;
2) justice and equality;
3) transparency and explainability;
4) responsibility and accountability;
5) the priority of human well-being, freedom of will in making decisions;
6) data protection and privacy;
7) safety and security.
Subjects of relations in the field of artificial intelligence, government bodies, and officials of government bodies, when implementing state regulation in the field of artificial intelligence, shall be obliged to comply with the requirements of the Constitution of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
Article 6. Justice and equality
Artificial intelligence systems must be created and operated in a manner that ensures fairness and equality, recognizing the dignity of each person, their equal value, rights, freedoms, and legitimate interests, excluding any discrimination based on origin, social, official, or property status, gender, race, nationality, language, religious affiliation, beliefs, place of residence, or any other circumstances.
Article 7. Transparency and explainability
1. Users must be provided with complete information about the operational and other characteristics and limitations of the artificial intelligence system to ensure the intended use of the artificial intelligence system.
2. The user, in relation to whom decisions are made using artificial intelligence systems, has the right to be informed about the procedure for automated processing and its consequences, about the possibility of objecting to automated processing, as well as about the procedure for protecting their rights, freedoms and legitimate interests.
Article 8. Responsibility and accountability
1. The owner, possessor and/or user shall be obliged to ensure continuous control over the artificial intelligence system to the extent and in the manner depending on their role, at all stages of the life cycle of the artificial intelligence system.
2. All entities involved in the creation and operation of artificial intelligence systems shall bear responsibility, as established by the laws of the Republic of Kazakhstan, for the activities of artificial intelligence systems, as well as for the results of the activities of artificial intelligence systems, based on their role, at all stages of the life cycle of an artificial intelligence system.
3. The creation and operation of the artificial intelligence system shall be carried out taking into account energy efficiency and the desire to reduce the negative impact on the environment.
Article 9. Priority of human welfare and freedom of will in decision-making
Human beings, their lives, rights, and freedoms shall be considered the highest value in the creation and operation of artificial intelligence systems. When operating artificial intelligence systems, the preservation of human autonomy and free will in decision-making must be ensured.
Article 10. Data protection and privacy
1. The use of artificial intelligence systems shall be possible subject to compliance with data protection and privacy requirements, excluding the unauthorized collection, storage, and dissemination of personal data.
2. When using artificial intelligence systems, for their safe functioning, the personal data processed by artificial intelligence systems shall be protected and safeguarded, and measures shall be taken to prevent unauthorized access by third parties to personal data and the use of high-quality and representative data sets obtained in compliance with the legislation of the Republic of Kazakhstan.
Article 11. Safety and security
1. Artificial intelligence systems must be created and operated in compliance with safety and reliability requirements that exclude the possibility of unforeseen consequences or abuse.
2. The results of the activities of artificial intelligence systems must comply with the legislation of the Republic of Kazakhstan.
3. To prevent potential threats, owners and holders of artificial intelligence systems shall be obliged to implement risk management of artificial intelligence systems by taking measures to eliminate such threats.
Chapter 2. STATE REGULATION IN THE SPHERE OF ARTIFICIAL INTELLIGENCE
Article 12. Competence of the Government of the Republic of Kazakhstan in the field of artificial intelligence
The Government of the Republic of Kazakhstan shall:
1) develop the main directions of state policy in the field of artificial intelligence and organize their implementation;
2) determine the operator of the national artificial intelligence platform;
3) approve the list of priority economic sectors for the implementation of artificial intelligence;
4) perform other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 13. Competence of state bodies in the field of artificial intelligence
1. The authorized body, within the limits of its competence, shall:
1) carry out strategic, regulatory, implementation, control and supervisory functions;
2) based on and in pursuance of the main directions of the domestic and foreign policy of the state, determined by the President of the Republic of Kazakhstan, and the main directions of the socio-economic policy of the state, its defense capability, security, and ensuring public order, developed by the Government of the Republic of Kazakhstan, form the state policy in the field of artificial intelligence in accordance with the legislation of the Republic of Kazakhstan;
3) develop and approve regulatory legal acts in the field of artificial intelligence;
4) develop proposals for improving the legislation of the Republic of Kazakhstan in the field of artificial intelligence;
5) approve the list of documentation for artificial intelligence systems;
6) approve the criteria for classifying information technology objects as artificial intelligence systems;
7) develop a list of priority economic sectors for the implementation of artificial intelligence in cooperation with central government agencies;
8) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. State bodies, within the limits of their competence, shall:
1) participate in the implementation of state policy in the field of artificial intelligence;
2) provide the operator of the national artificial intelligence platform with access to data in accordance with the data management requirements approved by the Government of the Republic of Kazakhstan;
3) form data libraries in accordance with data management requirements;
4) develop and/or deploy an artificial intelligence model, a platform software product;
5) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
The provisions of subparagraphs 2) and 3) of part one of this paragraph shall not apply to special state bodies of the Republic of Kazakhstan.
Article 14. Operator of the National Artificial Intelligence Platform
The powers of the operator of the national artificial intelligence platform shall include:
1) ensuring the creation, development and operation of a national artificial intelligence platform;
2) support and system-technical maintenance of the national artificial intelligence platform;
3) provision of services in the field of artificial intelligence based on the national artificial intelligence platform;
4) collection, processing, and storage of data libraries necessary for the functioning of the national artificial intelligence platform, in accordance with data management requirements;
5) development, placement and maintenance of platform software products and artificial intelligence models on the national artificial intelligence platform;
6) implementation of other functions in accordance with the legislation of the Republic of Kazakhstan.
Chapter 3. RIGHTS AND OBLIGATIONS OF ENTITIES OF PUBLIC RELATIONS IN THE SPHERE OF ARTIFICIAL INTELLIGENCE
Article 15. Rights and obligations of owners and holders of artificial intelligence systems
1. Owners and holders of artificial intelligence systems shall have the right to:
1) determine the conditions and restrictions for the use of artificial intelligence systems;
2) implement measures to protect their rights to artificial intelligence systems.
2. Owners and holders of artificial intelligence systems shall be obliged to:
1) implement risk management of artificial intelligence systems;
2) take measures to ensure the security and reliability of artificial intelligence systems, including protection from unauthorized access and failures in their operation;
3) maintain documentation on the artificial intelligence system depending on the degree of its impact on the security, rights, freedoms and legitimate interests of individuals, public order in accordance with the list of documentation on artificial intelligence systems;
4) provide support to users on issues related to the operation of artificial intelligence systems;
5) provide users with the opportunity to review the user agreement of the artificial intelligence system before using it.
3. Owners and holders have other rights and perform other obligations established by the laws of the Republic of Kazakhstan.
Article 16. Rights and obligations of users
1. Users shall have the right to:
1) read the user agreement of the artificial intelligence system;
2) to protect their personal data and confidential information processed by the artificial intelligence system;
3) implement measures to protect their rights to intellectual property rights created using artificial intelligence systems;
4) receive from the owner or possessor of the artificial intelligence system explanations about the results of its activities affecting his/her rights, freedoms and legitimate interests, in the manner prescribed by the user agreement and the legislation of the Republic of Kazakhstan;
5) request information about the data based on which the decision was made by the artificial intelligence system, to the extent stipulated by the user agreement, taking into account the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection, requirements for ensuring the confidentiality of information and commercial secrets;
6) refuse to interact with the artificial intelligence system in cases where the obligation of such interaction is not established by the laws of the Republic of Kazakhstan.
2. Users shall be obliged to:
1) use artificial intelligence systems only within the framework of the granted access rights;
2) comply with established rules and safety measures when using artificial intelligence systems.
3. Users shall have other rights and fulfill other obligations established by the laws of the Republic of Kazakhstan.
Chapter 4. ARTIFICIAL INTELLIGENCE SYSTEMS
Article 17. Legal regime of artificial intelligence systems
1. Artificial intelligence systems, depending on the degree of impact on the security of users, society and the state, shall be divided into the following systems:
1) minimal risk, the disruption or termination of which will have minimal impact on their users;
2) of medium risk, the disruption or termination of which may lead to a decrease in the efficiency and effectiveness of users’ activities and cause moral harm or material damage;
3) high risk, the disruption or termination of which may lead to an emergency of a social and/or man-made nature and/or significant negative consequences for defense, security, international relations, the economy, individual sectors of the economy, users, the infrastructure of the Republic of Kazakhstan, and the life of individuals.
The classification of artificial intelligence systems as having a minimal, medium or high risk level shall be carried out by their owner and/or possessor in accordance with the rules for classifying information technology objects.
High-risk artificial intelligence systems classified as critical information and communications infrastructure facilities, as well as those intended for the formation of state electronic information resources, shall be treated as state systems in terms of compliance with information security requirements.
2. Artificial intelligence systems, depending on the degree of independence in decision-making and impact on the user, shall be divided into the following systems:
1) low autonomy, designed for automated data processing and the formation of recommendations, forecasts or decision options, but the final choice and actions of which are always carried out by a person;
2) of medium autonomy, intended for autonomous processing and decision-making, while maintaining the ability to correct or cancel such decisions by a person;
3) high autonomy, designed for autonomous processing and decision-making, in which the correction or cancellation of such decisions by a person is completely excluded or technically impossible.
The specifics of the creation and operation of highly autonomous artificial intelligence systems shall be established by the laws of the Republic of Kazakhstan.
3. The creation and operation of artificial intelligence systems possessing one of the following functional capabilities shall be prohibited on the territory of the Republic of Kazakhstan:
1) the use of subconscious, manipulative or other methods that distort the behaviour 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) exploitation of the moral and/or physical vulnerability of an individual due to age, disability, social status and any other circumstances to cause or create a threat of causing harm to the individual;
3) assessment and classification of individuals or groups of individuals over a certain period of time based on their social behaviour 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 its protection;
5) classification of individuals based on their biometric data to conclude their race, political views, religious affiliation, and any other circumstances (criteria) for the purpose of using them for any discrimination against an individual;
6) determination of emotions of an individual without his/her consent, except in cases provided for by the laws of the Republic of Kazakhstan;
7) creation and distribution of results of artificial intelligence systems prohibited by the laws of the Republic of Kazakhstan.
4. Artificial intelligence systems, depending on the mode of use, shall be divided into open, closed and local.
Open source 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 architecture and parameters are restricted to their owner.
Closed systems are used in accordance with the terms of the user agreement and the legislation of the Republic of Kazakhstan.
The use of open artificial intelligence systems for processing data, access to which is restricted by the laws of the Republic of Kazakhstan, shall be permitted only subject to compliance with the requirements of the legislation of the Republic of Kazakhstan on informatization.
Local artificial intelligence systems are systems whose training and operation are carried out within the information and communication infrastructure of the owner (operator) without connection to public telecommunications networks.
Local artificial intelligence systems shall be 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, the possibility of using systems connected to public telecommunications networks is not permitted.
Article 18. Risk management of artificial intelligence systems
1. Risk management of artificial intelligence systems refers to a continuous process planned and executed by the owner and/or the holder throughout the entire life cycle of the artificial intelligence system, including:
1) identification and analysis of known and predicted risks of the artificial intelligence system when used in accordance with its intended purpose;
2) an assessment of the risks of the artificial intelligence system, carried out in accordance with its intended purpose and under conditions of foreseeable misuse;
3) the adoption of appropriate and targeted risk management measures designed to prevent and eliminate identified risks;
4) regular updating of risks, at least once a year.
2. In the event of identification of risks of the occurrence of circumstances specified in paragraph 3 of Article 17 of this Law, the owners and holders of artificial intelligence systems must take immediate measures aimed at preventing and minimizing damage, as well as protecting the rights, freedoms and legitimate interests of individuals and society, including by suspending or completely terminating the operation of such artificial intelligence system.
Article 19. Lists of trusted high-risk artificial intelligence systems
1. Lists of trusted high-risk artificial intelligence systems shall be compiled by industry-specific government agencies to ensure trust and disseminate best practices in the use of artificial intelligence systems in the relevant industry (sphere) and shall be published on an ongoing basis on the internet resources of government agencies in the manner determined by the authorized body.
2. Owners and/or holders of artificial intelligence systems applying for inclusion of their systems in the list of trusted systems shall carry out an audit of the artificial intelligence systems.
Article 20. Audit of artificial intelligence systems
1. The audit of artificial intelligence systems shall be carried out in accordance with the rules for conducting audits of information systems.
2. When conducting an audit of artificial intelligence systems, the following shall be additionally subject to assessment:
1) the quality and legitimacy of the use of data libraries used to train artificial intelligence models;
2) the presence of prohibited functional capabilities of artificial intelligence systems in accordance with this Law.
Article 21. Ensuring transparency in the use of artificial intelligence systems
1. Users must be informed that goods, works, and services are produced or provided using artificial intelligence systems.
2. The distribution of synthetic results of the activity of artificial intelligence systems shall be permitted only if they are marked in machine-readable form and accompanied by a visual or other form of warning that ensures the possibility of perception by the user without the use of methods that hinder such perception.
3. Responsibility for informing users about the synthetic results of the activities of artificial intelligence systems shall rest with the owners or holders of such systems.
4. Requirements for decision-making based solely on automated processing of personal data shall be established by the legislation of the Republic of Kazakhstan on personal data and its protection.
5. The responsibility for ensuring that the results of the activities of artificial intelligence systems comply with the requirements of the legislation of the Republic of Kazakhstan shall rest with the owners and/or holders of artificial intelligence systems.
Article 22. Machine-readable forms in the field of artificial intelligence
1. To ensure transparency and accountability in the field of artificial intelligence, machine-readable forms shall be used to enable automated recording and recognition of information.
2. Machine-readable forms must ensure unambiguous and automatic recognition of the relevant conditions by artificial intelligence systems and other data processing means.
3. The procedure for the development, use and distribution of machine-readable forms shall be determined by the authorized body.
1. Works created using artificial intelligence systems shall be protected by copyright only if there is a creative human contribution to their creation.
2. Text queries sent to artificial intelligence systems that are the result of human intellectual creative activity shall be recognized as objects of copyright in accordance with the legislation of the Republic of Kazakhstan on copyright and related rights.
3. The use of works for training artificial intelligence models shall not apply to cases of free use of works for educational or scientific purposes, as provided for by the legislation of the Republic of Kazakhstan on copyright and related rights.
4. The use of works for training artificial intelligence models shall not imply their use in forms related to the personal non-property and property (exclusive) rights of the author, including reproduction, distribution, processing, public display, performance, broadcast or cable transmission, communication to the public and other actions provided for by the legislation of the Republic of Kazakhstan on copyright and related rights.
5. The use of works for training artificial intelligence models shall be permitted only in the absence of a prohibition from the author or copyright holder, expressed in machine-readable form.
Article 24. Compensation for damage caused by artificial intelligence systems
1. Compensation for damage caused by artificial intelligence systems shall be carried out in accordance with the procedure established by the Civil Code of the Republic of Kazakhstan.
2. Insurance of liability for damage caused by artificial intelligence systems and risks associated with the use of artificial intelligence systems is carried out in accordance with the laws of the Republic of Kazakhstan.
Chapter 5. NATIONAL PLATFORM OF ARTIFICIAL INTELLIGENCE AND DATA LIBRARIES
Article 25. National Artificial Intelligence Platform
1. The National Artificial Intelligence Platform shall provide a controlled environment for the development, training, and trial operation of platform software products and artificial intelligence models for a limited period of time.
2. The procedure for interaction between the operator of the national artificial intelligence platform and individuals and legal entities in the context of providing services on the national artificial intelligence platform for the development and placement of platform software products and artificial intelligence models on the national artificial intelligence platform shall be determined by the authorized body.
Article 26. Computing resources of the operator of the national artificial intelligence platform
1. Access to computing resources shall be provided by the operator of the national artificial intelligence platform in accordance with the rules approved by the authorized body.
2. The authorized body shall determine the categories of persons to be granted priority access to computing resources.
3. Access to computing resources shall be provided, taking into account the list of priority economic sectors for the implementation of artificial intelligence.
1. Owners and holders of data libraries shall have the right to:
freely create, use and distribute data libraries in compliance with the prohibitions and restrictions established by the laws of the Republic of Kazakhstan;
control the use of their data libraries for training artificial intelligence models within the stated purposes, including compliance with the terms and conditions of their use;
receive information about the operating principles of artificial intelligence models trained on the data libraries they provide, to the extent necessary to confirm compliance with the terms of use.
2. Owners and holders of data libraries shall be obliged to:
ensure the quality and relevance of the presented data libraries;
determine and communicate to the user the conditions and procedures for accessing data libraries;
comply with the requirements of the legislation of the Republic of Kazakhstan, including on personal data and its protection, copyright and related rights.
3. The training of artificial intelligence models shall be carried out based on data libraries provided by the owners or holders of the data within the framework of pre-defined and legitimate purposes.
4. The creation and presentation of data libraries by data owners and holders shall be carried out in accordance with data management requirements.
5. Information about the manufacturer of the data library must be provided in machine-readable form when creating the data library and when transferring it, regardless of the subsequent transfer of ownership or possession.
Chapter 6. FINAL PROVISIONS
Article 28. Measures of state support
1. Measures of state support for the development of artificial intelligence shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on informatization and other legislation of the Republic of Kazakhstan.
2. State support shall be provided by the authorized body, government agencies, national development institutions and other organizations within their competence, taking into account the list of priority economic sectors for the implementation of artificial intelligence.
Article 29. International cooperation in the field of artificial intelligence
1. International cooperation of the Republic of Kazakhstan in the field of artificial intelligence shall be carried out in accordance with international treaties and the legislation of the Republic of Kazakhstan.
2. State bodies, in agreement with the authorized body, shall carry out interaction in the field of artificial intelligence with state bodies of foreign states, international organizations and foreign legal entities.
Article 30. Liability for violation of the legislation of the Republic of Kazakhstan in the field of artificial intelligence
Violation of the legislation of the Republic of Kazakhstan in the field of artificial intelligence shall entail liability established by the laws of the Republic of Kazakhstan.
Article 31. Procedure for the entry into force of this Law
This Law shall enter into force upon expiration of sixty calendar days after the date of its first official publication.
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