KazakhstanPenal Code, unlawful distribution of restricted electronic information resources
Penal Code No. 226-V (), Art. 211
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not unlawfully distribute an electronic information resource containing citizens' personal data, or other information restricted by law or by its owner, once obtained.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A fine of up to 200 monthly calculation indices, correctional labour of the same amount, public works up to 180 hours, or arrest up to 50 days for the base offence (Art. 211(1)); 3 to 7 years' imprisonment where the act under Art. 211(1) or (2) is committed by an organized criminal group or causes grave consequences (Art. 211(3)).
What it makes you log
Logging duty
Article 211(1) makes unlawful distribution of electronic information resources containing personal data, or other information with restricted access, a criminal offence. It imposes no duty to create, keep, produce or review a log or record. The Code's general territorial articles are not invoked by this article, so no hook is read from it.
- Kind
- None
- As of
What this law does
Article 211(1) punishes unlawfully distributing electronic information resources containing citizens' personal data, or other information to which access is restricted by Kazakhstani law or by the resource's owner or holder, with a fine up to 200 monthly calculation indices, correctional labour of the same amount, public works up to 180 hours, or arrest up to 50 days, plus an optional bar of up to 3 years from holding certain positions.
Article 211(2) raises the penalty for pre-arranged group commission, mercenary motive, or commission using one's official position, and Article 211(3) reaches 3 to 7 years' imprisonment where the act under either preceding paragraph is committed by an organized criminal group or causes grave consequences. The offence reaches distributing a restricted-access resource that was already obtained, separately from any unauthorized-access offence under Article 205.
The article was last amended by Law No. 180-VI (); the effective date recorded here is the base Penal Code's own commencement, since a precise commencement date for the 2018 wording was not established within this visit's budget.
When LexLint raises it
When your app profile says your app crawls the web.
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