New law comes into force in Kazakhstan

Tengrinews.kz – The new law “On Artificial Intelligence” has come into force in Kazakhstan. Sixty days have passed since it was signed, and in accordance with procedures, the document takes full legal effect as of today, the Ministry of Artificial Intelligence and Digital Development reports.

The adopted law establishes the legal framework for the use of artificial intelligence (AI) in the country and enshrines the key principle of state policy in this area: the primacy of the human being, their rights, freedoms and well-being.

“Human beings, their life and freedom of will are regarded as the highest value in the creation and operation of artificial intelligence systems. The use of AI must not restrict a person’s ability to make informed decisions, and human autonomy must be preserved at all stages of the application of these technologies,” the ministry noted.

The law codifies the basic principles for the use of AI, including fairness and equality, transparency and explainability of algorithms, accountability and oversight, protection of data and privacy, as well as the safety and reliability of the relevant systems.

Users must be provided with complete information about the capabilities, characteristics and limitations of artificial intelligence systems to ensure their correct and targeted use.
Citizens have the right to be informed about the use of automated data processing, its consequences, the possibility to object to such processing, and the mechanisms for protecting their rights and legitimate interests.

“The law establishes a clear allocation of responsibility between the owners, holders and users of artificial intelligence systems. All participants in the life cycle of AI systems are obliged to ensure continuous monitoring of their operation, manage risks, and bear responsibility for the results of their systems’ work in accordance with the legislation of Kazakhstan,” the line ministry emphasized.

The creation and operation of artificial intelligence systems must be carried out in compliance with energy efficiency requirements and with due regard for reducing negative impacts on the environment.

Operation of AI systems is permitted only if requirements for the protection of personal data and confidential information are met. The law provides for measures to prevent unauthorized access, the use of high-quality and representative datasets, as well as mandatory assurance of the security and reliability of such systems.

“The law introduces a classification of artificial intelligence systems by risk level: minimal, medium and high. High-risk systems used in critical sectors or in the formation of state information resources are equated to state systems in terms of information security requirements. A classification by level of autonomy is also established — from systems operating with human involvement to fully autonomous solutions,” the digital ministry’s statement says.

On the territory of Kazakhstan, the creation and use of AI systems that:

• employ manipulative or subliminal methods of influence;
• exploit a person’s vulnerability due to age, health status or social position;
• carry out social or biometric discrimination;
• determine a person’s emotions without their consent;
• violate personal data legislation;
• create and disseminate prohibited content.

The law sets requirements for transparency in the use of artificial intelligence. Users must be informed that goods, works or services are being created with the use of AI. Synthetic content is subject to mandatory labelling in machine-readable form and must be accompanied by a clear notice for users.

Works created with the use of AI are recognized as objects of copyright only if there is a human creative contribution. Text prompts that are the result of a person’s intellectual activity are also protected by copyright. The use of works for training AI models is permitted in the absence of a prohibition by the author or rightsholder, expressed in machine-readable form.

The ministry described the entry into force of the AI law as an important stage in shaping in Kazakhstan a responsible, safe and human-centric model for the development of artificial intelligence, ensuring a balance between innovation, the protection of citizens’ rights and the sustainable development of the digital economy.

As a reminder, the current year in Kazakhstan will be held under the banner of digitalization and artificial intelligence. President Kassym-Jomart Tokayev announced this in his New Year address. A corresponding decree was signed on 6 January.