Open Records Laws › Kazakhstan

Kazakhstan

Law of the Republic of Kazakhstan on Access to Information No. 401-V

Law of the Republic of Kazakhstan on Access to Information No. 401-V (16 November 2015) / Қазақстан Республикасының Ақпаратқа қол жеткізу туралы Заңы

Open Records Transparency: 40/100 (moderate) Transparency Score: 40/100

RTI Rating: 60 (source)

Response Timeline

Initial Response
15 days
Extension
15 days
Residency Required
None

15 days from receipt (Article 11(10)). May be extended for another 15 days when information spans multiple agencies; requester must be notified within 3 working days of the extension.

How to Submit a Request

Accepted Methods

  • Oral — Requests may be made verbally
  • Written — Written requests must include individual identification number, full legal entity name with business ID (if applicable), contact information (postal/email address, telephone), and signature (Article 11(5))
  • Electronic — Electronic submission permitted

Requests may be made in oral or written form, including electronically (Article 11(3)). Written requests have specific formatting requirements.

Required Elements

  • Individual identification number (for individuals)
  • Full legal entity name with business ID (for legal entities)
  • Contact information (postal/email address, telephone)
  • Signature (for written requests)

Fees

Information is provided free of charge. Requesters must compensate actual costs for copying or printing, with tariffs centrally determined by the Government and published in national periodicals and on public websites (Article 11(13)).

Fee Waivers

  • Released from compensating actual costs for copying or printing according to the order set by the Government (Article 11(13)). Specific criteria established through Government regulations.

Exemptions

  • State Secrets
    Information classified as state secrets
  • Personal, Family, and Medical Secrets
    Information related to personal life, family matters, and medical records
  • Banking and Commercial Secrets
    Confidential banking and commercial information
  • For Official Use Only
    Information marked for official use only
  • Other Legally Protected Secrets
    Other categories of secrets protected by law (Article 1(8))
  • Vague or Non-Compliant Requests
    Requests that are insufficiently specific or do not comply with procedural requirements
  • Unfinished Analytical Work
    Documents relating to analytical work that has not been completed
  • Pending Inspection Results
    Information related to inspections where results are not yet finalized
  • Inter-Departmental Correspondence
    Correspondence between departments prior to final decisions being made
  • Foreign Documents Pending Agreement
    Documents from foreign states or international organizations pending mutual agreement (Article 11(16))

All exemptions are mandatory once information falls within protected categories. There is NO public interest override provision—if information is classified as "information with limited access," access must be denied (Article 11(16)(3)). This represents a significant limitation on transparency compared to best-practice RTI laws.

Appeal Process

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Kazakhstan lacks an independent administrative oversight body (such as an information commission or ombudsman) for FOI appeals, representing a significant gap in the enforcement system. Appeals may be made to higher officials or directly to courts within three months of learning of the denial. The absence of a dedicated oversight mechanism severely limits the effectiveness of the appeals process.

Sources & References