412/2005 Sb.
LAW
of 21 April 2004. September 2005
on the protection of classified information and the security of the eligibility
Change: 119/2007 Sb.
Change: 177/2007 Sb.
Change: 296/2007 Sb.
Change: 32/2008 Sb.
Change: 124/2008 Coll., 126/2008 Sb.
Change: 250/2008 Sb.
Change: 41/2009 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 255/2011 Coll. 420/2011 Sb.
Change: 167/2012 Sb.
Change: 303/2013 Sb.
Change: 181/2014 Sb 250/2014 Sb.
Change: 375/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
BASIC PROVISIONS
§ 1
The subject of the edit
This law regulates the principles for the establishment of information as information
classified, conditions for access to them, and other requirements for their
the protection, principles for the determination of sensitive activities and the conditions for their
the performance and the associated performance of State administration.
§ 2
Definition of terms
For the purposes of this Act, means the
and) classified information information recorded in any form on
any medium, labelled in accordance with this Act, the disclosure of
or abuse may cause prejudice to the interests of the Czech Republic or can be
for this disadvantage, and that is listed in the list of classified
information (para. 139),
(b) the interest of the Czech Republic), maintaining its sovereignty and constitutionality,
territorial integrity, ensuring the internal order and security,
international commitments and defence, protection of the economy and the protection of life or
the health of individuals,
(c) the obligation to protect) breach of classified information breach
obligations imposed by this Act or on the basis of this law,
d) authority of the State organizational component of the State according to a special legal
Regulation ^ 1) region of ^ 2), the capital city of Prague ^ 3), part of the main
the city of Prague and the village of ^ 4) in the exercise of State administration in matters, which provides for the
special legislation; authority of the State means and Security
information service ^ 5) ^ 6, military intelligence) and the Czech national
the Bank ^ 7),
e) person responsible
1. in the case of the Ministry of the Minister,
2. for other central public administration authority, the one who stands at its head,
3. for the organizational components of the State, set up another business component of the State
the one who is the person responsible for executing the State organizational folder
the function of its founder,
4. for other organizational components of the State of one who is at their head,
5. the security information service and the military intelligence Director,
6. the Governor of the Czech National Bank,
7. the Director of the regional office in the region,
8. in the capital city of Prague, the Director of the municipality of the capital city of Prague,
9. for the urban part of the city of Prague city, part of the Office of the Registrar and
If it is not, the Mayor of the city,
10. in the case of the city Secretary of the City Hall,
11. in the case of other towns and villages, and the Secretary of the Office if it is not,
the Mayor,
12. for the organizational components of territorial self-governing unit, the one who is
the person responsible for the local government unit of the executing function
its founder,
13. in the case of legal persons, other than those referred to in paragraphs 6 to 11 of the statutory authority;
If this is under a special legal regulation ^ 8) on behalf of the other
legal persons, which are a statutory body, or a person
which is not a statutory body, then, is the only person responsible of the
them, which is acting in the matters governed by this law and
14. the entrepreneurial natural person ^ 9),
(f)), the originator of the classified information authority of the State, legal person, or
entrepreneurial natural person in which the secret information was created, or
Industrial property office in accordance with section 70 paragraph. 4,
(g) the power of a foreign State) foreign or his authority or multinational or
the international organization or authority,
(h)) by an unauthorized person, natural or legal person which does not meet the
conditions for access to classified information under this Act,
I) lesson written record of familiarization with the rights of natural persons and
obligations in the field of the protection of classified information and the consequences of their
violation of,
j) safety standard classified set of rules, in which the
establish procedures, technical solutions, security parameters and organizational
measures to ensure the smallest possible extent the protection of classified
information,
security mode to a production environment), in which the information system
works, characterized by a classification level processed classified
information and permission levels of users.
PART THE SECOND
THE PROTECTION OF CLASSIFIED INFORMATION
Title I Of The
Introductory provisions
§ 3
Injury to the interests of the Czech Republic and disadvantage for the interests of the Czech Republic
(1) the injury to the interests of the Czech Republic for the purposes of this Act, means the
damage or threat to the interests of the Czech Republic. According to the severity of the
damage or threat to the interests of the Czech Republic with the injury to
an extremely serious injury, serious harm or a simple injury.
(2) Exceptionally, serious injury to the interests of the Czech Republic produces a disclosure
classified information unauthorized person or misuse of classified
information, which may result in
and the immediate threat) the sovereignty, territorial integrity or
the democratic foundations of the Czech Republic,
(b)) the extensive loss of human life or the extensive threats to the health of
of the population,
(c)) or extremely serious long term damage to the economy of the Czech Republic,
d) considerable distortions of the internal order and security of the Czech Republic,
an extremely serious threat to important) security operations or
the activities of the intelligence services,
(f) an extremely serious threat to the activities) of the North Atlantic
the Treaty of the European Union or of a Member State,
g) extremely serious threat bojeschopnosti of the armed forces of the Czech
of the Republic, the North Atlantic Treaty Organisation or its Member
State or of the Member State of the European Union, or
(h) the extremely serious damage) the diplomatic or other relations of the Czech
Republic to the North Atlantic Treaty Organization, the European Union or
to the Member State.
(3) serious injury to the interests of the Czech Republic produces the compromise of EU classified
information to any unauthorized person or misuse of classified information
may result in
and threats) of the sovereignty, territorial integrity or democratic foundations
The Czech Republic,
b) considerable damage in the Czech Republic in the financial, monetary or economic
the area,
(c)), the loss of human life or threats to the health of the population,
d) disruption to the internal order and security of the Czech Republic,
(e)) a serious threat to bojeschopnosti of the armed forces of the Czech Republic,
North Atlantic Treaty Organization or of its Member State, or
the Member State of the European Union,
(f) a serious threat to important security) operations or activities
intelligence services,
(g)), a serious threat to the activities of the North Atlantic Treaty Organization,
The European Union or of a Member State,
h) serious disturbances in the diplomatic relations of the Czech Republic to the Organization
The North Atlantic Treaty, the European Union or of a Member State or
to another State, or
I) serious increase in international tension.
(4) the interest of the Czech Republic free of injury produces a compromise of EU classified
information to any unauthorized person or misuse of classified information
may result in
and the deterioration of the relations of the Czech Republic) with a foreign power,
(b) individuals, security threats)
(c)) the threat of the armed forces of the Czech Republic bojeschopnosti, the Organization
The North Atlantic Treaty, or of the Member State or Member
State of the European Union,
(d) security operations or threats) of the activities of the intelligence services,
e) threat to the activities of the North Atlantic Treaty Organization, the European Union
or of a Member State,
(f)), or risk the destruction of the Communist vetting or investigating separately
serious crimes ^ 10) or facilitate their perpetration, the
(g) the emergence of substantial damage), the Czech Republic, or
h) serious disturbance to the economic interests of the Czech Republic.
(5) Detrimental to the interests of the Czech Republic is the disclosure of the classified
information to any unauthorized person or misuse of classified information
may result in
and) disruption of the armed forces of the Czech Republic, Organization
The North Atlantic Treaty, or of the Member State or Member
State of the European Union,
(b)), or risk the destruction of the Communist vetting or investigating
other than the offences referred to in paragraph 4 (b). (f)) or
facilitate their perpetration, the
(c) damage to important economic interests) of the Czech Republic, or
The European Union or of a Member State,
d) disruption of important business or political negotiations, the Czech
Republic with a foreign power, or
(e) violation of safety or operations) of the activities of the intelligence services.
§ 4
Classification
Classified information is classified classified
and) strictly confidential if its disclosure of any unauthorized person, or
misuse can cause extremely serious injury to the interests of the Czech Republic,
(b)) the secret if its disclosure of unauthorized person or abuse may
cause serious prejudice to the interests of the Czech Republic,
(c)) Confidential if its disclosure of unauthorized person or abuse
can cause a simple injury to the interests of the Czech Republic,
d) Reserved, if its unauthorized disclosure or misuse of
It may be disadvantageous to the interests of the Czech Republic.
§ 5
Types of protection of classified information
The protection of classified information is secured
and personnel safety, which) consists of the selection of the natural persons who
to have access to classified information, the verification of the conditions for their
access to classified information, education and protection,
(b) industrial security), which consists of a system of measures to detect and
verification of the conditions for entrepreneurs to access classified information and to
ensure the management of classified information for entrepreneurs in accordance with the
This law,
(c)), the administrative security, which make up the system of measures for
creating, receiving, recording, processing, sending, transporting, transferring,
Save, discard control, archiving, or other waste
classified information,
(d)), which consists of a physical security system, measures to
unauthorized person to prevent or make it difficult for access to classified information,
where appropriate, access, or attempt to capture him,
(e) the security of information or communication) systems, which consists of
the system measures whose aim is to ensure the confidentiality, integrity, and
the availability of classified information, with which these systems are engaged, and
responsibility for management and users for their activity in the information, or
the communication system and
(f)), which consists of a cryptographic system protection measures on the protection of
classified information using cryptographic methods and
cryptographic material in the processing, transmission, or storage of
of classified information.
Title II
Personnel safety
Conditions of access for natural persons to the classified information classification
Reserved
§ 6
(1) a natural person may be granted access to classified information degree
reserved, if it needs to perform its functions,
work or other activities, is the holder of a notice of compliance with conditions
for access to EU classified information to the level of dedicated (hereinafter referred to as
the "notice"), the certificate of physical persons (§ 54) or a document (section 80) and is
taught, unless otherwise provided in this Act or special legislation otherwise (section
58 to 62).
(2) the notice shall be issued to a natural person who
and) is fully svéprávná,
(b)) has reached at least 18 years of age,
(c)), it is impeachable.
(3) the conditions referred to in paragraph 2 and the notice of the physical person
issued by one who is against it in the context of the service or
the official, Member or the like relation of the person responsible, or
her designated person. In the case of a natural person in respect of whom there is no responsible person
According to the first sentence, that the conditions referred to in paragraph 2 and the notice
a natural person shall be issued by the person responsible or designated person, who
will allow a natural person access to the classified information classification
Reserved. In the other cases, compliance with the conditions referred to in paragraph 2
validates and notification of a natural person shall be issued by the National Security Office (hereinafter
"the authority") on the basis of a reasoned written application.
section 7 of the
(1) the requirement to prove the statement, mom to physical persons on the
mom. The condition of age proof identity card or
travel document of a natural person. The condition of integrity shall be
a statement from the criminal register ^ 11) and in the case of foreigners and the like
a testament to the State of which the foreigner is a national as well as State
where a foreigner has resided continuously for longer than 6 months. Documents to
verification of integrity must not be older than 3 months from their date of issue.
(2) the documents referred to in paragraph 1 shall be submitted by a natural person.
(3) Implementing legislation provides for model declarations of natural persons
mom.
§ 8
Integrity
The condition meets the physical integrity of the person, which has not been
sentenced for committing an intentional crime or offence
relating to the protection of classified information, or staring at her,
as would be doomed.
§ 9
(1) before the first access to the classified information classification
Dedicated to the one who is against the natural person in the framework of the service, or
the official, Member or the like relation person responsible,
ensure that its lessons. In the case of a natural person against whom is not responsible
the person referred to in the first sentence, the responsible person shall ensure that the lessons of the person who
access to classified information. Instruction signed by the natural person
and the one who made the lessons; a copy of the lesson she passes and one
copy saves ^ 12).
(2) the person who delivered the notice is required every 5 years from the date of its
the issue of verifying the fulfilment of the conditions set out in section 6 (1). 2 (a). and) and
(c)); to check compliance with these conditions is entitled to (i) before the expiry of this
period, if there are grounds for reasonable doubts about the person stopped
one of them meet.
(3) the notification shall cease
and a written notification of the delivery), who issued it, that the natural
the person no longer meets the condition set out in section 6 (1). 2 (a). and) or
(c)),
(b)) the termination of service or employment, the Member or
the like relation, in which the natural person granted access to the
classified information,
(c)) the emergence of the service or employment, the Member or
the like relation, in which the natural person granted access to the
classified information, if the notice was issued by the responsible person
or her designee who allowed access to the physical person
the classified information to the level of classification of the reserved, or by the authority under section 6
paragraph. 3,
(d) upon the death or declaration of a person) for the dead,
(e)) by announcing its theft or loss,
(f)) in a damage that the entries therein are illegible or is
violated his integrity,
g) delivering a written notification of the person who issued it, that the natural
the person did not fulfil an obligation within the time limit under article 10, paragraph 1. 2 (a).
(b)),
h) by returning the notice, who issued it, and if it is not, so the authority,
I) the 15th day from the delivery of the certificate of the natural person or the document
or
(j) changing any of the information) contained therein.
(4) when the demise of the validity of the notification referred to in paragraph 3 (b). ) and (g))
the one who issued the notice, shall ensure that a natural person not
access to classified information, and this is bound to the physical
notify the party in writing. In a written notice stating the reason for the demise of the
the validity of the notice. When the demise of the validity of the notification referred to in paragraph 3
(a). b) to (d)), f), (h) or (i))) is the one who issued it, obliged to
This demise to make a written record that stores the ^ 12).
(5) if the holder of the notification within 15 days from the date of its demise the validity of
in accordance with paragraph 3 (b). (e)), f) or (j)) in writing of the person who requests the notification
issued, on the issue of notification of a new, natural persons access to classified
the information is not the demise of the validity of the original notices prejudice; the one who
issued, shall issue within 5 days from the receipt of the notification of the new, which
replaces the original.
(6) When the demise of the validity of the notification referred to in paragraph 3 (b). and (g))) or is
a natural person shall be obliged to submit a notification within 15 days from the date of delivery of the
a written notification and in the case of the demise of the validity of the notification referred to in
paragraph 3 (b). (b)), (c)) or i) to 15 days from the date of dissolution,
who issued it.
(7) in the case of the demise of the validity of the notification, it is considered that the natural person
It is not advised.
(8) detailed legislation lays down the model of the notification and the lessons learned.
§ 10
(1) the conditions referred to in section 6 (1). 2 (a). and (c))) must be a natural person,
that is the holder of the notice, comply with all the time to access the
classified information classification Reserved.
(2) a natural person referred to in paragraph 1 shall be obliged to
and to communicate in writing), who issued the notice,
1. a change relating to the conditions referred to in section 6 (1). 2 (a). and (c))),
2. theft, loss of or damage to the notification,
3. the day of delivery of the certificate of the natural person or the document
4. the facts referred to in section 9 (2). 3 (b). (c)), f), and (j)),
and within 15 days from the date on which the change or event occurred,
or natural person,
(b)) in cases under section 9 (2). 2 to submit by the deadline at the request of
of the person who issued the notice, an extract from the criminal register ^ 11), in
the case of a foreigner and a similar document of the State of which the foreigner is a national
national, as well as the State in which the alien has resided for a continuous period
longer than 6 months in the last 5 years, and the Declaration of the natural person about
mom; These documents must not be older than 3 months.
Conditions of access for natural persons to the classified information classification
Top secret, secret or confidential
§ 11
(1) a natural person may be granted access to classified information degree
classification of top secret, secret or confidential if it necessarily
It needs to perform its function, work or other activities, is
possession of a valid certificate of physical persons (§ 54) of the degree
confidentiality and is taught, unless otherwise provided by this law or specific legal
Decree otherwise (section 58 to 62).
(2) before the first access to the EU classified information shall be strictly
the secret, secret or confidential, the one who is against the physical person in the framework of the
employment or an employment relationship, of a member or the like
the person responsible, shall ensure its lessons. In the case of a natural person in the
relation to which it is not the responsible person referred to in the first sentence, shall ensure that lessons
the responsible person of the legal person, who have access to classified information
will allow. Instruction signed by the natural person and the one who made the lessons;
a copy of the lesson she passes, one copy saves ^ 12) and one sends
The Office. Obligation to send one copy of the lessons of the authority shall not apply to
the intelligence services of the Czech Republic ^ 13) (hereinafter referred to as "intelligence
services ") in the cases referred to in § 140, paragraph. 1 (a). and) and the Ministry of
the Interior, in the cases referred to in § 141, paragraph 1.
(3) the Director of the Office of the Director of the lessons learned and the security information service
the President of the Government, the lessons of the Director Office for foreign relations and
the information shall give the Minister of the Interior and the Director of the military
the news makes the Minister of defence; for signature, transmission and storage
the printout of the lesson applies, mutatis mutandis, paragraph 2.
(4) in the case of the demise of the validity of the certificate of physical persons (article 56, paragraph 1)
or termination of service or employment, the Member or
the like relation, in which the natural person granted access to the
EU classified information, it is considered that a natural person is not advised.
§ 12
The conditions for the issue of a certificate of physical persons
(1) the Office shall issue a certificate of physical person to a natural person that
a) is a citizen of the Czech Republic or a national
the Member State of the European Union or the North Atlantic Treaty Organization,
b) fulfils the conditions referred to in section 6 (1). 2,
(c)) is personal and eligible,
(d)) is security, reliable.
(2) the conditions referred to in paragraph 1 must comply with the natural person after all
the period of validity of the certificate of physical persons (section 55).
section 13
Personal eligibility
(1) personal eligibility Condition meets the natural person
do not suffer from a disorder or difficulty, which may affect its reliability
or the ability to conceal information.
(2) Personal eligibility referred to in paragraph 1 shall be verified on the basis of the
Declaration eligibility to personality and, in the cases provided for in this
the Act (section 106) and on the basis of the expert opinion of the personality
eligibility.
(3) the intelligence with its members, employees, and applicants for
a job or for admission to the service in the cases referred to in § 140
paragraph. 1 (a). and the Ministry of the Interior) and, in the cases referred to in section 141 paragraph. 1
verifies the personal competence on the basis of the Declaration to the personality
or on the basis of a psychological examination of the psychological
workplace intelligence services or the Ministry of the Interior.
§ 14
Safety reliability
(1) the condition of safety reliability meets the natural person in which the
It is not found to be a security risk.
(2) a security risk is
and) serious or repeated activity against the interests of the Czech Republic,
(b)) activity, consisting in the Suppression of the fundamental rights and freedoms, or
to support such activities,
(c)), the fact that are clearly disproportionate to the property properly
the avowed income of a natural person.
(3) for the safety risk can also be considered as
and inclusion in the folder) of the former State security with rozvědným or
kontrarozvědným focus, the intelligence administration of the General staff
The Czechoslovak people's army or the Department of Homeland Protection Corps remedial
education or demonstrable cooperation with the former State security
or intelligence administration of the General staff of the Czechoslovak people's
the army or the Department of Homeland Protection Corps of remedial education,
(b) use a different identity,)
(c) an intentional violation of the law), which can occur
injury to the interests of the Czech Republic,
d) behavior that affects the credibility or suggestibility of the person and
can affect her ability to conceal the information,
e) contacts with the person who develops or developed activities against the interest of the Czech
of the Republic,
(f)), the final conviction for the offence,
g) placing false information or of withholding information relevant for the
the objective findings of the actual state of things in proceedings under part four
or not reporting changes to the data referred to in the annex to this application for
issue of the certificate of physical persons (section 94), or another material
the authority provided in the annex to this application,
h) breach of the obligation to protect classified information,
even non-necessary) repeated participation in safety management
initiated under § 101 paragraph. 1, or
j) conditional cessation of criminal prosecution for intentional criminal offence, or
the conditional postponement of the submission of the proposal for punishment for an intentional criminal offence,
which provided for a trial period has not yet expired, or the approval of the
settlement for an intentional criminal offence.
(4) safety risks referred to in paragraph 2 and paragraph 3 (b). and)
the case of the application referred to in section 94 are finding for the period from 15 years of age;
security risk referred to in paragraph 3 (b). (b)) to (i)) shall be 10
years backward from the submission of the application for the classification of Confidential, 15 years backwards
for the classification of secret and 20 years backward for the classification of Strictly
the secret, or for the period from 15 years of age, depending on which of them is the
shorter.
(5) to the security risk referred to in paragraph 3 (b). (b))
be taken into account, if a natural person used a different identity from the legal
reason.
(6) in determining whether a fact referred to in paragraph 3 is
security risk, taken into account to the extent to which may affect the
the ability to conceal the information, to the time of the occurrence, extent,
the nature and behavior of the physical person in the period referred to in paragraph 4.
(7) the intelligence with its members, employees, and applicants for
a job or for admission to employment may, when assessing the
perform security risk fyziodetekční examination.
Title III
Industrial safety
Conditions for access to EU classified information to the businessman and the forms of access
entrepreneurs to classified information
§ 15
Entrepreneurs, which is essential for the performance of its activities needs access to the
classified information
and classification of the reserved,) can allow access if
1. a written statement showing its ability to ensure the protection of the
classified information (hereinafter referred to as the "Declaration of the entrepreneur"), or
2. is the holder of a valid certificate (§ 54),
(b) the classification of confidential and) higher, you can allow access if it is
possession of a valid certificate (§ 54) of the degree
confidentiality, unless otherwise provided by this Act (section 58 to 62).
§ 15a
Declaration of the entrepreneur
(1) the entrepreneur is entitled to make a declaration of the entrepreneur, if
and for the protection of classified) information classification Reserved
create conditions corresponding to a form of access to this information (section 20)
and ensure its protection to the species concerned (section 5),
(b)) the responsible person is the holder of a notice, certificate, physical person or
the document.
(2) the conditions for access to classified information in accordance with § 15 (b).
and point 1) shows a businessman providers classified information degree
reserved (hereinafter referred to as "dedicated provider information")
by passing the Declaration of entrepreneurs before the first access to this information;
He is entitled to from the entrepreneurs require security
documentation of the entrepreneur. Provider of dedicated information a copy of the
Declaration of the entrepreneur to the Office without delay.
(3) an entrepreneur, in which secret information classification Reserved
will only arise, the entrepreneur shall send the Declaration immediately after it
they do, of the authority.
(4) an entrepreneur, that terminates access to the classified information degree
reserved, shall immediately be notified in writing of this fact, to whom
in accordance with paragraph 2 or 3, forward or posted by the Declaration of the entrepreneur; It
does not apply, if the extinction of the entrepreneur's declaration referred to in paragraph 5
(a). and).
(5) the validity of the Declaration of the entrepreneur shall cease
and the end of the 5 years) from the day when it was made,
(b) the date of receipt of written notification) entrepreneurs in accordance with paragraph 4
providers of dedicated information or Authority,
(c)) date of receipt of certificate,
(d) the cancellation or termination of the entrepreneur),
(e)) if has stopped the entrepreneur must meet one of the conditions referred to in
paragraph 1, or
(f) change any of the data) referred to in the Declaration.
(6) the Entrepreneur shall immediately notify the termination of validity of the Declaration
in accordance with paragraph 5 (b) entrepreneurs. c) to (f)), who referred to in paragraph 2
or 3 handed or posted by the Declaration of the entrepreneur.
(7) the formalities for the Declaration of the entrepreneur lays down detailed legal
prescription.
section 16 of the
The conditions for the issue of a certificate of the entrepreneur
(1) the Office shall issue a certificate of the entrepreneur entrepreneurs,
and) which is economically stable,
(b)) that is reliable, security-
(c)) that is able to ensure the protection of classified information,
(d)) if the responsible person is the holder of a valid certificate of physical persons
at least for such a classification, for which calls for the extradition of businessman
certificate,
(e)) which, when applying for the issue of a certificate of the entrepreneur pay
the administrative fee in accordance with other legislation ^ 48).
(2) the conditions referred to in paragraph 1 (b). and (d))) up to the entrepreneur must
meet all the time of validity of the certificate (section 55).
§ 17
Economic stability
(1) the condition of economic stability does not meet the entrepreneur,
and in which the Court declared) moratorium ^ 15),
(b)) to the assets of the bankruptcy decision is released ^ 15),
(c)), which was introduced by the receivership or in the last 3 years
temporary administration or on him in the last 3 years has been applied
measures to deal with the crisis, according to the law governing the recovery procedures and
solution to the crisis on the financial market.
(2) for the economically unstable can be also considered as an entrepreneur,
and that has a balance due payable) on social security, on
contribution to the State employment policy or insurance on public
health insurance, including finance charges,
(b)) which has an outstanding balance due on income tax, value added tax
values or on other taxes, including the relevant finance charge on the outstanding amount,
where appropriate, on the vyměřeném duty, including any interest,
(c)) that permanently or repeatedly fails to meet the financial obligations to the State,
natural or legal persons, or
(d)) in which it was decided about the seizure of his assets.
section 18
Safety reliability
(1) the condition of safety reliability does not meet the entrepreneur, for which the
It was found to be a security risk.
(2) a security risk is
and) activity of the statutory body or its Member, a member of the supervisory
authority or of authorized against the interests of the Czech Republic,
(b) the statutory body or activity), its Member, a member of the supervisory
authority or of authorized, consisting in the Suppression of the fundamental rights and
freedoms, or support such activities,
(c)), the fact that the entrepreneur is a joint-stock company with the form of the shares on the
the owner of another form, before the shares are dematerialised,
(d)), the fact that it is a partner that has a decisive influence on the choice of
or the appointment of a statutory or control body of the entrepreneur
in the form of joint-stock company with shares with another form than are
dematerialised shares.
(3) for the safety risk can also be considered as
and) putting false information or of withholding information relevant for the
objective and complete findings of the actual state of things when the authentication
conditions for issuance of the certificate or not reporting changes
referred to in the application under section 96 or other material provided by the Office of
to this request,
(b)), the capital, financial or business relations to other natural or
legal persons or to a foreign power, that are developing or have developed
working against the interests of the Czech Republic,
(c) instability in the statutory personnel) or supervisory authority or
in the proxy, the staff
(d) violation of the obligation to protect) classified information,
(e) the final conviction of the physical persons), which is a Member
entrepreneur, for an intentional criminal offence,
(f) an intentional violation of the law) a companion to the entrepreneur, a member of the
cooperatives or other person who has a decisive influence on the election or
the appointment of a statutory or control body of the entrepreneurs or
cooperatives, or his activities against the interests of the Czech Republic,
g) intentional breach of legislation the persons authorized on behalf of the
businesses or entrepreneurs to act, which may occur
injury to the interests of the Czech Republic,
h) relationship of the person, which is based on the employment contract, the Member or
another influence on the contract negotiations, entrepreneurs, to natural persons
or legal persons, or to a foreign power, that have developed or are developing
working against the interests of the Czech Republic,
I) the fact that a statutory or control body of the entrepreneurs or
a member of a statutory or control body of the entrepreneur's legal
person,
(j) the failure to provide the necessary synergies) repeated in the proceedings initiated
under § 101 paragraph. 1, or
to a final conviction for entrepreneurs) offense.
(4) the interests referred to in paragraph 2 (a). (d)) and paragraph 3 (a). (f))
is the ability to enforce effectively, or on the basis of the appointment, the appeal
or the choice of the person, which is a statutory body, or the majority of people,
which are its members or members of the supervisory authority or
of the cooperative. Due in accordance with paragraph 3 (b). (h)) is the ability to influence the behaviour of
entrepreneurs through the rules governing this entrepreneur.
§ 19
Competence to secure the protection of classified information
Condition of eligibility for the protection of classified information
does not meet an entrepreneur who is not able to ensure and respect the
individual species to ensure the protection of classified information under this
the law, depending on the level and form of access to the
the classified information.
section 20
Forms of access to classified information of the entrepreneur
(1) the entrepreneur has access to classified information,
and with him), that produces, or is granted, or
(b)) which, for him, does not, or is not provided, but to which they have
access to employees or persons acting on behalf of the entrepreneur
or a businessman, in connection with the performance of the work or other
activities for entrepreneurs on the basis of the Treaty.
(2) in the case of access referred to in paragraph 1 (b). (b)) the entrepreneur must
satisfy the condition under section 16. 1 (a). (c) ensuring the protection only)
classified information security personnel [section 5 (a))].
Title IV
Administrative security
Indication and registration of classified information
section 21
(1) The information that fills the characters section 4 and is included in the list
classified information is obliged to indicate the name of the agent, the degree of
its secrecy, its registration mark and the date of its creation, if not
unless provided otherwise below.
(2) the classified information provided by the Czech Republic the foreign power shall
authority of the State, a legal person or a natural person-entrepreneur, if this
classified information recorded as the first (section 77 to 79), classification,
that is mentioned in section 4, and in accordance with the international treaty, which is
Czech Republic tied and on the basis of secret information is
provided, including any keys under this agreement (for example,
the acronym "EU", "EURO" or "NATO"), or in accordance with a request of the foreign
or classified foreign power on the provided classified
information marked; the name of the originator and the date of creation of classified information
It also possesses.
(3) the classified information, which requires the tightened conditions
the provision of individual types of protection of classified information (hereinafter referred to as
"the special arrangements for waste management") laid down in particular in the areas of international
the Treaty, which the Czech Republic is bound, or the provisions of the international
the Organization, which is a member of the Czech Republic, shall also be competent
additional markings (for example, the marking "KRYPTO", in the case of classified
cryptographic protection of the information from the area, and the designation "ATOMAL", if it is
about the classified information from the area of weapons of mass destruction).
(4) if the information particulars referred to in paragraphs 1 to 3 shall be indicated
so that is it possible to determine at any time.
(5) a classified information is registered in the administrative AIDS
specified in the implementing regulation and in the manner laid down therein; It
does not apply if the classification of materials Dedicated to the
the classified information to the level of dedicated person responsible shall provide
They also protect. Administrative AIDS are also recorded
transmission, repossession or other movement of classified information.
(6) a copy of a copy of the translation, or classified information classification Strictly
secret or an extract from it may be made only on the basis of the written
consent of the originator; If the classified information classification Secret
or confidential, may be made only with the written consent of the directly
the parent of the person.
(7) the Classified information can be transported or transmitted only in the
portable containers or in a closed container, depending on its
the classification and its carrier; It can only be transported
through a courier service or the postal licence holder ^ 17).
(8) the recipient shall confirm the takeover of classified information, unless otherwise specified in this
law (section 23 (1)).
(9) the Classified information can be used in the course of its discarding periods, as laid down
under special legislation ^ 18), rent only to natural persons,
the authority of the State, a legal entity or a physical business
the person in the staff or in employment, the Member or similar
the relationship.
(10) the decommissioning of classified information in the discard procedure shall
proceed under special legislation ^ 18).
section 22
(1) the degree of confidentiality to the originator of the classified information shall indicate in its
creation, unless otherwise provided by this Act (section 70).
(2) classification of the classified information must be maintained
throughout the duration of the reasons for the secrecy. Without the consent of the originator or
providing a foreign power may not be the classification changed or canceled.
(3) if required by the nature of the classified information, the agent must indicate the
on the classified information, the time that the information will be concealed; the degree of
secrecy shall lapse on the expiry of the period indicated.
(4) the classification of the agent shall be immediately withdrawn or changed after a finding that the
the reason for secrecy has ceased, the grounds for confidentiality of the information do not match
established by the classification or classification established
unduly, and the classified information this cancellation or change its
classification shall be indicated.
(5) the originator is obliged to examine whether the reason for the secrecy of the information takes,
and at least once every five years from the date of its creation.
(6) if the originator has made the cancellation or amendment of the classification referred to in paragraph
4, shall notify this fact immediately in writing to the addressees of the classified
information. Recipients of EU classified information shall immediately notify in writing the
the fact all other addressees to whom classified information
made available.
(7) the addressee on receipt of the notification referred to in paragraph 6 to the classified
information cancellation or change of classification shall be indicated.
(8) if the originator has lapsed, the cancellation or modification of the classification according to the
paragraph 4 and the notification referred to in paragraph 6 of its legal successor, and if it is not
or it does not fulfil the legal successor of the conditions of access to classified
the information Office.
section 23
(1) unless it is a classified information requiring special arrangements
management, it does not apply the obligation provided for in § 21. 8 on the
transmission of classified information
and the classification of Secret) between the intelligence services and the like
the services of a foreign power, carried out in the framework of cooperation by the Special
the Law ^ 19) in cases where the procedure provided for in § 21. 8 cannot be
keep,
(b)) provides for the classification of Reserved, so the responsible person and the
does not require an explicit foreign power or the originator of the classified information
confirmation of its acceptance.
(2) the implementing legislation provides for
and indication of the requirements on) way of the classified information in accordance with § 21
paragraph. 1 to 4 and section 22 paragraph 1(b). 1, 3, 4 and 7, in particular in relation to the degree of
the confidentiality of classified information and classified information
(b)) types of administrative AIDS referred to in § 21. 5, and in the
the form of books, workbooks or worksheets, their elements and the organizational and
the technical requirements for their keeping, and the scope of the underlying materials
the degree of secrecy Dedicated to classified information classification
Reserved,
(c) if the requirements of the consent to) copy, copy, extract and translation
classified information (§ 21.6), the way of marking requirements on
them and the method of taking the extract,
(d)), transferring to the transport details, takeover and lease the classified
information according to § 21. 7 to 9 and on to the next with related
the handling of it, including an organization ensure these activities,
requirements on portable containers and packaging and indication of the competent
requirements on them, in particular in relation to the classification of a classified
information and classified information.
(3) the provisions of this title shall not apply to the processing and transfer of
classified information in information systems and cryptographic
resource.
(4) the communication of the collection of laws promulgated by the conversion table in degrees
confidentiality in accordance with international treaties, which the Czech Republic is bound.
The Head Of The
Physical security
section 24
(1) for the protection of classified information within the physical
the safety of objects is determined, secure the area and meeting area.
(2) the object is a building or other enclosed space, in which the
usually located in a secure area or in the rules area.
(3) Secure areas is enclosed in the object.
(4) the rules of the areas is enclosed in the object. Classified
information classification of top secret or secret can be regularly
discuss only in the rules area.
(5) the Secret information is processed
and in a secure area of the relevant) category or higher,
(b)) in the appropriate category or higher object, if it is ensured that the
the classified information to an unauthorized person has access,
(c)) in justified cases, with the written consent of the responsible person or
the Security Director of the object in a different category than the classification level
handled classified information, if it is to ensure that EU classified
the information does not have access to an unauthorized person, or
(d)) in justified cases, with the written consent of the responsible person or
the Security Director of the object, if it is out to ensure that EU classified
the information does not have access to an unauthorized person.
(6) the Secret information is stored in a secure area of the relevant
category or higher and, where appropriate, in a safe, lockable cabinet
or other mailbox for the conditions laid down in the implementing the legal
the code.
§ 25
(1) a secure area with the highest level of classification of the classified
the information that is in them, and stores the objects according to the highest degree
the confidentiality of classified information, which the handles are classified into
categories
and top secret),
(b)),
(c)) Confidential or
(d)).
(2) Secure the area, according to the possibilities of access to classified
the information to be classified into classes
and even when the class) entering into this area leads to the introduction to the
classified information,
(b) class II) when entering this area does not become familiar with the
classified information.
(3) entry into the secure area and the output from it must be checked
the measures referred to in section 27. An unauthorized person may only enter into
the secure area of the class II, to a person who has in this area
input enabled.
(4) in justified cases, with the written consent of the responsible person or
It can be delegated to the time required to change the class and the class
(II) if it is ensured that the information does not have access to classified
an unauthorized person.
section 26
Discussion of classified information
(1) the responsible person is required to ensure that, in the rules area under section
24 paragraph. 4 avoid the threat or release pending classified
the information.
(2) to comply with the obligations referred to in paragraph 1, the person responsible shall be obliged to
ask the Office to carry out the checks, whether in the rules area does not
illegal use of technical means intended for acquisition
information; about how to perform this check, you may ask the person responsible
also for the secure area of the category of secret or top secret. This
the control authority shall ensure, in cooperation with the intelligence services and
The police of the Czech Republic (hereinafter referred to as "the police"). For your need
the intelligence services and the police carried out checks themselves.
(3) entry into and exit from the area must be controlled
the measures referred to in section 27. An unauthorized person can enter into the rules
the area only with a person who has access to this area.
section 27 of the
Physical security measures are
and security,)
(b) the regime of measures)
(c) the technical means).
section 28
(1) the Security is continuously ensures, in which the object is located
secure area category
and top secret), at least 2 persons on the object,
(b)), at least 1 person Secret object and 1 other person, that the alarm
reporting to the technical means allowing fast intervention, if the implementation
the protection of classified information is violated, the
(c)) confidential, at least 1 person alarm reporting technical
the funds will allow the rapid intervention, if the implementation of the protection of classified
the information is distorted.
(2) in the case of the object in which the secure area of not more than
the category Reserved for the object, and without a secure area or the rules
area surveillance ensures the extent laid down by the responsible person.
(3) in the case of the object, in which the rules of the area in which regularly
discuss classified information classification of top secret,
Security provides at least 2 persons for the object; the object, in which the
located in the rules area, which regularly discuss the classified
information classification of Secret, at least 1 person object and 1 more
the person that the alarm report technical means enabling fast
intervention, if the implementation of the protection of classified information.
(4) surveillance of employees, the State provides legal persons
or entrepreneurial natural persons whose object goes, members
the armed forces or of the armed security forces or members of the
the armed forces of a foreign power or staff safety protective
the service.
section 29
Regime measures provides for the privileges of persons and means of transport for
entrance to the object, the permission of people for access to the secure
area and area, and the way to control these permissions and
the way of handling with the keys and identification devices that are
used for security systems inputs according to § 30 paragraph. 1 (a). (b)), and
way of manipulations with the technical resources and their use. Regime
the measure also establishes the permissions when the output of the persons and the exit traffic
the resources of the object, and control of, the conditions and the method of checking
movement of persons in the building, secured the area and meeting area and method
control and passing classified information from the object, secure
the area and the rules for the area.
section 30
(1) the technical means are particularly
mechanical anti-theft devices),
(b) the electrical interlocking devices) and systems for the control of inputs,
(c)) the electrical security signalization,
(d)) special television systems,
e) emergency systems
(f) electrical fire alarm device),
g) device used to search for dangerous substances or articles
(h) physical destruction) media information
I) device against passive and active eavesdropping classified information.
(2) point rating (section 31 (1)) shall be assigned a certified
technical resources [section 46 (1) (a))], and the person responsible or
the person responsible for the approved necertifikovaným her technical resources.
(3) the technical means referred to in paragraph 1 in the case of the participation of
The Czech Republic in an international armed conflict, the international
emergency and humanitarian action, in other foreign missions, in
the case of the announcement of the State of war, in case of danger, State of emergency
the State or a State of emergency, ^ 20) in the case of intelligence operations
the intelligence services and the activities of the armed forces of the Czech Republic
in the context of military exercises and practical military training with the military
technology and military equipment outside the place of permanent stationing of military
the Department replace the increased security, than what is listed in section 28,
carried out by members of the armed forces or of the armed security
choirs based on specific legislation, or of ^ 21)
the armed forces of a foreign power.
section 31
(1) the rate of the security rules of the area and secure the area measures
physical security is determined by the point values of these measures in the
Depending on the risk assessment; point values and the lowest rate
security are laid down in the implementing regulation.
(2) physical security Measures or a combination of these measures
must correspond to at least the lowest level of security in the rules area, or
secure the area and determined depending on the risk assessment and the
the classification of classified information, which are in the rules area
regularly discussed, or the category of the secure area.
(3) the measures provided for in paragraph 2 and of the measures the physical safety of the object
without a secure area or in the rules area approves and provides
the responsible person or the person in charge of the project to her physical safety.
(4) the risk assessment must be carried out continuously, and if necessary
must be a degree of physical security measures.
(5) the authority of the State, the legal person and the natural person-entrepreneur are
required to ensure and regularly check whether the measures applied to the physical
the safety of the project correspond to physical security and legislation
in the area of protection of classified information.
§ 32
The project of physical security
(1) the project physical security in cases where the object
secure area categories top secret, secret or confidential,
contains
and the determination of the object and secure) areas, including their boundaries and
determine the categories and classes of the secure area,
(b)), risk assessment
(c)) how to use the measures of physical security,
d) operational rules of object and
(e)) and object security plan secure areas in crisis
situations.
(2) project physical security in cases where the object is located
secure area only includes a Dedicated category,
and the determination of the object and secure) areas, including their boundaries and
determine the categories and classes of the secure area and
(b)) how to use the measures of physical security.
(3) project physical security in cases where the object is located
in the rules area contains
and the determination of the object and the rules), including their boundaries,
(b)), risk assessment
(c)) how to use the measures of physical security,
d) operational rules of object and
(e)) and object security plan rules area in crisis situations.
(4) project, the physical security of the object categories top secret, Secret, and
Confidential without a secure area or in the rules area contains
and destination) object, including its borders,
(b)) how to use the measures of physical security,
(c) the rules of operation and object)
d) security plan object in crisis situations.
(5) physical security Project category Reserved object without
secure area contains the destination object, including its borders.
(6) on the project, physical safety in the cases referred to in § 30 paragraph. 3
the provisions of paragraphs 1 to 5 shall apply mutatis mutandis; the scope of the project approved
and determine the person responsible or designated person.
(7) the project physical safety is imposes on the person responsible or
the Security Director.
section 33
The enabling provisions
The implementing legislation provides for
and storage of classified information), depending on the degree of their
confidentiality (section 24, paragraph 6)
(b) the implementation of) the organisational requirements (section 28) surveillance and security
in the rules area or secure areas of this surveillance, including the determination of
the categories of persons referred to in section 28, paragraph. 4, depending on the degree of
the confidentiality of classified information, which are in the rules area regularly
discussed on the category of the object or on the category secure
the area,
(c)) režimových details the measures (section 29),
(d)) the requirements for technical resources, referred to in section 30, paragraph. 1, and
security objects, meeting area, or secure the area following
resources, depending on the degree of confidentiality of classified information, which
are regularly discussed in the rules area, or on a category
secure area, or on the category of the object
e) point rating of the individual measures of physical security and
the point value of the lowest rate of the security rules of the area or
secure the area, including the basic methods of risk assessment (section 31, paragraph.
1 and 2),
(f)) the frequency and method of authentication, whether used measures of physical
the safety of the project correspond to physical security and legislation
in the area of protection of classified information, depending on the degree of confidentiality
classified information (section 31, paragraph 5),
(g) rules) the content of the object and the object, the security plan
the secure area and meeting areas in crisis situations [§ 32
paragraph. 1 (a). (d)), and (e)) and § 32 paragraph. 3 (b). (d)), and (e))].
Title VI Of The
Security of information and communication systems
§ 34
Information system
(1) the information system nakládajícím with classified information for
the purposes of this Act, means one or more computers, their software
equipment, belonging to the peripheral devices, manage this information
system and related to this system processes or resources
able to carry out the capture, creation, processing, storage, display or
transmission of classified information (hereinafter referred to as the "information system").
(2) the information system must be certified by the authority [of section 46 (1) (a).
(b))], and approved, in writing, to the service of the person responsible or responsible for
person.
(3) the information system of the entrepreneur, who has access to classified
information classification of Reserved, may be approved to operate only in the
the time of validity of the Declaration of the entrepreneur; termination of validity of the Declaration
entrepreneurs also shall cease the approval information system into operation.
(4) to deal with classified information can only be in the information system
meeting the conditions referred to in paragraph 2 or 3.
(5) the approval of an information system into operation referred to in paragraph 2 shall
the responsible person or the designated officer in writing of the Authority within 30 days
from this approval.
(6) the implementing legislation provides for
and) requirements for the information system and the conditions of its safe
operation depending on the degree of confidentiality of classified information, with
which is treated, and on safety and operating mode
(b)) contents safety information system documentation.
section 35
Communication system
(1) the communication system nakládajícím with classified information (hereinafter
"communication system"), for the purposes of this Act, means the system
to ensure the transmission of this information between the end users and
that includes ending the communication device, transmission environment
cryptographic devices, service and operating conditions and procedures.
(2) communications system cannot operate without safety project
communication system approved by the authority. On the approval of the project
safety communication system for the Office, in writing, requests the authority of the State,
a legal person or a natural person-entrepreneur, that it will be
operate.
(3) the disposal of classified information can only be in communication system
meeting the conditions referred to in paragraph 2.
(4) the communication system must be approved in writing by the responsible service
person or authorised person.
(5) the communication system of the entrepreneur, who has access to classified
information classification of Reserved, may be approved to operate only in the
the time of validity of the Declaration of the entrepreneur; termination of validity of the Declaration
entrepreneurs also approval shall cease the communication system into operation.
(6) the implementing legislation provides for
and applications for approval of) the contents of project security communication system
and
(b) the particulars of the project) the security of the communication system and method, and
the conditions for its approval.
section 35a
The manipulation with the tactical information
(1) the tactical information, for the purposes of this Act, means the secret
information with short duration because of confidentiality. Tactical information
processes in the information or communication system and the
protects cryptographic protection.
(2) the protection of tactical information to the Secret classification may be
secured file also the measures laid down on the basis of the evaluation
the risks. The conditions of the different handling of tactical information modifies the
the safety standard.
Title VII
The protection of classified information when processing in electronic form in
the device, which is not part of the information or communication system
section 36
(1) when handling classified information in the electronic form in
the device, which is not part of the information or communication system,
in particular, in typescript with memory and device capable of copying,
record or view classified information or its transfer to another
data format, must be ensured the protection of classified information.
(2) the authority of the State, the legal person and the natural person-entrepreneur are
required for their operating equipment referred to in paragraph 1 may issue
safety operational directive; only in accordance with it, you can handle the
classified information.
(3) security operational directive referred to in paragraph 2 shall be for a
the device referred to in paragraph 1
and his safe) way,
(b) operational directive) for its users.
(4) the conditions for the safe operation of the equipment referred to in paragraph 1 in
Depending on the degree of confidentiality in it handled classified information
lays down detailed legal prescription.
Title VIII
Cryptographic protection
§ 37
(1) the Cryptographic material is a cryptographic device, material to the
ensure its function or cryptographic document.
(2) the cryptographic devices used for cryptographic protection
classified information must be certified by the authority [of section 46 (1) (a).
(c))].
(3) Cryptographic workplace is a workplace for the production or
testing of the material to ensure the cryptographic functionality of the device,
cryptographic material, or to store the distribution and registration of
cryptographic material or for the manufacture and testing of cryptographic
resources. Cryptographic Department must comply with the safety
standards and must be approved by the person responsible for the operation or
the Security Director.
(4) the cryptographic Department intended for production or testing material
to ensure the function of the Cryptographic device or that is central
distribution and registration place of the cryptographic material authority
the State, legal persons or the entrepreneurial natural persons, must be
the approval of the responsible person in the operation, or the safety Director
certified by the authority [of section 46 (1) (b), (d))].
(5) the authority of the State, the legal person and the natural person-entrepreneur
they perform cryptographic protection, must keep records of the cryptographic
material, protection, workers operating the cryptographic service
cryptographic devices and couriers of the cryptographic material.
§ 37a
Controlled cryptographic item
(1) a controlled cryptographic item means the non-classified
the device or its part, included in the list referred to in paragraph 3,
used to protect the information processing or transmission, and
using cryptographic methods.
(2) Controlled cryptographic item can only be used in accordance with the
safety standard.
(3) the equipment referred to in paragraph 1 or component on the basis of the written
the request of its manufacturer, importer, distributor or user authority shall approve
and it led to the list of controlled cryptographic
the items in the case that it is in accordance with the intentions of the Czech Republic in
ensuring the protection of classified information. "
section 38
The performance of cryptographic protection
(1) the performance of cryptographic protection means
and its security, Administration)
(b) a special cryptographic resource service), or
(c) production of a cryptographic device or) material to ensure its
function.
(2) the performance of cryptographic protection of the worker performs the cryptographic
protection that is
and for the performance of cryptographic protection) commissioned by the responsible person or the
an authorised person,
(b) holds a valid certificate) of the natural person and the
c) holds a certificate of professional competence of the worker
cryptographic protection (hereinafter referred to as "certificate of special training
eligibility ").
section 39
The special expertise of the cryptographic protection of the worker and
examination in special professional competence
(1) the special competence of the worker, the cryptographic protection
(hereinafter referred to as the "special expertise") includes the knowledge of the laws of the
the field of cryptographic protection of classified information, the ability of their
applications, and other capabilities in accordance with § 38 paragraph. 1. The knowledge and
ability Office validates the examination in special professional competence (hereinafter
"the exam"). Exam takes place before the trial by the Commission;
It is not a condition for its part to be performed in accordance with paragraph 3 (b). (b)).
The members of the examination Board shall appoint a person responsible or designated person
The authority or the authority of the State in accordance with paragraph 3 (b). and), who composed the
Professional exam, the authority or the authority of the State in accordance with paragraph 3 (b). and)
the certificate of professional competence, and leads about the registration.
The certificate of professional competence shall be issued for a maximum of 5 years.
(2) the application shall be made in writing to the expert the test person responsible authority
State or of the entrepreneur to the Office or by the designated authority of the State.
Exam must be held within 6 months from the filing of the application. The Office of the
or by the competent authority of the State to notify who of professional
the test requested, date and place of the Professional exam; the notification must
be sent no later than 20 days before the date of the Professional exam. The one,
who failed the test, while professional can do it repeatedly. Repeated
the test may be carried out as soon as possible after 5 working days from the date of
unsuccessfully performed tests.
(3) the authority may enter into a contract with the authority of the State to ensure the activities of the
under section 52, the object of which is the implementation of
and vocational test and release) of the certificate of professional competence,
or
(b)) part of the professional examination, relating to § 38 paragraph. 1 (a). (b)), or (c)) and
appropriate follow-up to the section 38, paragraph. 1 (a). and).
The contract referred to in subparagraph (b)), the Office may conclude with an entrepreneur.
section 40
Operating cryptographic service resource
(1) the operator of a cryptographic Operation means the power resource
user functions of the cryptographic resource.
(2) a person who carries out the operating handle of the Cryptographic device
referred to in paragraph 1, shall
and to this manual) to be responsible for the person responsible or responsible for
person,
(b)) must satisfy the conditions of access to classified information in accordance with § 6 (1). 1
or § 11 (1). 1 and
(c)) to this manual zaškolena.
§ 41
Handling of cryptographic materiel and controlled cryptographic
item
(1) handling of cryptographic material means way of transfer,
transport, leasing, storage or other handling, including
his eviction.
(2) the cryptographic material, you can record and manipulate it just
the way and means to ensure the protection of the cryptographic material
and meet the requirements, which lays down detailed legal prescription.
(3) the protection of the cryptographic material and resource to ensure its
the function classification Confidential, without saving, you can
ensure that the way in which this cryptographic means and
the material is permanently under the control of the authorized user.
(4) a controlled cryptographic item can be registered, operate,
store, transport, export, control and distribute in a way
to ensure its protection and meet the requirements of the safety standard.
section 42
The transport of cryptographic material and exports of cryptographic device
(1) the transport of cryptographic material performs a courier of the cryptographic
the material. The courier of the cryptographic material is the person who
and was commissioned to transport), the person responsible or authorized by a person,
(b) holds a valid certificate) is a natural person, at least to the degree of
confidentiality the cryptographic material, transported
(c)) was to transport zaškolena.
(2) from the territory of the Czech Republic, you can export a certified cryptographic
[section 46 (1) (b) (c))] only on the basis of the permit Office. For
export does not constitute the use of certified cryptographic
a resource outside the territory of the Czech Republic the authority of the State.
(3) the authorisation referred to in paragraph 2 may be granted on the basis of a written application.
Permit is issued for the export of a particular cryptographic resource and
It also contains the purpose of export. The authority shall not issue a permit, if the export
was threatened by the secret or classified information of the Czech Republic
information, to the protection of the Czech Republic has committed itself; This fact
shall notify the applicant for authorization. On the grant of authorisation is not legal
the claim.
(4) the Office shall keep a register of authorisations granted in accordance with paragraph 2.
§ 43
Kompromitace cryptographic material
(1) Kompromitací the cryptographic material means a waste
cryptographic material that has caused or could cause
the protection of classified information.
(2) the possibility of cryptographic material is the authority of the State, legal
a person or a natural person-entrepreneur is obliged to notify the Office.
§ 43a
(1) the distribution and registration of cryptographic material of the Czech Republic,
cryptographic material in the European Union and of the cryptographic material
distributed on the basis of an international treaty, with the exception of
cryptographic material for military purposes, the Office ensures.
The distribution and registration of cryptographic material Organization
The North Atlantic Treaty and the cryptographic material for military
the purpose of ensuring the Department of Defense.
(2) the conditions for registration, handling and control of the cryptographic material
in the Czech Republic, including in particular the possibility of setting up the accounts for
cryptographic material in the organs of the State or for the entrepreneur, leadership
registers, control functions, obligations of holders of the cryptographic
material to the Office or the Ministry of Defense and ensure the courier
services for the cryptographic material modifies the security of the European Union
standard.
§ 44
The enabling provisions
The implementing legislation provides for
and requirements for applications for training) test,
(b)), the contents and organization of the implementation of the Professional exam,
(c) the particulars of the certificate) in special professional competence,
(d)), the minimum requirements to ensure the safety management of the cryptographic
protection,
(e) provision of cryptographic operation) the details of the device,
(f) the method of operating operator training) Cryptographic device and
the courier of the cryptographic material and pattern confirmation of operational training
the operator of a cryptographic device and the courier of the cryptographic
material,
(g) details of the method of marking requirements) on the classified information from the
the field of cryptographic protection, in particular according to the type of the cryptographic
material,
h) types and elements of administrative tools of cryptographic protection
and the requirements for the keeping of these AIDS,
even more on the way) the requirements and means of handling the cryptographic
material,
(j) the content of the request for grant) permission for the export of certified
Cryptographic device from the territory of the Czech Republic and
the authorization,
to the evidence) the way referred to in section 37, paragraph. 5,
l) category of cryptographic facilities, the types of activities on
kryptografickém of work and the minimum requirements for their security,
m) the conditions of protection of the cryptographic material and resource to ensure
its functions under section 41, paragraph. 3.
Compromising emanations
section 45
(1) the protection of classified information, the classification of top secret, Secret
or confidential before their leakage radiation is kompromitujícím
security of the electrical and electronic equipment, secure area
or object.
(2) if the protection of classified information against the release of kompromitujícím
radiation shielding is secured through the Chamber, the Chamber must be
certified by the authority [of section 46 (1) (b), (e))].
(3) verification of the eligibility of the electrical and electronic equipment,
secure areas or object to the protection against the release of the classified
information kompromitujícím radiation provides the authority for the certification of
the information system or of a cryptographic device, when approving the
project security communication system, or on the basis of a reasoned
written request of the authority of the State or businessmen in connection with the protection of
of classified information.
(4) to carry out the measurement of the possible leak of classified information under the
paragraph 3, the Office may conclude with the authority of the State or the contractor contract
under section 52 of this activity.
(5) to carry out the measurement device, a secure area or object referred to in
paragraph 3, which are operated by or used by intelligence
services, are entitled to the intelligence services. In these cases, it is not
required by the conclusion of the contract according to § 52. For the purposes of certification
the information system or of the cryptographic, or resource
approval of the project safety communication system shall transmit to the
intelligence reports carried out by the Office, including its measurement
the result.
(6) in implementing the measure referred to in paragraph 5 are the intelligence services
obliged to comply with the provisions of this law, the implementing legislation
legislation and safety standards of the Office.
Title IX Of The
Certification
section 46
Common provisions
(1) Certification is the procedure by which the Office
and verifies the eligibility of technical resource) for the protection of classified
information,
(b) verifies the eligibility of the information system) for the handling of classified
information,
(c) verifies the eligibility of the cryptographic resource) to protect
classified information,
(d) eligibility) authenticates the cryptographic Department for the execution of
activities referred to in section 37, paragraph. 4, or
(e) verifying the eligibility of shielding Chamber) to the protection of classified information.
(2) if the Office finds the eligibility referred to in paragraph 1, a certificate of technical
resource information system certificate, certificate
cryptographic certificate cryptographic resource, workplace
the Chamber shall issue the certificate or shielding.
(3) the Certificates referred to in paragraph 2 are public documents.
(4) the certificate of technical resource contains
and the registration number of the certificate)
(b)), the name and designation of technical resource
(c) identification of the manufacturer technical resource) trade name (hereinafter
"the company") or the name, identification number of the person (hereinafter referred to as
"identification number") and, in the case of a legal person, or
name, surname, number and place of residence, if the
the physical person,
(d) the identity of the holder of the certificate) technical resource by
subparagraph (c)),
(e) evaluation of technical resource)
f) release date and the period of validity of the certificate and
(g)) the imprint of the official stamp and signature of the authorized representative of the authority or in the
the case of the release of this certificate is in electronic form, the acclaimed
electronic signature of authorised representative to the authority under the Special
^ law 22).
(5) a certificate of the information system, the certificate thumbprint
resource, the certificate thumbprint of the workplace and shielding certificate
the Chamber contains
and the registration number of the certificate)
(b) the identity of the holder of the certificate) in accordance with paragraph 4 (b). (c)),
(c)) date of issue and the period of validity of the certificate and
(d) the imprint of the stamp of the Office of the official) and signature of authorised representative Office
or in the case of the issue of such certificates in electronic form the acclaimed
electronic signature of authorised representative to the authority under the Special
^ law 22).
(6) the certificate of the information system in addition to the requirements referred to in paragraph 5
contains the ID of the information system and the classification of classified
information, for which it has verified the eligibility of the information system.
(7) the certificate of a cryptographic device in addition to the requirements referred to in
paragraph 5 contains
and identify cryptographic resource)
(b) the identity of the manufacturer of the cryptographic resource) in accordance with paragraph 4
(a). (c)) and
(c) the classification of classified information), for which it has competence
Cryptographic device is approved.
(8) the certificate thumbprint of the workplace in addition to the requirements referred to in
paragraph 5 contains
and identify cryptographic workplaces)
(b) the scope of the competence of the cryptographic Department) and
(c)) the category of the cryptographic Department.
(9) the certificate of the shielding requirements in addition to the Chamber pursuant to paragraph 5
contains
and the identification of the shielding of the Chamber), for which it is issued,
(b) the identity of the manufacturer) shielding Chamber pursuant to paragraph 4 (b). (c)) and
(c) the classification of classified information), for which it has competence
shielding Chamber approved.
(10) if the Authority is not established eligibility referred to in paragraph 1, shall decide on the
refusing the certificate. Against a decision refusing the issue of a certificate in accordance with
paragraph 1 (b). (b)), and (c)) is not appealable.
(11) the authority shall decide on the validity of a certificate of dissolution in the cases
referred to in § 47 odst. 4 (b). (b)), section 48, paragraph. 4 (b). (d)), § 49 paragraph. 5
(a). (b)), section 50, paragraph. 4 (b). (d)) and section 51, paragraph. 4 (b). (d) Revocation.)
decision of the Office filed against about the demise of the validity of the certificate has
suspensory effect. Against decisions of the Office on the demise of the validity of the certificate
information system and the certificate Cryptographic device is not
the appeal is admissible.
(12) if the certificate lapse under section 47, paragraph. 4 (b). (b)),
section 48 paragraph. 4 (b). (b)), and (d)), § 49 paragraph. 5 (a). (b)), section 50, paragraph. 4 (b).
(b)), and (d)) or § 51 paragraph. 4 (b). (b)), and (d)), the certificate holder shall be obliged to
within 5 days from the date of receipt of the notification of the Office deliver the certificate to the authority.
(13) annex to the certificate, the cryptographic information system
resource, cryptographic or shielding Chamber
the certification report, which contains the principles and the conditions for their
operation. In the annex to the certificate of technical resource can be
the conditions of its use.
(14) the authority verifies the eligibility of technical resource referred to in paragraph 1
(a). on the basis of the report) technical properties of the resource (hereinafter referred to as
"the opinion").
(15) to issue the opinion referred to in paragraph 14 and to perform tasks
during the verification of eligibility referred to in paragraph 1 (b). b) to (e)), the authority may
conclude with the authority of the State or the contractor the contract pursuant to section 52 of the
to ensure these activities; This does not apply, if the verification of the eligibility of the
information system, cryptographic resource or site or
shielding Chamber, to be operated by intelligence services.
(16) the list of authorities of the State and entrepreneurs, with whom the authority has entered into a contract
under section 52, exposes the Office in Journal of the Office.
(17) to perform tasks when verifying the eligibility under paragraph
1 (a). b) to (e)) which, by reason of classification cannot be performed by the Office, if the
information system, cryptographic means of the cryptographic Department
or shielding Chamber, to be operated by intelligence
services, are entitled to these intelligence services. In these cases, the
intelligence services shall forward to the Authority about the implementation of the protocols sub tasks
including their results.
(18) in the implementation of the tasks referred to in paragraph 17 of the subtests are reporting
services shall comply with the provisions of this law, the implementing legislation
legislation and safety standards of the Office.
(19) the participant in proceedings for certification or revocation of
the certificate the applicant pursuant to § 47 odst. 1, § 48, paragraph. 1, § 49 paragraph. 1,
§ 50 paragraph. 1 and section 51, paragraph. 1.
section 47
Application for certification of a technical resource and the validity of the certificate
technical resource
(1) on the certification of technical resource in writing at the Office of the manufacturer asks,
importer, distributor or user technological resource. The application shall be
be accompanied by the expert pursuant to § 46 paragraph. 14 and the documentation necessary for the
the implementation of the certification scheme of technical resource.
(2) the period of validity of the certificate of technical resource Office
for a maximum period of 5 years.
(3) the list of certified technical resources, in addition to the technical
funds certified at the request of the user of the technical resource
is published on the website of the Office.
(4) the validity of a certificate expires in the technical resource
and the end of the period of its validity), or
(b) decisions of the Office concerning the demise) of the validity of the certificate in the event that the
produced by the technical resource to meet the requirements of this Act and
implementing legislation or is not in conformity with the
technical means.
(5) where the validity of the certificate for the lapse of a technical resource by
paragraph 4, Office of this technical resource excludes from the list
published in accordance with paragraph 3.
(6) the technical means used to protect classified information can be
continue to apply after expiry of the period of validity of the certificate.
(7) the authority may take into account the technical certification resource
certificate or similar document issued by the technical resource
authorized by the Department by a foreign power.
section 48
Application for certification of the information system and the validity of the certificate
the information system
(1) on the certification of the information system in the Office, in writing, requests the authority of the State
or a businessman, who will operate the information system.
(2) the one who on the certification of the information system referred to in paragraph 1
He asked, in the course of the certification at the request of the Office documentation
necessary for the implementation of the certification scheme.
(3) the period of validity of the certificate information system provides for the authority.
The validity of the certificate of the information system for the classification of
and top secret and Secret) for a maximum of 2 years,
(b) not more than 3 years) of the Confidential and
(c) Reserved for a maximum of 5 years).
(4) the validity of the certificate shall lapse in the information system
and the expiry of its period of validity),
(b)) in the case of the information system for the handling of EU classified
information classification of confidential or of a higher termination of validity of the
certificate,
(c) the authority of the State)
(d) decisions of the Office concerning the demise) of the validity of the certificate, to be stopped
information system suitable for the handling of classified information, or
(e) the authority of the State or of the notice) an entrepreneur, who is the holder of
certificate of cancellation of the information system.
(5) if it is to be used and the information system immediately after the expiry of
the period of validity of the certificate, the applicant is referred to in paragraph 1 shall be obliged to
ask the Office for certification information system. Confirmatory application must
be delivered to the Office at least 6 months before the expiry of the
the original of the certificate of the information system.
(6) the authority shall decide on the certification of the information system to the 1
year of the initiation of the procedure for certification, in particularly complex cases, to
2 years; If due to the nature of the case, decide within this time limit, it may
reasonably extend the Director of the Office, but not more than 6 months.
section 49
Application for certification of the cryptographic and certificate resource
Cryptographic device
(1) on the certification of cryptographic resource requests in writing to the Office
the manufacturer, importer, distributor or user of the cryptographic
resource. If the requested certification of cryptographic device
entrepreneur, must hold a valid certificate for the
access to classified information under section 20 (2). 1 (a). and).
(2) the application referred to in paragraph 1 of decision refuses, if it is not in accordance
with the intentions of the Czech Republic in the area of ensuring the protection of classified
information cryptographic protection. Against the decision referred to in the first sentence
the decision is not acceptable and cannot be reviewed by the Court either.
(3) The who certification of cryptographic device referred to in paragraph 1
He asked, in the course of certification at the request of the Office of the cryptographic
in the required number of resource and documentation necessary for the execution
certification.
(4) the Period of validity of the certificate, the cryptographic resource Office
for a maximum of 5 years.
(5) the validity of the certificate, the Cryptographic device shall cease
and the end of the period of its validity), or
(b) decisions of the Office concerning the demise) of the validity of the certificate, to be stopped
the Cryptographic device eligible for protection of classified information.
(6) if it is to be a cryptographic means used directly after the
the expiry of the certificate, the applicant is referred to in paragraph 1
shall be obliged to ask the authority for certifying cryptographic resource.
Confirmatory application must be delivered to the Office at least 6 months before the
the expiry of the original certificate, the cryptographic
resource.
(7) the authority may take into account when certification of cryptographic device to
certificate or similar document cryptographic resource
issued by a legitimate workplace by a foreign power.
(8) the procedure for certifying cryptographic resource can also interrupt
simultaneously with the dispatch of the request addressed to a foreign body
the information necessary for the reliable detection of the State of things.
(9) the authority may provide for the certification of cryptographic resource
eligibility for protection of the tactical information.
(10) For the deadline for the release of the decision applies to section 48, paragraph. 6.
section 50
Application for certification of the cryptographic and certificate Department
cryptographic Department
(1) on the certification of the cryptographic Department in writing at the Office sought
authority of the State or of the entrepreneur, which has to be the cryptographic Department
operated. If the requested certification of cryptographic Department
the entrepreneur must be holder of a valid certificate.
(2) The who certification of cryptographic departments referred to in paragraph 1
He asked, in the course of the certification at the request of the Office documentation
necessary for the implementation of the certification scheme.
(3) the Period of validity of the certificate, the cryptographic Department Office
for a maximum of 3 years.
(4) the validity of the certificate, the cryptographic workplace ceases to exist
and the expiry of its period of validity),
(b) termination of validity of the certificate),
(c) the authority of the State), or
(d) decisions of the Office concerning the demise) of the validity of the certificate, to be stopped
cryptographic Department eligible for the performance of specified activities.
(5) if it is to be used and the cryptographic Department immediately after the
the expiry of the certificate, the applicant is referred to in paragraph 1
shall be obliged to ask the authority for certification of cryptographic facilities.
Confirmatory application must be delivered to the Office at least 6 months before the
the expiry of the original certificate, the cryptographic
the workplace.
(6) the authority shall decide on certification of cryptographic
workplace within 6 months from the initiation of the procedure for certification, in particular
complex cases, up to 1 year; If due to the nature of things
decide within this time limit, it may be extended, mutatis mutandis, the Director of the Office,
a maximum of 3 months.
section 51
Request for certification of a shielding Chamber and shielding certificate
Chamber of Commerce
(1) on the certification of shielding Chamber asks in writing at the Office of the State authority or
the businessman, in which the shielding Chamber used.
(2) The who certification of shielding Chamber referred to in paragraph 1, the requested
made in the course of certification at the request of the Office the necessary documentation
for the implementation of the certification scheme.
(3) the period of validity of the certificate by the Chamber Office at the screening time
a maximum of 5 years.
(4) the validity of the certificate shall lapse the screening Chamber
and the expiry of its period of validity),
(b) termination of validity of the certificate),
(c) the authority of the State), or
(d) decisions of the Office concerning the demise) of the validity of the certificate, to be stopped
shielding Chamber fit for the protection of classified information.
(5) Has to be shielding Chamber used immediately after the expiry of the period
of validity of the certificate, the applicant is referred to in paragraph 1 shall be obliged to
ask the authority for certification of shielding Chamber. Confirmatory application must be
The Office received at least 12 months before the expiry of the
the original certificate of shielding Chamber.
(6) for the time limits for the issuance of the decision applies to section 50, paragraph. 6.
section 52
The contract on reinsurance activities
(1) a contract of reinsurance activities (hereinafter referred to as the "Treaty") referred to in section 39
paragraph. 3, § 45, paragraph. 4 and § 46 paragraph. 15 shall be concluded for a specified period, or
an indefinite period. The contract must be in written form. The manifestation of the will of the participants
the Treaty must be on the same list.
(2) a contract may be concluded with the authority of the State or the contractor on the basis of
their written request, and only if they are activities which are
the subject of the contract,
and carried out professionally eligible employees) of the State or businesses,
(b) by the authority of the State) or entrepreneurs, technically and organizationally
of the material.
(3) a contract with an entrepreneur can be closed only if the
and its registered office) or place of business in the territory of the Czech Republic,
(b)) holds a valid certificate of the appropriate degree of confidentiality;
This condition shall not apply, if it is to be concluded is to issue an opinion
referred to in section 46 paragraph. 15.
(4) the contract must contain
and designation of participants of the Treaty)
(b) the definition of the subject matter of the contract and) its scope,
(c)) the rights and obligations of the Treaty,
(d)) the way the checks carried out by the Office pursuant to paragraph 6,
(e) the method and conditions of withdrawal) participants from the contract,
f) consented to the disclosure technical resource on the Internet
the website of the Office, in the case of a contract to issue the opinion referred to in section 46
paragraph. 15.
(5) the conditions referred to in paragraph 4 (b). e) must also be established that the
The authority withdraws from the contract in the event that the other party breaches the contract
This obligation by law, its implementing legislation or
concluded contract.
(6) the Office shall check whether the other party to the contract complies with the provisions of the
This law, implementing legislation and contracts.
(7) to change the content of the Treaty only by written agreement of the participants of the Treaty.
(8) you can terminate the contract only in written form.
(9) unless otherwise provided by this law shall apply, mutatis mutandis, in the other
the provisions of the civil code.
section 53
The enabling provisions
The implementing legislation provides for
and the elements of the application for certification) technical resource
information system certification, certification of cryptographic
resource certification and certification of cryptographic Department
shielding Chamber
(b) the particulars of the repeated application) certification information system,
certification of cryptographic resource certification of cryptographic
the workplace and the certification of shielding Chamber
(c) the documentation necessary to carry out) the certification of the technical
resource information system certification, certification
a cryptographic device, the certification of cryptographic Department and
certification of shielding Chamber
(d) the certificate of technical resource) patterns, certificate information
the system certificate cryptographic resource certificate
the cryptographic and certificate Department shielding Chamber
(e)), the rules for determining the period of validity of the certificate of technical
resource,
(f)) and how to use the rules of technical resource after the expiry of the period
the validity of the certificate,
(g) the manner and conditions of implementation) certification information system,
certification of cryptographic device, the certification of cryptographic
the workplace and the certification of shielding Chamber and their recurrence,
(h) the contents of the certification report) according to § 46 paragraph. 13,
I) eligibility requirements for verification of electrical and
electronic devices, a secure area or object to the protection
before the leak of classified information and the method of kompromitujícím radiation
evaluation of their competence and
j) request the authority of the State or the entrepreneurs on the conclusion of the contract
According to § 52.
Title X
Certificate natural person certificate, special access, and
zprošťování confidentiality
Certificates certificates of natural persons and entrepreneurs
§ 54
(1) a natural person Certificate and certificate are public
the documents.
(2) Certificate of physical persons includes
name, last name), maiden name,
(b)) the day, month, year and place of birth,
(c) the social security number),
d) citizenship,
e) placing the highest classification of classified information, to access the
which the certificate entitles natural persons,
(f)), and validity period of the issue date and
(g)) the imprint of the official stamp and signature of the authorized representative of the authority or in the
the case of the issue of this certificate in electronic form the acclaimed
electronic signature of authorised representative to the authority under the Special
^ law 22).
(3) the certificate contains
and the identification of the entrepreneur or the company) name, identification number, and
the seat, in the case of a legal person, and if it is a physical person, the information
in accordance with paragraph 2 (a). and (d)),)
(b) the highest level of classification) the classified information, for access to the
which the certificate authorizes,
(c)) form of access in accordance with section 20,
(d)), and validity period of the issue date and
e) fingerprint and signature of the official stamp of the authorized representative of the authority or in the
the case of the issue of this certificate in electronic form the acclaimed
electronic signature of authorised representative to the authority under the Special
^ law 22).
section 55
The validity of the certificates of natural persons and entrepreneurs for degree certificate
the confidentiality of
and top secret) 5 years
(b) 7 years) and
(c) Confidential) for 9 years.
section 56
(1) the validity of a certificate of physical persons or certificate lapse
and the expiry of its period of validity),
(b) the date of the decision of the Office) enforceability (article 123, paragraph 3, section 126 (4))
on the cancellation of its validity (section 101),
(c) upon the death of a natural person), or if it has been declared dead,
(d) the cancellation or termination of the entrepreneur),
(e)) by announcing its theft or loss,
(f)) in a damage that the entries therein are illegible or is
violated his integrity,
(g) change any of the information) contained therein,
(h) the creation of a national service), the intelligence service or the
of employment of the employees included in the intelligence service, if
natural person certificate, issued by the Office,
I) leaving the national intelligence service, or
of employment of the employees included in the intelligence services, or
the date on which the person ceases to be a natural person referred to in section 141 paragraph. 1,
in the case of a natural person, the certificate issued by the appropriate reporting
service or the Ministry of the Interior,
j) by returning its holder, who issued it,
to the date of receipt of a new certificate) of the natural person
l) date of receipt of a new certificate for the same form
access to classified information of the entrepreneur
m) date of receipt of the decision refusing the issue of a certificate of physical persons for
the same level of classification, or
n) date of receipt of the decision refusing the certificate
the same form of access to EU classified information to the businessman.
(2) When the demise of the validity of the certificate referred to in paragraph 1 (b).
and), b), (d)), j) or n) is an entrepreneur shall classified information,
He was granted to those who gave it to him or to the
whose authority belongs; If you cannot do so, he is obliged to submit it to the
The Office. Classified information for the entrepreneur, is obliged to
to pass the authority of the State in whose jurisdiction the classified information,
If it is not, the Office. Surrender and transfer of classified information according to the
This paragraph is required to perform immediately after entrepreneur demise
the validity of the certificate.
(3) the validity of the certificate When the demise of the natural persons referred to in paragraph 1 (b).
and (b))), j), or m) is the responsible person or the one who carried out the lessons
required to ensure that a natural person who had access to classified
the information. In the case of the demise of the validity of the certificate of physical persons by
paragraph 1 (b). (j)) and m) in writing, inform the Authority responsible for the
the demise of the validity of the certificates of natural persons; The authority shall, in the same
the case of the demise of the validity of the certificate of the natural person referred to in paragraph 1 (b).
to), as regards the certificates issued to natural persons of lower degree
confidentiality.
(4) if the holder of the certificate of physical persons or entrepreneurs within 15 days
from the date of the demise of its period of validity referred to in paragraph 1 (b). e), (f) or (g)))
requests in writing, the authority for the issue of a new certificate, access the physical persons
or classified information to entrepreneurs is not the demise of the validity of the original
without prejudice to the certificate; The Office shall issue within 5 days from the receipt of the certificate
new, which replaces the original.
section 56a
(1) in the case of the demise of the validity of the certificate natural person pursuant to § 56 paragraph.
1 (a). (h) appropriate intelligence agency) issues this natural person new
the certificate, which shall be replaced by the original of the certificate, and the date of the inception of its
service or employment relationship.
(2) in the case of the demise of the validity of the certificate natural person pursuant to § 56 paragraph.
1 (a). and this physical person) issues a new certificate, which shall be replaced by
the original of the certificate,
and) appropriate intelligence, and it for the day when this natural person
the service was a member of the intelligence services or the working
the ratio of employees included in the intelligence services,
(b) the Ministry of the Interior), and the date on which the natural person has become
the person referred to in section 141 paragraph. 1, or
(c)) in other cases, on the day following the expiry date of
the validity of the original certificate. The new Office will issue a certificate of physical persons
on the basis of a written application of the physical persons, and within 5 days from the date of
the delivery of the request. Application for issue of a new certificate of physical persons can be
submit, within 30 days from the date of dissolution of the validity of the original certificate; Annex
the application must be the appropriate confirmation of the intelligence service or the
The Ministry of the Interior, in accordance with paragraph 3.
(3) the appropriate intelligence or Interior Ministry confirms in
the case of the procedure under paragraph 2 (a). (c) the termination of validity of the certificate)
natural persons on the basis of the application of the physical persons, and within 5 days from the date of
the date of receipt of the request. The acknowledgement shall state the designation of the authority of the State which
the original of the certificate of a natural person, the particulars referred to in section 54, paragraph. 2
(a). and (f))) up to the day the demise of the validity of this certificate.
(4) the authority of the State issuing the new certificate natural person, in writing,
requests the security volume of the person from the authority of the State which issued the
the original of the certificate; safety volume shall be within 5 days from the date of
the delivery of the request.
§ 57
Certificate of physical persons for a foreign power, and the certificate for foreign entrepreneurs
the power of
(1) If a natural person or entrepreneur access to classified
information to a foreign power, must comply with the conditions referred to in section 11 or section 15 (b).
(b)), and if so requested by the foreign power, also holds the certificate for foreign
too much.
(2) if it is in accordance with the security and economic interests of the Czech
of the Republic and to the obligations arising for the Czech Republic from international
of the Treaty and not with the person if proceedings under § 101 paragraph. 1, Office of the
on the basis of a written justified request of the holder of a valid certificate
a natural person or a valid certificate issued by
and natural persons) of the certificate for a foreign power, or
(b) a certificate for foreign entrepreneurs) too.
(3) the certificate referred to in paragraph 2 is a public Charter.
(4) the certificate referred to in paragraph 2 shall contain the particulars referred to in section 54 with
by marking the highest degree of confidentiality of classified information, for
access to this certificate, which entitles States including shortcuts in
the meaning of § 21. 2.
(5) the certificate referred to in paragraph 2 confirms that its holder has been
performed safety management according to the part of the fourth and is the holder of
a valid certificate or certificates of natural persons entrepreneurs of the
the degree of confidentiality; in the case of the certificate confirms also forms
access to EU classified information to the businessman referred to in section 20.
(6) the certificate referred to in paragraph 2 shall be issued for the time strictly necessary,
However, the longest period for which the certificate is issued to a natural person or
the certificate of the entrepreneur.
(7) the validity of the certificate referred to in paragraph 2 shall lapse
and termination of validity) of the natural person or the certificate
entrepreneurs, unless pursuant to § 56 paragraph's demise. 1 (a). e) or (f)), or
(b)) for the reasons set out in § 56 paragraph. 1 (a). and), e), (f)), j), m) or
n).
(8) the holder of a certificate referred to in paragraph 2 is obliged to dispose of them within 15 days
The Office, the
and validity of the certificates of natural persons) or a certificate under section
paragraph 56. 1 (a). (b)), (d)) or g) to (n)), or
(b) the validity of the reasons) provided for in § 56 paragraph. 1 (a). (f)).
(9) on the basis of a reasoned written application to the legal person, who is not
entrepreneur, the Office shall issue, if that is a requirement of the foreign
partner or a foreign power, limited acknowledgment of the scope of protection
classified information, secured pursuant to § 5 in the case of a legal person. Before
issuance of a certificate to the extent necessary, the authority shall verify compliance with the conditions of this
the law.
Special access to the EU classified information
section 58
(1) persons having access to EU classified information at all levels
the confidentiality of individuals without a valid certificate, and the lessons are
and the President of the Republic),
(b) the deputies and Senators of the Parliament),
(c)) members of the Government,
(d)), the Ombudsman and Deputy Ombudsman,
e) judges and
(f)), the President, Vice-President and members of the Supreme Audit Office.
(2) the persons referred to in paragraph 1, have access to classified information from the
the date of the election or appointment for its performance and range
necessary for its performance.
(3) access to classified information without a valid certificate of physical
a person may be granted to a natural person acting in favor of intelligence
services ^ 24), informant ^ 25) or a natural person that is provided by the
Special or short-term protection according to a special legal
Code ^ 26), or national intelligence service, which is included in the
the backup special ^ 27). The lessons of this person the one who performs the access to
classified information will allow. This person cannot allow access to
the classified information to a foreign power.
(4) separate legal regulation 28) ^ ^, that natural persons and for
what terms they have access to the classified information without a valid
certificate of physical persons in criminal proceedings, civil proceedings,
in the administrative procedure and in administrative and judicial proceedings, to the extent
necessary for the exercise of their rights and obligations in these
proceedings. Access to classified information can be used in these cases
allow only on the basis of guidance referred to in paragraph 5.
(5) lessons learned according to § 2 (b). I) for persons referred to in paragraph 4 shall give the
the one about which it lays down specific legal regulation ^ 28). The lesson is carried out
adequately in a manner referred to in section 9 (2). 1; lessons must also include
the file mark things, which is the subject of the proceedings, and the lessons that
data on persons having access to classified information in accordance with
paragraph 4, the Office recorded and can be used in a manner
laid down by this law.
(6) the persons referred to in paragraphs 1 and 4, with the exception of the President do not have
of the Republic, the President of the Senate, the President of the Chamber of Deputies
Parliament, the Prime Minister and Minister of Foreign Affairs, access to
the classified information to a foreign power.
section 59
A one-time access to the classified information
(1) On the written request of the responsible person, the authority may, in exceptional
and justified cases, issue a consent-once approach to
classified information classified higher than the one on which it is
a valid certificate issued by a natural person or a certificate and it
for the time strictly necessary, however, for a period of 6 months.
(2) the consent referred to in paragraph 1 may be issued only to businessmen to access
classified information under section 20 (2). 1 (a). (b)).
(3) Consent-once approach referred to in paragraph 1 may, for
members of the intelligence services to issue the relevant Intelligence Director
services and in the cases of members of the police under section 141 paragraph. 1 the Minister of
the Interior, on the basis of a written request from the competent staff
officials.
(4) the request referred to in paragraph 1 shall include the
and the justification of the one-time access)
(b) the designation of the area), to which classified information is supposed to be a one-time
access,
(c)) copy of the certificate or certificates of natural persons entrepreneurs
(d) the period of one-time access) and
(e) in the case of the entrepreneur) written consent of the provider of classified
information with the release of the consent referred to in paragraph 1.
(5) the authority shall issue an approval referred to in paragraph 1 shall, without delay, at the latest within 5 days
from the date of receipt of the request. The responsible person or the person in charge of the
After the release of the consent of the Office to access the physical person to the classified
the information referred to in paragraph 1 or 3, shall give her lessons.
(6) on the grant of consent for one-off access to classified information
It is not a legal right, and it can be the same person granted only once.
(7) to the classified information to a foreign power can be a one-time access
only in accordance with the requirements of a foreign power.
section 60
(1) in the case of the Czech Republic's participation in the armed conflict abroad
or in emergency or humanitarian action abroad, in the case of a notice
State of war, and in the case of the State of danger, the emergency State or condition
the threat to the State of ^ 20) can be used to allow access to the classified information of the physical
a person who is not the holder of the certificate or of the natural person does not have access to the
classified information classification Reserved, or entrepreneurs who
It is not a holder of a certificate or does not have access to classified
information classification Reserved.
(2) the natural persons referred to in paragraph 1 may be granted only if,
There are no doubts about the credibility of a natural person and its
ability to conceal information.
(3) in the case of access referred to in paragraph 1, the person responsible shall be obliged to
ensure that the lessons of the natural person. There is a danger of delay or of
because of the urgency and importance of other specific task, can be a lesson
replace an oral natural persons reviewing with its obligations in the area of
the protection of classified information and the consequences of their violation.
(4) for access in accordance with paragraph 1, the person responsible or responsible for
the person required to process the written record. This written record, together with the
the lesson sends the responsible person or the person responsible for her Office without delay;
If it has been replaced by oral lessons reviewing in accordance with paragraph 3 sentence
Second, this fact shall be indicated in the written record. If the access is by
paragraph 1 given intelligence, the written record referred to in the sentence
the first and second part of the sentence for a semicolon or lessons with no Authority,
but they are stored in the respective intelligence services.
(5) where entrepreneurs have access to classified information in accordance with
paragraph 1, the person responsible shall be obliged to handle the access
the written record, which shall send it to the Office.
(6) in emergency situations, you can access to the classified information to a foreign power
allow only in accordance with the requirements of a foreign power.
section 61
A one-time access to the classified information in accordance with section 59 and access under section
60 cannot allow the classified information to the level of top secret or
the classified information, which is subject to a special regime.
section 62
Access to classified information on the basis of the recognition of security
permission issued by a foreign power
(1) access to classified information may allow a natural person who is
taught, or entrepreneurs, even in cases where the authority recognised by the safety
authorisation issued by the authority of a foreign power, that is in the scope of the protection
classified information ("security"). The Office of the
the security permissions, when provided for in an international treaty, which
the Czech Republic is bound. The authority may also accept the security permissions
in the case where approval is in line with the foreign policy and
security interests of the Czech Republic; This recognition is not a legal right.
When the procedure provided for in the third sentence, the Office may request a written opinion of the
Ministry of Foreign Affairs and relevant intelligence services;
If the Office does not receive the requested opinion within 30 days from the date of receipt of the request
for them, it is considered that the opinion is positive.
(2) the recognition referred to in paragraph 1, the authority shall be made on the basis of the request
nonentrepreneurial natural persons or entrepreneurs who are holders of
the security permissions. The request can be made through the Office of foreign
to be able to, which is in the scope of protection of classified information; the time limit referred to in
paragraph 4 is running in this case from the day when the request comes to the Office.
The request contains
and, where applicable, names) the name and surname of the holder of the security
permissions,
(b)) date and place of birth of the holder of the security permissions,
(c) the nationality of the holder) security permissions
(d)) at its identification by the entrepreneur or the name identification
the number and, in the case of a legal person, or the name, surname and
place of permanent residence, if the person's physical,
(e)) the reason why recognition should be made in accordance with paragraph 1,
(f)) for entrepreneurs, who holds the security permissions
the corresponding form of access in accordance with section 20 (2). 1 (a). and), putting
forms of access, whose recognition is sought,
(g)) the period for which recognition is to be carried out, and
(h) the signature of the holder of the security permissions) or of the person responsible
the Office of a foreign power, that is in the scope of protection of classified information, and
the address to which the recognition referred to in paragraph 1.
(3) the application referred to in paragraph 2, it is necessary to attach an official translation
security permissions or a certified copy thereof; These documents are
not required if the application is filed through the Office by a foreign power, which
in the scope of protection of classified information, if this on request
or in the confirmation request, determines that the applicant is
the holder of the appropriate security permissions.
(4) the recognition referred to in paragraph 1, second sentence, of the Office shall send to the holder
the security permission within 10 days from the date of the filing of his application. The recognition of the
referred to in paragraph 1, third sentence, the Office shall hold a security
permissions within 60 days from the filing date of his application; If recognition was not
in accordance with the foreign policy or security interests of the Czech
of the Republic, the Office application does not comply with and the applicant of this fact in the same
the time limit to notify.
(5) the recognition referred to in paragraph 1 shall contain the
and) data pursuant to paragraph 2 (a). and (d)),)
(b) the identification of the security permission) issued by a foreign power,
(c) the designation of the highest level of classification) classified information for access
to which the recognition referred to in paragraph 1,
(d)) for entrepreneurs take the form of access in accordance with section 20,
e) release date and period of validity,
(f)) and the official stamp the imprint of the signature of the authorized representative of the authority or in the
the case of the release of this recognition in electronic form the acclaimed
electronic signature of authorised representative to the authority under the Special
^ law 22).
Exemption from the requirement to maintain confidentiality
section 63
(1) in proceedings before the authority of the State may, at the request of this authority,
the responsible person of the State authority whose area of material scope
secret information, the physical person of the obligation
keep confidential (hereinafter referred to as "waiver of confidentiality"),
unless otherwise provided by this law (paragraph 8 and article 133, paragraph 2).
(2) in the event that the authority of the State ceases to exist without legal successor, can
waiver of secrecy make the Director of the Office.
(3) for the purposes of the proceedings referred to in paragraph 1, on the waiver of confidentiality
performs
and the President of the Republic) for the Prime Minister, President, Vice President and
the members of the Supreme Audit Office of the Chairman and Vice-Chairmen, the constitutional
the Court of the President and Vice-Presidents of the Supreme Court, the President and the
Vice-Chairman of the Supreme Administrative Court, the head of the Office of the
President of the Republic, the Ombudsman, a representative of the Public
the European Ombudsman, and the Governor of the Czech National Bank, viceguvernérů
(b) for members of the Chamber of Deputies),
(c)) the Senate for Senators
(d)) the President of the Chamber of deputies at the Head Office of the
the Chamber of Deputies,
(e) the Chairman of the Board for the head) of the Office of the Senate,
(f)), the Prime Minister for the Ministers and heads of other central administrative
offices,
(g)) the President of the Constitutional Court in the case of the judges of the Constitutional Court
(h)) the Minister of Justice for judges, not referred to in point (g)), the State
representatives and assessors, the Director of the Government security information
services, Minister of the Interior at the Director of the Office for foreign relations and
information and the Minister of defence at the Director of military intelligence.
(4) if the obligation to maintain confidentiality by discussing
authority of the Parliament, may waiver of confidentiality of a natural person to perform
The Chamber of deputies or the Senate after consultation of the authority of the responsible person
the State, in the area of substantive scope of secret information.
(5) prior to the removal of secrecy in accordance with paragraph 3, it is necessary to request the
representation of the responsible person of the State authority whose area of substantive
the scope of the classified information.
(6) a waiver of confidentiality is not required for the President of the Republic.
(7) a waiver of confidentiality applies only to the classified
the information in the extent strictly necessary and for the period strictly necessary.
Waiver of confidentiality shall be made in writing. Classification classified
information is not the removal of secrecy.
(8) a waiver of confidentiality can be denied in cases where this might
occur exceptionally serious or serious harm to the interests of the Czech Republic or to the
threat to the life or health of persons.
The enabling provisions
section 64
The implementing legislation establishes the model
and natural persons) of the certificate and of the certificate,
(b) applications for the issue of certificates) of the natural person for a foreign power and certificate
entrepreneur for a foreign power and
(c)) the application for recognition of security privileges of a natural person and a request for
the recognition of the security permissions of the entrepreneur.
Title XI
The obligations for the protection of classified information
section 65
General obligations
(1) everyone is obliged to immediately submit classified information found
or classified information obtained in contravention of this Act or
certificate natural person certificate, a certificate of physical persons
for a foreign power, or the certificate of a foreign power (hereinafter referred to as
"found the document") of the Office of the police or the Office of the representative of the Czech
of the Republic.
(2) every one who had or has access to classified information is obliged to
to maintain secrecy about her and not allow unauthorized access to it
to the person.
(3) Everyone shall, in the exercise of State Control Authority carry out the instructions
the control of the worker in the implementation of urgent measures under section 144
paragraph. 1.
section 66
The obligations of the natural person who has access to classified information, and
a natural person who holds a certificate of physical persons
(1) a natural person who has access to classified information, is required to
and to comply with the obligation to protect) classified information,
(b)) to cast it, who issued the certificate natural person, within 15 days of your
certificate of physical persons, whose force of lapse under section 56 paragraph. 1
(a). (b)), and (f)) to (i)) k) or m),
(c)) shall immediately notify the who certification of physical persons or
certificate of physical persons for a foreign power, loss or theft of your
the certificate of the natural person or the natural person certificate for a foreign power,
(d) notify the authority in writing forthwith) changes to data that have been listed in the
the request of the natural person; limit the range of reporting changes, as well as
the method and form of their proof, lays down the law
(e) immediately notify), who made her lessons under section 9 (2).
1 or § 11 (1). 2 violations of the obligations laid down in this Act,
(f)) to participate in the training under section 67, paragraph. 1 (a). (b)).
(2) A natural person who holds a certificate of a natural person, but
does not have access to EU classified information, shall be subject only to the obligations of the
referred to in paragraph 1 (b). b) to (d)).
§ 67
The duties of the responsible person
(1) the responsible person is required to ensure
and the lessons of a natural person)
(b)) once a year, perform training for individuals that have access
the classified information from the protection legislation
of classified information and the result of these reports, proškoleních
(c)) the conditions for access authentication of physical persons to the classified
information classification of Reserved,
(d)) approval information system into operation and written notification of this
the fact of the Office,
e) credentials of natural persons, the performance of cryptographic protection,
(f) the immediate written notification to the Office) that before the issuance of a certificate
natural persons, or a decision pursuant to § 121 paragraph. 2 present facts
which the request was justified by natural persons,
(g) immediate written notification to the Office) on termination of service or
the official, Member or the like relation, in which the physical
the person granted access to the EU classified information shall be strictly
the secret, secret or confidential; This obligation shall not apply to the responsible
a person of the intelligence services or the Ministry of the Interior in the cases
members of the police under section 141 paragraph. 1,
h) monitoring of compliance with other obligations laid down by this law.
(2) for the performance of the obligations set out in the responsible person § 21. 5, §
23 paragraph. 1 (a). (b)), section, paragraph 59. 1, § 60 paragraph. 5, § 63 paragraph. 1 and 4, § 70
paragraph. 5, and in section 77, paragraph. 2 you cannot delegate to another person.
section 68
The obligations of the entrepreneur, who is the holder of the certificate of the entrepreneur
The entrepreneur, who is the holder of the certificate of the entrepreneur is required to
and the cast of the Office) within 15 days of the certificate, the validity of
lapse pursuant to § 56 paragraph. 1 (a). (b)), f), (g)) l) or (n)),
(b) notify the Authority in writing forthwith) loss or theft of the certificate
entrepreneurs or certificate for a foreign power,
(c) notify the authority in writing forthwith) changes to the information referred to under section 97
(a). and (b))) or p) or section 98 (a). (c)) in the questionnaire and in the
his safety documentation; limit the range of reporting changes, as well as
the method and form of their proof, lays down the law
(d) report in writing to the Office each year) to date, which is the
same date as the issue of the certificate of the entrepreneur, the changes to the data referred to in
request entrepreneurs under section 96; restriction of the scope of the changes and report form
their proof lays down detailed legal prescription,
e) secure the protection of classified information during the demise of the validity of the
certificate,
(f)) submit to the Office the decision o approval of the project of conversion under the law on
transformations of commercial companies and cooperatives ^ 28a) the entrepreneur within 15 days
from the date of its adoption.
section 68a
The obligations of the entrepreneur, which has made a declaration of the entrepreneur
The businessman, who made a statement to the entrepreneur is obliged to
and safety documentation) entrepreneur in the scope of section 98 (a). (c)) and
(d)) and on-demand provider of dedicated information provide it to him,
(b)) for the protection of classified information during the demise of the access to
classified information,
(c) send the Declaration to the Office) entrepreneurs according to § 15a paragraph. 3,
(d) to notify under section 15a) of paragraph 1. 4 writing Office or provider
dedicated information their access to it, or according to § 15a paragraph. 6
the demise of the validity of the Declaration of the entrepreneur
e) proceed by analogy with § 56 paragraph. 2 when the demise of the validity of the
Declaration of the entrepreneurs of the grounds listed in § 15a paragraph. 5,
(f)) and to the providers of dedicated information, or in the
the case § 15a paragraph. 3 the Office, a new declaration of the entrepreneur, if even after
the demise of the validity of the original declaration according to § 15a paragraph entrepreneurs. 5
(a). and) or (f)) continue to be urgently needs access to classified
information classification Reserved.
§ 69
The obligations of the legal person and the entrepreneurial natural persons
access to classified information, and the authority of the State
(1) a legal person and a natural person-entrepreneur, that have access to the
classified information, and the authority of the State shall be required to
and to ensure the protection of classified information) under this Act, and
international treaties,
(b)) to handle and lead the list of places or features, to which it is necessary to
to have access to classified information, including classified information
The European Union, the North Atlantic Treaty Organization and classified
information requiring special management regime, with an indication of the degree of
confidentiality, or which cannot be carried out without the certificate of special training
eligibility under this Act (section 39); without prejudice to the provisions of the
specific legislation in the field of professional competence ^ 29,
(c)) shall immediately notify the Office of fact which may have an impact on the
the issue of the validity of the certificate or of the natural person or the certificate
entrepreneurs,
(d)) to ensure the creation of conditions for the marking, registration, leasing,
storage, transport, handling and discarding more classified information and
classified information with a particular mode of loading in accordance with the
the implementing legislation,
e) operate only information system, which is certified by the Office and
approved in writing by traffic,
(f)) to stop traffic information system, which does not meet the conditions
laid down in the certification report, and ensure the protection of EU classified information
in it, and to inform the Office about these facts,
g) operate only communication system, whose project was a security
approved by the authority,
(h)) to stop the operation of the communication system, which does not meet the conditions
provided for in the project security communication system, and about this
notify the Office
I) use for cryptographic protection just means that is
certified by the Office, and use it only for the purpose of cryptographic departments,
to which has been certified and approved for operation,
j) keep a register of natural persons, who have access to classified
information, register the cryptographic material, record staff
cryptographic protection, the registration of the operational service of the cryptographic
resource, register the cryptographic material and registration of couriers
cases of unauthorized handling of classified information,
to report violations of obligations) the protection of the classified information or
obligations imposed by international treaty in the field of the protection of classified
information and the adoption of measures to eliminate the causes and adverse
the consequences of the violation of the authority; This obligation shall not apply to news
the service in the cases referred to in § 140, paragraph. 1 (a). and) and the Ministry of
the Interior, in the cases referred to in section 141 paragraph. 1, with the exception of cases of violation of
the protection of classified information to the North Atlantic Treaty Organization or
The European Union,
(l) to establish the registry provided) classified information (section 79) and report
changes in the it Office in the range specified by the implementing legislation,
m) to examine classified information held in the registry
classified information to 31. December of the calendar year, and a report on the
the result sent the Office within 15. February of the following calendar year
together with an indication of the number of classified information and their degrees of confidentiality;
the intelligence service sent a report on classified information
provided by the central registry and registry maintained by the Ministry of
of Foreign Affairs, pursuant to section 78, paragraph. 1,
n) to pass classified information provided by a foreign power or foreign
partner of the legal person or the entrepreneurial natural persons to register
The Office or the Ministry of Foreign Affairs, pursuant to section 79, paragraph. 5,
about) sent in the cases provided for in this act classified information
foreign power through a central registry (article 79, paragraph 2),
p) provide a written mandate individuals to have access to classified
information management with special regime marked "ATOMAL",
q) as the provider of dedicated information without delay, send a copy of the Office
Declaration according to § 15a paragraph entrepreneurs. 2,
r) as the contracting authority shall immediately notify the authority in writing of the
1. the fact that public order will be entered outside of the law on
public procurement ^ 49) or to conclude a treaty that would otherwise
the concession agreement, outside the concession law ^ 50) due to
the protection of classified information, or
2. determination of qualification certificate for participation provided
in the procurement or concession management ^ 51),
and submit documents to justify the procedure referred to in point 1 or 2; These
the obligations shall not apply to the intelligence services.
q) monitor compliance with the obligations laid down in this law.
(2) the obligation referred to in paragraph 1 (b). (c)) shall not apply to
intelligence services in the cases referred to in § 140, paragraph. 1 (a). ) and the
The Ministry of the Interior, in the cases referred to in section 141 paragraph. 1.
section 70
The obligations for the protection of industrial property
(1) every person who serves the industrial property Office application
invention, utility model or the topography of a semiconductor product (hereinafter
"the applicant") shall indicate on the application the design degree
confidentiality, if it considers that the subject matter of the application contains a classified
the information. If the applicant is a legal person, it shall indicate in the application form
name, surname and position of the person responsible or function.
(2) the industrial property Office of the application referred to in paragraph 1 shall submit to the
The Office, which after the representation of the central public administration authority, to whose area
material scope the subject matter of the application, draft classification
confirm changes or, if the subject of the application does not contain classified
information, reject the proposal; If the subject does not belong to the area of application
the substantive scope of any central administrative authority, the expression is
does not require.
(3) the authority shall confirm or amend the draft classification made pursuant to
paragraph 2 shall notify the Office of industrial property within the time limit of 60 days from the date of
the date of receipt of the application to the Office, or in the same period, it shall communicate the draft
classification, application and returns to him; in the notification of the Office at the same time
indicate whether the applicant meets the conditions for access to classified
the information.
(4) the industrial property office in accordance with the classification of the notified
paragraph 3 shall indicate on the application, and it shall notify the applicant without delay,
the classification laid down by the way (section 21) and (22) shall be marked on the
the subject of the application; If the applicant of nonentrepreneurial natural person
Industrial property Office has the status of the agent. Communication referred to in
paragraph 3 of the industrial property office to the applicant without delay
notify also.
(5) if the subject matter of the application referred to in paragraph 1 of the classified information
and if the applicant does not meet the conditions for access to classified information
in this classification, the industrial property Office performs, if
applicant means a natural person, her lessons, and if the applicant
a legal person, the lessons of the responsible person of the applicant; responsible
the person of the applicant instruct all natural persons in the framework of the
the legal person applicant access to the subject matter of the application should or
it absolutely need; the lesson these people consider the person
that meets the conditions for access to the classified information contained in the subject
This application. The provisions of section 9 (2). 1 the last sentence and section 11 (1). 2
the third sentence shall apply mutatis mutandis.
section 71
Safety Director
(1) the authority of the State, in which secret information arises or which is
granted, and on the legal person and the natural person-entrepreneur
have access to classified information, are required to establish and occupy
the function of the safety Director. The function of the safety Director may
exercise and the responsible person; otherwise, the Security Director of the directly
under the authority of the person responsible.
(2) the authority of the State, the legal person and the natural person conducting business under the
paragraph 1 shall, within 15 days from the date of the cast function
Safety Director, in writing, notify the Office of name, surname and maiden
number of the person executing this function.
(3) the Director shall approve the safety overview of places or features in accordance with § 69
paragraph. 1 (a). (b)), which is required for access to classified information, and
performs other duties laid down by him in writing to the responsible person in a range
This law, including the obligations laid down, unless the cases
referred to in section 67, paragraph. 2; the liability of the person responsible for the protection of
classified information is not affected by the appointment of a safety Director.
The obligation to approve the list of posts or functions under section 69, paragraph. 1 (a). (b))
Safety Director, shall not apply to the intelligence services.
(4) the Director may exercise the function of the security only to a natural person,
that meets the conditions for access to classified information degree
confidentiality, which will have access to in the performance of this function. U
entrepreneurs have to physical person in function of the safety Director to be
the holder of the certificate of physical persons for access to classified information
at least such a classification, for which the entrepreneur has released
the certificate.
(5) the function of the safety Director for more bodies cannot perform State
or entrepreneurs in parallel.
section 72
Staffing the project
(1) the ministries and other central administrative authorities are processed each year
staffing the project.
(2) Staffing the project contains
and evaluation of the status of the personnel), safety for the past year and
(b)), the estimated number of natural persons, which will be necessary in the
the following year to perform the procedure under section 92 (a). and), with a resolution of
According to the degree of confidentiality.
(3) the project of the Ministry of Personnel and the other shall be sent to the central administrative
the authorities of the Office by 31. July of the calendar year.
(4) the Office of human resources shall submit projects together with his observations of the Government of the
always 30. November of the calendar year for approval.
Title XII
The provision of information in the international trade
section 73
The conditions for the provision of classified information
Classified information can be used in international intercourse to provide, if it is not in the section
unless otherwise specified, 74
and) if the classified information to the level of top secret, Secret
or confidential, based on the written request of the authority of the State, legal persons
or entrepreneurial natural persons and the written permission of the authority,
(b)) in the case of classified information to the level of dedicated, on the basis of
written request of the authority of the State, legal persons or entrepreneurial natural
the person and the written consent of the central public administration authority, to whose area
the substantive scope of the classified information; does not belong to secret
information in the field of substantive scope of any central public administration
the Office, on the basis of the written consent of the authority.
§ 74
The conditions for the provision of classified information between the authority of the State and foreign
the power of the
(1) the conditions referred to in section 73 (a). and when providing classified)
information between the authority of the State and a foreign power is not required
and if the closed) is an international treaty for the protection of classified
the information, which the Czech Republic is bound,
(b)) if the provision of classified information from the commitment of the membership
The Czech Republic in the European Union,
(c)) is a classified information provided under a specific legal
code ^ 30), or
(d)) where secret information is provided between the Intelligence Agency and
a similar service of a foreign power in the framework of the cooperation undertaken by
special legal regulation ^ 19).
(2) Classified information classification can be Reserved between the authority
State and foreign powers to provide without the consent referred to in section 73 (a). (b)).
§ 75
the title launched
(1) an application under section 73 provides
and a foreign power or designation) of the foreign partner, which has to be
secret information provided,
(b)) the reasons for which a permit or approval; This does not apply,
If it is to be classified information provided by a foreign power authority of the State.
(2) the annex to the application of the legal person or the entrepreneurial natural persons on the
authorisation or approval under section 73 is
and the Treaty, according to which) to be classified information provided by a foreign power
or the foreign partner, containing information classified by instantiating the
information and conditions for its protection, or
(b)) with respect to a case referred to in § 75a, the draft Treaty, under which the
be classified information provided another foreign power (section 77, paragraph 6) or
the foreign partner, containing safety instruction; This is true
Similarly, for the authority of the State.
§ 75a
(1) the contract, performance of which requires access to classified information
foreign power, contains safety instruction governing the terms of protection
This information and classified information that in the performance of the contract
where appropriate, the result.
(2) safety instructions must be approved before the conclusion of the contract
and, if the Office of) himself, or if there is no agreement in accordance with
(a) (b)) or if the secret information does not belong to the material scope
another of the central administrative authority,
(b)) other central administrative authority, to whose jurisdiction the classified
the information, and if the scope belongs to the more central administrative
offices, one of them on the basis of the agreement between them. The central administrative
the Office of safety instruction approved, control of
compliance with, and under the law governing State control ^ 45).
(3) The contract referred to in paragraph 1 concluded between the foreign power or
foreign partner and intelligence with the provisions of paragraph 2
It does not apply.
(4) the contents and the structure of the safety instructions laid down detailed legal
prescription.
§ 76
Authorization and consent to the provision of classified information
(1) before issuing a permit under section 73 (a). and the Office's always requests)
written opinion of the Foreign Ministry and the competent
the intelligence service and the central administrative authority, in whose zone
material scope of the classified information, does not ask for permission if this
authority of the State; If the secret information does not belong to the area of factual
scope of any central administrative authority, the opinion shall
does not require. If the requested State permits, the legal person or
entrepreneurial natural person, the Office shall require from them security
permission of their foreign partner, issued by the Office of a foreign power, to
the scope of protection of classified information belongs in the country
foreign partner.
(2) the Ministry of Foreign Affairs, the relevant intelligence and
the central administrative office shall provide an opinion to the authority referred to in paragraph 1 in
the period of 30 days from the date of receipt of his application.
(3) the authority shall issue the authorisation section 73 (a). a) within 60 days from the date of delivery of the
the application of the authority of the State, legal persons or the entrepreneurial natural persons; in
If the secret information was compromised, the provision of
The application does not comply with the Office and the applicant of this fact within the time limit referred to in
be notified in writing.
(4) the central administrative office or the authority shall issue an approval pursuant to section 73 (a). (b))
the period of 30 days from the date of delivery of the request, the authority of the State, legal persons
or entrepreneurial natural persons; in the case where the secret information
the provision was compromised, the central administrative office or the Office of
the application does not comply with, and this fact in writing to the applicant within the time limit referred to in
notify.
(5) on the issue of the permit and the consent under section 73 is not legal
the claim.
(6) the Office shall maintain an overview of the permits issued under section 73 (a). and).
§ 77
Way of providing classified information
(1) the provision of classified information classification of top secret, Secret
or confidential in the international trade takes place through
the registry referred to in § 79 paragraph. 2, if not in paragraphs 2 to 5, in section
78 or in an international treaty provides otherwise.
(2) the provision of classified information between the Intelligence Agency and
a similar service of a foreign power in the framework of the cooperation undertaken by
special legal regulation ^ 19) paragraph 1 does not apply. About
the provision of classified information in such cases shall be decided by the responsible
a person of intelligence.
(3) the provision of classified information between the Ministry of defence,
The Ministry of Justice, the courts, public prosecutor's offices, police
or by the Customs authorities and similar bodies by a foreign power (1),
If the international treaty, which the Czech Republic is bound, or
special legislation ^ 31) otherwise, it does not apply.
(4) the authorities of the State and the police shall maintain a register of classified information
provided in accordance with paragraphs 2 and 3.
(5) the provisions of paragraph 1 and section 73 shall not apply with respect to the provision of
classified information in international trade, in the cases referred to in § 60 paragraph.
1.
(6) the Classified information to a foreign power can be used only in accordance with its
requirements to provide additional foreign power or foreign partner.
§ 78
Way of providing classified information within the European Union and
outside of it
(1) the provision of classified information or confidential classification Secret
between the Czech Republic and the Member States of the European Union, or between the Czech
Republic and the institutions of the European Union, which concerns mutual cooperation
the Member States of the European Union pursuant to the Treaty establishing the European Union
or the Treaty establishing the European Community, shall be conducted
through the registry kept by the Ministry of Foreign Affairs by
§ 79 paragraph. 3.
(2) the provisions of paragraph 1 shall not apply to the provision of classified
information that requires special management regime in accordance with § 21. 3.
section 79
Registry, registry helper and control points
(1) in the registry or auxiliary registry classified information is
records in the respective protocols and saves or sends the secret
information classification of top secret, Secret or confidential, provided in
international trade. In the control points of this secret registry
the information recorded in the ancillary procedural protocols and passes
the processor.
(2) the authority shall establish and leads the central register of classified information
referred to in paragraph 1 by it or him directly provided and classified
information to be provided under section 77 through the paragraph. 1
(hereinafter referred to as "central registry").
(3) the authority of the State, the legal person and the natural person-entrepreneur shall establish and
lead registry classified information referred to in paragraph 1 or by
they provided (hereinafter referred to as "the register"); in the registry of the Ministry of
Foreign Affairs shall also be classified information, which is supplied
via pursuant to section 78, paragraph. 1. Approves the establishment of the register
The Office on the basis of a written request of the authority of the State, legal persons or
entrepreneurial natural persons; This does not apply for the intelligence services. The Office is
before the release of the consent to check the facts referred to in
the request for the establishment of the registry, or other facts and conditions,
related to the establishment of the registry.
(4) the authority of the State, a legal person or a natural person-entrepreneur may from
because of the increase in the operational use of its registry to set up, as his
inside the folder, the registry, or the control points.
(5) if the power fails or the foreign partner of a foreign legal person or
entrepreneurial natural persons classified information referred to in paragraph 1
in the manner referred to in section 77, paragraph. 1 or section 78, paragraph. 1, the authority of the State,
legal person or natural person shall send the business provided by the
classified information in the central registry to register, or in the case of
the classified information in accordance with section 78, paragraph. 1 in the registry of the Ministry of
Foreign Affairs shall, without delay after the provision.
(6) the authority of the State, a legal person or a natural person-entrepreneur
the Office shall notify the registry changes in the range specified by the implementing the legal
the code.
(7) the Office shall maintain an overview of the established registers and checks their
activity.
(8) the implementing legislation provides for
and the Organization and operation of the Central) registry
(b) the organisation and operation of the registry), the auxiliary control register
the point,
(c) if the requirements of the control report) classified information in
the registry under section 69, paragraph. 1 (a). m),
(d) a written request) content of the establishment of the register,
(e) the conditions for the establishment, content) and how the management of the registry, and
(f) the extent of the changes to the registry), reported to the Office.
PART THE THIRD
SECURITY ELIGIBILITY
§ 80
Sensitive activities
(1) the sensitive activities "means the activities provided for in this Act (section 88)
or a special legal regulation ^ 32), whose abuse could occur
the threat to the interests of the Czech Republic.
(2) a sensitive activity may exercise the natural person who is
Security-eligible or who is the holder of a valid certificate
physical persons.
(3) a security eligible is the person who is the holder of a valid
the proof of the safety of natural persons (hereinafter referred to as "the document").
§ 81
Conditions for issue of the document
(1) the Office shall issue a document to a natural person who
and) is fully svéprávná,
(b)) has reached at least 18 years of age,
(c)) is impeachable,
(d)) is personal and eligible and
(e)) is reliable.
(2) the condition is verified from the mom of the Declaration of the natural person about
mom. The condition of age verifying ID or
travel document of a natural person. The condition of integrity is verified
a statement from the criminal register ^ 11) and in the case of foreigners and similar
documents of the State of which the foreigner is a national as well as State
in which the foreigner stayed in the last 10 years, continuously for a longer
than 6 months. To verify the integrity of the documents must not be older than
3 months. Condition of eligibility is verified personal manner referred to
in section 13 (3). 2.
section 82
Integrity
The condition of integrity for the purposes meets the safety fitness
a natural person who has not been sentenced for committing intentional
offence, or it looks like he was doomed.
section 83
Personal eligibility
Condition of eligibility for the purposes of personal security
meets the natural person who does not suffer from a disorder or difficulty, which may
affect its reliability to perform sensitive operations.
§ 84
The reliability of the
(1) a natural person who meets the reliability Condition, which was not detected
negative circumstance.
(2) the negative circumstances is
and the activity of natural persons) against the interest of the Czech Republic, or
(b)), the fact that are clearly disproportionate to the property properly
the avowed income of a natural person.
(3) for the negative circumstance may also be considered
and putting false information), of withholding information relevant for the
the objective findings of the actual state of things in verifying the conditions for the
the release of the document or change the data in the application failure under section 99 or in the
another material, provided by Office in annex to this application,
(b)), the final conviction for the offence,
c) behavior, suggestibility or trailing the natural person
can lead to the abuse of performance-sensitive activities
d) contacts with the person who develops or developed activities against the interest of the Czech
of the Republic,
(e) failure to provide the necessary synergies) repeated in security management
under § 101 paragraph. 1, or
(f) a conditional cessation of criminal prosecution) for an intentional criminal offence, or
the conditional postponement of the submission of the proposal for punishment for an intentional criminal offence,
which provided for a trial period has not yet expired, or the approval of the
settlement for an intentional criminal offence.
(4) the negative circumstances referred to in paragraphs 2 and 3 shall be determined for
period of 10 years backward from the submission of the application, pursuant to section 99, or for the period from 15
years of age, depending on which of them is shorter.
(5) in assessing whether the circumstance referred to in paragraph 3 is negative
circumstances into account, to the extent to which may affect the performance of sensitive
activities, to the time of its occurrence, its extent and nature, and to
the behavior of individuals in the period referred to in paragraph 4.
§ 85
Document
(1) the document is a public Charter. The validity of the document is 5 years.
(2) the document must contain
name, last name), maiden name,
(b)) the day, month, year and place of birth,
(c) the social security number),
d) citizenship,
(e)), and validity period of the issue date and
(f)) and the official stamp the imprint of the signature of the authorized representative of the authority or in the
the case of the issuance of the document in electronic form, the acclaimed electronic
signature of the authorised representative to the authority under a specific legal
^ Code 22).
(3) the validity of a document expires
and the expiry of its period of validity),
(b) the date of the decision of the Office) enforceability (article 123, paragraph 3, section 126 (4))
on the cancellation of its validity (section 101),
(c) upon the death of the natural person) who is the holder of the document or its
a statement from the dead,
(d) reporting the theft or) losses
(e) such that the damage) the minutes referred to in it are illegible or is
violated his integrity,
(f) change any of the information) contained therein,
(g)) return document its holder, who issued it, or
(h) the date of receipt of the certificate) of the natural person or the new document.
(4) if the holder of the document within 15 days from the date of the demise of its validity by
paragraph 3 (b). d), (e)), or (f) the authority in writing of the request) issue of the document
the new, performance-sensitive activities is the demise of the validity of the original document
prejudice; The Office shall issue within 5 days from the receipt of the request, the new document, which
replaces the original.
(5) Implementing legislation lays down the model of the document.
§ 86
The obligations of a legal person, the entrepreneurial natural persons and the authority of the State
Legal person, natural person, business, and the authority of the State shall be required to
and ensure performance sensitive activities) a natural person who is the holder of
a valid document or a certificate of physical persons,
(b) keep a register of natural persons), carrying out sensitive activities and
are they in the staff or in employment, the Member or
a similar relationship,
(c) provide immediate written notification) to the Office about the fact that before the release
document or decision pursuant to § 121 paragraph. 2 present facts
which the document request was justified,
(d) notify the authority in writing of the other), the fact than referred to in (c)),
that can have an effect on the release of the document or on the decision to cancel
its validity or validity of the certificate of physical persons (section 101), and
(e) ensure immediate written notification) to the Office that was launched
performance sensitive activities, or that he was terminated because of the end of the
employment or an employment relationship, of a member or the like
the holder of the document or certificate.
§ 87
The obligations of natural persons
(1) a natural person who is the holder of the document is required to
and the cast of the Office) within 15 days, the validity of the document referred to in (a) lapse.
(b)), e), (f)) or (h)),
(b) notify the Authority in writing forthwith) loss or theft of a document,
(c)) shall immediately notify the Office of changes to the data referred to in
the application for the document; limit the range of reporting changes, as well as the method and form of
their proof, lays down the detailed legal prescription.
(2) Everyone shall be obliged to immediately submit the document to the Office, the police found
or representative office of the Czech Republic.
section 88
The performance of sensitive intelligence activities to the needs of
(1) for the activities for the needs of sensitive intelligence services consider
acts of the persons mentioned in § 140, paragraph. 1 (a). and) carried out for the
intelligence service on the basis of the agreement in connection with the exercise of State
or for another reason.
(2) the conditions of security of natural persons, which has
to perform a sensitive operation for the intelligence service, verifies the
Intelligence Agency.
(3) the intelligence agency verifies the conditions under section 81 of the own-initiative
to the extent necessary for the performance of sensitive activities. Security management is
does the document is issued.
(4) the intelligence allows individual performance sensitive activities,
If you meet the conditions under section 81, the time required for the implementation of this
activity.
PART THE FOURTH
SECURITY MANAGEMENT
Title I Of The
General provisions
§ 89
The General principles of safety management
(1) the authority in security management (hereinafter referred to as "proceedings") shall proceed to
He was completely and accurately the status of the matter, to the extent that is necessary for
decision.
(2) in a proceeding must be investigated personal honour and dignity of all persons
proceedings concerned.
(3) in proceedings and documents shall be drawn up in the Czech language, if
It's not about the performance of the rights of national minorities in accordance with the Special
^ law 33). The document, drawn up in a foreign language must
the appellant submitted in the original texts and at the same time in officially
certified translation into the Czech language ^ 34).
(4) the authority creates the conditions to make because of the disability of the participant
the management of the injury occurred or the shortening of his rights.
(5) the proceeding is closed to the public.
(6) a party to proceedings may be represented by a lawyer or other
Representative, whom they choose. Authorization for representation shall be demonstrated
a written power of attorney. A participant may only have one representative. U
personal acts is a representation of the question.
(7) the appellant and his representative have the right before taking a decision
inspect the safety volume, and do it's statements, with the exception of
the part of the security volume (section 124), which includes classified
the information.
(8) Acts directed against the Office may, if it is compatible with the
a requirement of this Act, whether or not delivered to the mailbox of the Office or in the
electronic form signed by a recognised electronic signature.
§ 90
Of exclusion
(1) an employee of the Office immediately involved in the proceedings (hereinafter referred to as
"official person"), about which you can reasonably assume that it has with regard to
its ratio to the point, to the party or its representative such interest
on the progress and outcome of the procedure, for which you can doubt his
impartiality is excluded from all the acts in the proceeding which
the implementation of the outcome of the procedure might affect.
(2) the Excluded is also the official person who participated in the proceedings in the same
things on a different level of control.
(3) the appellant may argue partiality of official persons within
15 days from the date when the official person involved in the proceedings.
In the complaint of bias must be in addition to the General requirements listed against
that person, the official opposition in what is considered to be the reason
doubts about its impartiality and such evidence may be his claim
proven. To later lodged objection shall be disregarded.
(4) the official person who learns about circumstances showing that
It is podjatá, it is obliged to immediately inform them of its parent. To
until the parent decides whether it is excluded, the official person
perform only such acts, that kid.
(5) against the decision on the exclusion of the official person is the decomposition of the permissible.
(6) paragraphs 1 and 3 to 5 shall be applied, mutatis mutandis, for the participation of experts and the
interpreters in the control.
§ 91
In the proceedings, the Office shall decide on applications under section 94, 96 and 99, and repealing
validity of the certificate of physical persons, certificate or document
under section 101.
section 92
Participant management
A participant in the proceedings is
and on the applications) in the proceeding pursuant to § 94 99 or a natural person who applies for
issue of the certificate of a natural person or a document, or the person to whom it is
under section 93, paragraph. 1 (a). (b) the issue of a certificate) applied for physical persons
(b)) in the proceedings on the application under section 96 a businessman who sought the release of
certificate,
(c)) in proceedings relating to revocation of the validity of the certificate, the certificates of natural persons
the entrepreneur or the holder of the document referred to in section 101 of these public documents.
Title II
Conduct of the procedure
§ 93
Initiation of proceedings
(1) a proceeding is commenced on the date when the
and delivered to the Office a written request) according to § 94, 96 or 99,
(b) request the Office received authority) of the European Union on the issue of the certificate
natural persons-national citizen of the Czech Republic, which is an employee
the institution of the European Union or the international organization which is the Czech
the Republic is a member,
(c)) hold a certificate of a natural person, a certificate or a document
delivered a written notice to the Office of the initiation of proceedings for cancellation of the validity of the
These public documents (section 101),
(d) the party served) the decision of the Director of the Office of the degradation (section
125) issued under section 131, paragraph. 3.
(2) to initiate the procedure provided for in paragraph 1 (b). (c)), with respect to the management of
the cancellation of the certificate of the natural person or the document shall inform the Authority whether or not
a responsible person of the holder of these public documents.
The request of the natural person
§ 94
(1) an application for the issue of certificates of natural persons (hereinafter referred to as "the application of physical
persons ") contains the extent laid down in the implementing regulation
the written justification for the necessity of access to classified information with
indicating the classification and designation of the place or feature in accordance with § 69 paragraph. 1
(a). (b)), that confirms the person responsible or whoever will be classified
provide information to a natural person.
(2) a natural person, the application referred to in paragraph 1 shall be accompanied by
and the completed questionnaire) of the natural person in paper and electronic form,
(b) the documents testifying to the accuracy of the data) referred to in the questionnaire in the
the extent and form laid down by the implementing regulation,
(c) the Declaration eligibility to personality),
(d)) Declaration of mom,
e) one photo, dimensions 35 x 45 mm, corresponding to the present form
the physical person, showing her in a leadership perspective with a height of facial
part of the head from the eyes to the Chin at least 13 mm, without glasses with dark lenses with
except the blind, in civil clothes and without headgear, if not
its use is justified by the reasons for religious or health; in such a
the case must not obscure the face part of the headdress in a way
in the course of identification of physical persons,
(f)) is a stranger, a document similar to the extract from the register Index
sentencing ^ 11) the State of which he is a national, as well as the State in which the
they have lived for a continuous period of more than 6 months; This document must
include the appropriate period according to § 14 paragraph. 4 and must not be older than 3
of the month
g) Declaration of waiver of confidentiality factually and locally
the competent tax administrator and any other persons involved in the administration of taxes under section
52 paragraph. 2 of the tax code, and the full range of data for the purpose of
the implementation of safety management.
(3) the annex referred to in paragraph 2 shall be considered as part of the application of physical
of the person.
(4) If a natural person to have access to classified information, to the
immediately after the expiry of the period of validity of the existing certificate
natural persons shall request in writing the authority to issue new
certificate of physical persons, and this before the expiry of the existing
certificates of natural persons within a period of at least
and 3 months) for the certificate of physical persons for the classification of confidential
(b)) 7 months in the case of a natural person certificate for the level of classification of the secret and
(c)) 10 months for the certificate of physical persons for the classification of top secret.
(5) the request referred to in paragraph 4 shall comply with the requirements referred to in paragraph 1
and must be accompanied by the annexes referred to in paragraph 2. In the questionnaire, physical
the person fills in the data in the range specified by the implementing the legal
the code. The documents referred to in paragraph 2 (a). (b)), the application shall be accompanied by
only in case, if during the validity of the certificate of physical persons
to change the data.
(6) if so requested by a natural person referred to in paragraph 4, concerning the issue of a new certificate
natural persons for the same classification, for which it was issued
the existing certificate of physical persons, finding the conditions for the issue of
new certificates for natural persons, at least retroactively the time elapsed
Since the release of its existing certificates of natural persons.
(7) the request for the issue of a certificate of a natural person or a body of the European Union
an international organization of which it is a member of the Czech Republic pursuant to § 93
paragraph. 1 (a). (b)), the natural person whose certificate of release is requested,
in accordance with paragraphs 2 to 6.
(8) the reason for the need for access to classified information of natural persons,
referred to in the application must take throughout the proceedings under section 93, paragraph. 1
(a). and (b))), or (d)).
section 95
The questionnaire of the natural person
(1) a natural person Questionnaire contains these items:
and) name, surname, including previous and academic titles
(b)) the day, month, year and place of birth and social security number,
(c)), including the previous citizenship,
(d) the address of the place of residence) and other places, where it resides
or in the last 10 years, continuously for longer than 90 days,
e) data on the identity document, when it comes to foreigners,
(f) the employer's name and designation) position held, where appropriate, indication of the
the operation performed,
(g)) the names of previous employers, stating the date of creation and the end of the
employment or service,
h) family status,
I) continuous stay abroad longer than 90 days,
j) ordered by the performances of the decision,
to) the criminal proceedings,
l) previous security management,
m) nationality, contacts and ties to former and present security
the services of a foreign power or its services in the news and on the
components referred to in section 14, paragraph. 3 (b). and, with the exception of the contacts)
arising out of employment or official duties after 1990,
n) personal contacts with foreign nationals or nationals
citizens of the Czech Republic living in non-Member States of the European Union
or the North Atlantic Treaty Organization, with the exception of contacts
arising out of employment or official duties after 1990,
If you can reasonably assume that it is a significant contacts,
about the use of narcotic drugs or psychotropic drug) substances referred to in the law governing the
area substance abuse ^ 35) and use of alcohol,
p), pathological gambling,
q) treatment depending on the substances referred to in point (o)) and on alcohol and
treatment of pathological gambling,
r) highest completed education
with the) property,
t) belong to the Association, the Foundation and the general interest of the company for
the last 5 years,
the address for delivery purposes),
the information referred to in (a)), and) to (d)), and (f)) for spouse or
partner (partner) ^ 52) and persons over the age of 18 years living with the physical
the person in the household ^ 36).
(2) part of the questionnaire is a biography and statement of the truth and
completeness of the information provided in the questionnaire of the natural person.
(3) the Stay referred to in paragraph 1 (b). (d)) and i) and section 94, paragraph. 2 (a). (f))
be deemed to be continuous even if its short-term interruptions.
The request of the entrepreneur
section 96
(1) the request of the entrepreneur provides the extent laid down by the implementing the legal
provision of a written justification for the necessity of the access of entrepreneurs to the classified
information indicating the level and the forms of occurrence of classified
the information.
(2) the entrepreneur to the request referred to in paragraph 1 shall be accompanied by
and) questionnaire entrepreneurs in paper and electronic form,
(b) the security and documentation)
(c) the documents required to verify) the conditions referred to in section 16 of the extent and
form laid down in the implementing regulation,
(d)) Declaration of waiver of confidentiality factually and locally
the competent tax administrator and any other persons involved in the administration of taxes under section
52 paragraph. 2 of the tax code, and the full range of data for the purpose of
the implementation of safety management.
(3) the annex referred to in paragraph 2 shall be considered as part of the application
entrepreneurs.
(4) in order to have access to EU classified information to the businessman and immediately
After the expiry of the existing certificate, the
shall request in writing the authority for the issue of a new certificate, and
it before the expiry of the existing certificate in
a period of at least
and 7 months for the certificate) entrepreneurs for the classification of confidential
(b)) of 9 months for certificate security classification secret and
(c)) 11 months for the certificate for the classification of top secret.
(5) the request referred to in paragraph 4 shall comply with the requirements referred to in paragraph 1
and must be accompanied by the annexes referred to in paragraph 2. In the questionnaire
Entrepreneur fills in the data in the range specified by the implementing the legal
the code. In the safety documentation shall only entrepreneurs
the changes that have not been reported to the authority under section 68 (a). (d)).
§ 97
The questionnaire of the entrepreneur
The questionnaire contains the following items: entrepreneurs
and valid data) shall be entered in the commercial, trade, or
like the register or the register, however, always placing social security number,
If it has been allocated, and the date, place, County, and State of birth, even when
to register or to register not recorded,
(b)) first and last name, social security number, if assigned, and the date, place,
District and State of birth, name and identification number of the companions, if
they are not an indication registered in the commercial register,
(c) the names of the banks, the numbers) of existing bank accounts and accounts kept by the
for savings and credit cooperatives,
(d)) own and leased real estate and commercial space entrepreneurs, in
where there is a secure area under section 25, including putting
their addresses,
e) data carried in a proper accounts ^ 37), leads to an entrepreneur
accounting, or information on the tax return, leads the entrepreneur the tax
registration in accordance with other legislation ^ 38), and information on the proper accounting
accounts certified by an auditor, if another law 53), and ^ ^
it for the last 5 years,
(f)) and provided loans and credits received in the last 5 years,
(g)) of the Treaty, the subject of performance contains classified information,
h) foreign business partners, with the exception of the business partners of the
the Member States of the European Union, with a total financial volume
carried out over 2 0000 0000 Czk shops in the last 5 years,
I) Czech business partners and business partners from Member States
The European Union, with the total annual transactions carried out shops
more than 20% of the annual turnover in the last 5 years,
j) data on the filing of insolvency,
the decision on) data on the insolvency of the draft,
l) indication of how the bankruptcy solution,
m) information about the cancellation of the entrepreneur
n) implementation of the commitments to the State pursuant to § 17 paragraph. 2 (a). and (b)),)
the data of the person responsible), the businesses which are name, surname, birth
number, if assigned, date of birth and the essential functions with
entrepreneurs and
p) criminal proceedings.
§ 98
The safety dossier entrepreneurs
Security documentation system for the protection of classified provides for entrepreneurs
information for entrepreneurs, entrepreneurs must be stored, kept
updated and contains
and) enumeration of classified information stored for the entrepreneur with an indication
their agent and the degree of confidentiality and, in the case that the secret information he
It was provided or for a established him on the basis of the contract, indicating
the specifications of this contract, and further specification of classified information, to
which entrepreneur should have access, with an indication of their originator, and the degree of
confidentiality and, in the case that the secret information should be provided
or it should arise on the basis of the contract, indicating
the projected specifications of this contract,
(b) an analysis of the possible threats) classified information, appropriate and effective
protective measures to reduce the risks
(c) implementation of each species) ways to ensure the protection of classified
information,
(d)) list of features and the persons for which the access to classified
information, together with their social security number and classification, to which
These persons for the issue of certificates of natural persons are asking for, and for already issued
natural person certificate number and date of issue and the classification level on the
which it was issued, the notification and the date of his release document number
and the release date.
Request a document
§ 99
(1) the application for the document contains the extent laid down in the implementing the legal
provision of a written justification for the performance of sensitive activities confirmed
the person responsible or authorized person.
(2) the application referred to in paragraph 1 shall be accompanied by a natural person
and the completed questionnaire in the paper) and in electronic form,
(b) Declaration eligibility to personality),
(c) the documents testifying to the accuracy of the data) referred to in the questionnaire in the
the extent and form laid down by the implementing regulation,
(d)) Declaration of waiver of confidentiality factually and locally
the competent tax administrator and any other persons involved in the administration of taxes under section
52 paragraph. 2 of the tax code, and the full range of data for the purpose of
the implementation of safety management,
e) Declaration of mom,
(f)) is a stranger, a document similar to the extract from the register Index
sentencing ^ 11) the State of which he is a national, as well as States in which the
in the last 10 years, continuously for longer than 6 months,
not older than 3 months, and
g) one photo, dimensions 35 x 45 mm, corresponding to the present form
the physical person, showing her in a leadership perspective with a height of facial
part of the head from the eyes to the Chin at least 13 mm, without glasses with dark lenses with
except the blind, in civil clothes and without headgear, if not
its use is justified by the reasons for religious or health; in such a
the case must not obscure the face part of the headdress in a way
in the course of identification of physical persons.
(3) the annex referred to in paragraph 2 shall be considered as part of the application for the document.
(4) If a natural person to perform a sensitive operation and immediately after
the end of the period of validity of the document is required to request the authority to issue
the new document at least 5 months before the expiry date of the document
the earlier.
(5) the request referred to in paragraph 4 shall comply with the requirements referred to in paragraph 1
and must be accompanied by the annexes referred to in paragraph 2. In the questionnaire, the
the data to fill in the range specified by the implementing legislation.
The documents referred to in paragraph 2 (a). (c)), the application shall be accompanied by only
the case, if during the validity of the document to change data
These documents contain.
(6) if so requested by a natural person referred to in paragraph 4, concerning the release of the new document,
determine the conditions for the release of the new document to the backward-at least for the time,
elapsed since the release of the earlier document.
(7) in order to demonstrate the integrity Office's requests under the Special
the law ^ 11) extract from the criminal register. The request for
the release of the statement from the criminal register and the excerpt from the register Index
penalties shall be communicated in electronic form, in a way that allows
remote access.
(8) the reason for the performance of the sensitive activities referred to in the application for the document must
take all the time of the proceedings under section 93, paragraph. 1 (a). and) or (d)).
§ 100
Questionnaire
The questionnaire referred to in § 99 paragraph. 2 (a). and) contains the information specified in § 95
paragraph. 1 (a). and u) and up) in § 95 paragraph. 2.
Revocation of certificate natural person certificate or
document
§ 101
(1) the proceedings on the revocation of the certificate of a natural person, the certificate
the entrepreneur or the Office will launch a document, if there is reasonable doubt as to the
the fact that the holder of such public documents and still meets the conditions for
its release (section 12, 16 and 81).
(2) if the holder of the certificate has stopped the natural person certificate
or the document must satisfy the conditions for the issue of such public documents,
The Office of the force.
(3) the procedure for revocation of certification of a natural person, the certificate
the entrepreneur or the document cannot be interrupted pursuant to § 112 and even stop
under section 113, with the exception of termination pursuant to § 113 paragraph. 1 (a). I)
or (j)).
Common provisions
§ 102
(1) if the application is not a natural person, the application for the document or application
prescribed formality will help entrepreneurs Office party
formal shortcomings of the application to remove. If the deficiencies cannot be deleted
on the spot, the Office shall promptly invite the party to the proceedings in writing to
the shortcomings of the application removed within 30 days from the date of receipt of the request;
part of the challenge is the lesson about the consequences of early data for nedoplnění
the further course of the proceedings [section 113, paragraph 1 (b) (c))].
(2) at the request of a party to proceedings, the Office received the application of the natural person
the application for the document or the request of the entrepreneur.
section 103
(1) the authority shall be entitled to require from the party advanced data
referred to in the application under section 94, 96 and 99 and the communication of additional information to the
the verification of compliance with the conditions for the issue of a certificate of a natural person, the certificate
entrepreneurs or document, if it is necessary for complete and accurate detection
the actual state of things. To this end, the Office of the party to the proceedings in writing
invite to this clarification of data within 14 days and in a request submitted
pursuant to section 96 within 30 days from the date of receipt of the request submitted to the Office.
(2) the appellant shall forthwith in writing during the course of the proceedings
notify the Office changes the data referred to in the application under section 94, 96 and 99;
limit the range of reporting changes, as well as the method and form of their proof,
lays down detailed legal prescription.
section 104
Witness
(1) Everyone shall be obliged to testify as a witness for the purpose of detection
the actual state of affairs and to identify possible security risks, and
appear on the summons to the Office. The summons must be obvious, when,
where and in what sort of things should a witness to appear and what are the legal consequences of
failure to appear (section 115 and 116). The witness must testify truthfully and must not
refrain from saying anything. As a witness shall be heard by the one who has violated
protection of undisclosed information or law saved or recognized
obligation of professional secrecy, unless this obligation would have been absolved. Notice of termination
may refuse only if she caused the danger of criminal prosecution
or persons close to the ^ 39). Termination may also deny a person nearby
to the party.
(2) the identity of the witness before the hearing finds and instruct it as
paragraph 1 and on the legal consequences of false or incomplete witness
testimony (section 116).
(3) the testimony of a witness shall be drawn up. For a copy of the Protocol on the
the testimony of the witness shall apply mutatis mutandis to section 105, paragraph. 5 and 6.
(4) from the witness may also require that the facts which the Office
indicating writing comments. The signature of a witness must be on each side of the
documents containing his comments. In the next paragraphs shall apply mutatis mutandis
1, 5 and 6.
(5) Office witness replaces a proven cash outlays under the Act
adjusting the travel compensation ^ 40) and loss of earnings. The claim is to be
apply within 5 days after the testimony, otherwise lapse. About must be
the witness is instructed in advance.
(6) as a witness shall be heard by the police or the national
the intelligence service involved in the proceedings.
(7) the Testimony of a witness could not replace the acts in the proceeding pursuant to § 107 to 109.
§ 105
Interview
(1) If, in the course of proceedings, the fact that it is necessary to
to clarify for the detection of the actual state of things, an Office with a participant
management of the interview; with the party to the proceedings, requesting the issue of a certificate
the natural person for classification of top secret, an Office job interview
always.
(2) a party to proceedings, the summons to the interview in writing. Of summons must
to be clear, when, where, what and for what reason the participant
attend management and what are the legal consequences [§ 113 paragraph.
1 (a). (d))].
(3) when an interview is a party to the proceedings required to appear in person; Attorney
or other representative of a party is not entitled to control during the interview
to intervene.
(4) prior to the start of the interview in writing to the party must be instructed in the
the meaning and the purpose of the interview, about how its implementation and any
the consequences of false or incomplete testimony [§ 113 paragraph 1 (b), (h))].
(5) the interview shall be drawn up on the implementation of the Protocol. The Protocol must contain
the place, time and content of the interview and the information to enable the identification of the participant
management, official persons and other persons participating in the interview.
(6) the Protocol shall be signed by the party to proceedings, the official person, where applicable,
writer and translator; signature of a party to proceedings must be on each
side of the Protocol. The refusal of the signature and the reasons for the refusal in
the log record. At the request of a party to proceedings, the official person shall issue
a copy of the Protocol. The interview may be recorded on audio or video
carrier only with the consent of a party to proceedings; the record shall be always,
If a party to the proceedings so requests. This entry is part of the
safety volume (section 124).
(7) the interview may not be disclosed classified information.
(8) an interview with a participant in the proceedings who lives abroad,
You can replace it by written submissions. The Office shall communicate to such person
the fact that they are to be the subject of the representation. Signature of participant
proceedings must be on each side of the written submissions.
Section 106
Expert
(1) if the official person while verifying the conditions for the personal competence in
the cases referred to in § 13 and 83 finds the fact giving rise to doubt about the
the personality of the eligibility of a party to proceedings, the Office shall appoint an expert ^ 41) to
preparation of the expert opinion of eligibility.
(2) if the peer assessment of the facts relevant to the decision of the
be the expert and not about the facts referred to in paragraph 1,
the authority shall appoint an expert ^ 41).
(3) the costs for the elaboration of the expert report referred to in paragraphs 1 and 2 shall be borne by
The Office.
Acts in the proceedings
§ 107
Acts in the proceedings on the issue of the certificate of physical persons
(1) in proceedings for the issue of certificates of natural persons for the classification
Confidential Office to verify the conditions for the issue of this certificate requests
the necessary information from the competent authority of the State, legal persons or
entrepreneurial natural persons if it handle.
(2) in proceedings for the issue of a certificate of physical persons for security classification Secret
The Office performs the acts referred to in paragraph 1 and also verifies the identity of the participant
the proceedings; to verify the identity of the party to the proceedings may apply to the appropriate
intelligence service or the police. If the information obtained
are not sufficient to determine the full State of things, you can verify or supplement
at the request of the Office of investigation relevant intelligence services or the police to
party to the proceedings and persons older than 18 years living with the participant
household management ^ 36).
(3) in proceedings for the issue of certificates of natural persons for the classification of Strictly
the secret Office performs the acts referred to in paragraph 2 and, in addition, request the
intelligence service about the investigation to the occurrence of the security risks in the
environment, in which the party to the proceedings.
(4) the intelligence services and the police are obliged to request the Office of the under
paragraphs 2 and 3, and to submit his report on the results of the required
the investigation.
(5) If the information obtained about the management acts in the issue of the certificate of physical
person for the classification level is not sufficient to establish the full Confidential status
things, the Office is authorized to verify the operations referred to in paragraphs 2 and 3, and in the management of
on the issue of the certificate of physical persons on the classification level of the secret in accordance with paragraph
3. In these cases, the Office shall request the written consent of the party to the proceedings, and
at the same time it will learn about legal consequences that occur if Office
the written consent shall not receive [§ 113 paragraph 1 (b) (e))].
(6) if it is carried out at the request of management according to § 94 paragraph. 4, is
The Office shall be entitled to perform the acts referred to in paragraphs 1 to 5. The provisions of paragraph
5 the second sentence shall apply mutatis mutandis.
section 108
Acts in the proceedings on the issue of the certificate of the entrepreneur
(1) in proceedings for the issue of certificates of the entrepreneur for the classification of Confidential
the authority to establish economic stability, security, reliability,
verification of ownership and to verify its capabilities
ensure the protection of classified information shall request the necessary information from the
the competent authority of the State, legal persons or entrepreneurial natural
persons with handle.
(2) in proceedings for the issue of certificates of the entrepreneur for the classification of Secret
The Office performs the acts referred to in from the stands 1 and other tasks to verify the business
relations of the entrepreneur.
(3) in proceedings for the issue of certificates of the entrepreneur for the classification of Strictly
the secret Office performs the acts referred to in paragraph 2 and other operations to verify
significant capital and financial relations of the entrepreneur.
(4) in order to verify the conditions for the issue of the certificate are
the official persons are authorized to enter into the premises, equipment, operations, or
other areas and on land and require the submission of the
the necessary documents, to the entrepreneur.
(5) if the Office is unable to verify the relations indicated in paragraphs 1 to 3, or other
the fact to detect possible security risks for businesses
or its ability to ensure the protection of classified information,
their verification request the intelligence service or the police.
(6) the intelligence services and the police are obliged to request the Office of the under
paragraph 5, to meet and to submit his report on the results of the required investigation.
(7) if the information obtained by the operations referred to in paragraph 1 or 2 in the
release certificate for the appropriate level of classification, are not sufficient
to determine the full State of affairs, it is entitled to determine the Office acts
laid down in paragraph 2 or 3, concerning the management of higher degree
confidentiality. In these cases, the Office will require the written consent of the participant
the management and at the same time it will learn about legal consequences that occur,
If the Office has not received written consent [section 113 (1) (b), (e))].
(8) if it is carried out on the basis of an application under section 96 paragraph. 4,
the provisions of paragraphs 1 to 7 shall apply mutatis mutandis.
section 109
Acts in the proceedings on the application for the document
(1) in proceedings for the application of the document by the Office shall request the necessary information from the
the competent authority of the State, legal persons or entrepreneurial natural
person, when with them.
(2) if the information received under paragraph 1 is not sufficient to determine the
the full State of things, you can verify or supplement to performing additional
necessary acts pursuant to § 107, proportionate to the purpose of the proceedings; in these
cases, the Office will require the written consent of a party to proceedings and notify the
it to the legal consequences, if the Office has not received written consent [section 113
paragraph. 1 (a). (e))].
(3) if it is carried out at the request of management according to § 99 paragraph. 4, is
The Office shall be entitled to perform the acts referred to in paragraphs 1 and 2. The provisions of paragraph 2
part of the sentence for the semicolon shall apply mutatis mutandis.
section 110
(1) after the period of validity of the certificate of physical persons, document or certificate
entrepreneurs, natural persons before issuing a certificate for a foreign power, or
certificate for foreign power pursuant to section 57, the Office examines the help
operations management, whether a natural person or entrepreneur continues to meet the
the conditions for the issue of a certificate of physical persons, document or certificate
entrepreneurs.
(2) On the request of the security authority of the Member State of the Organization
The North Atlantic Treaty, the European Union or of another State which has
Czech Republic concluded an international agreement, which is in the scope of
the protection of classified information, the Office carries out acts of the proceedings to the person who
the State investigated for access to classified information.
section 111
The Office is entitled to when performing the acts referred to in section 107 and 108, § 109 paragraph. 1 and
section 110 to provide the authority of the State, a legal entity or a physical business
the person to the extent strictly necessary, the necessary personal data relating to
the requested information.
section 112
Interruption of proceedings
(1) the decision interrupts the proceedings, if
and other proceedings), which addresses the important question for the issue
a decision under this Act,
(b)) was the party Office to within the time limit removed
the shortcomings of the application of a natural person, the application of the entrepreneur, a request for a document
or degradation, or to supplement other information required by the authority, or
When he was summoned to an interview,
(c)), the Party on whose behalf it is more responsible persons, not
However, in concert, was invited to the Office within the time limit of compliance achieved
where appropriate, to negotiate commissioned only one responsible person
d) cannot make witnesses whose testimony is important to determine
the actual state of things,
(e) the suspension of the appellant) will ask for the reason that his long term
prevent participation in the proceedings, and that for a period of not more than 60 days, or
(f)) was appointed the expert for the elaboration of the expert's report.
(2) the proceedings shall be interrupted on the date of transmission of the decision on suspension of proceedings
the holder of the postal licence or licence of the special mail, on the date of the personal
acceptance of such decision of the party to the proceedings, the Office, or
delivery to the mailbox of the tenderer ^ 54).
(3) Against the decision on the suspension of proceedings is the decomposition of the permissible.
(4) the Office shall resume proceedings, once the obstacles have ceased to exist, for which it was
proceedings discontinued, possibly as soon as the expiry of the period referred to in paragraph 1
(a). (e)). The Party shall inform about this.
(5) After a period of interruption of the proceedings time limits under section 117 and article 131, paragraph. 6 is not running.
§ 113
Termination of the proceeding
(1) the decision of the procedure will stop, if
and he took the party to the proceedings) the request of the natural person, the request of the entrepreneur
the application for the document or decomposition (section 125) back
(b) the appellant does not meet) the conditions laid down in § 6 (1). 2 or § 81
paragraph. 1 (a). and (b))), or (c)),
(c)) the appellant within the time limit did not remove the deficiencies in the application
individuals, entrepreneurs, in the request in the application for the document or in the
degradation (section 125)
(d)), the party without apology, containing serious reasons, fails to
again for an interview,
(e)) the appellant did not give consent under section 107, paragraph. 5, § 108 paragraph. 7
or § 109 paragraph. 2,
(f)) a party to proceedings within the prescribed period has not reached consensus on negotiations
responsible persons, or to the conduct of only one responsible authority
person,
(g)) is not possible to determine the actual state of completely and exactly because
the party has long resided on the territory of staying or foreign
the State,
h) party filed a false or incomplete testimony or
does not provide any other necessary assistance and, on the basis of the State of things
Unable to decide,
I) party died, he was presumed dead, has been cancelled, or
has lapsed, or
j) in proceedings under section 101 rested his reason or subject.
(2) the intelligence services and the Ministry of the Interior decision management
stop-if the reason of the proceedings under section 140, paragraph. 1 (a). and) and § 141
paragraph. 1 the title of jurisdiction of the authorities of the State and the application of physical
the person was not taken back.
(3) the authority may issue a certificate of safety management of natural persons or
document stop notification-based person responsible under section 67, paragraph. 1
(a). (f)) or section 86 (a). (c)).
(4) the provisions of paragraph 1 (b). (j)) is to stop the degradation of the management
(section 131 (1)), lodged against the decision on the revocation of the
certificate of physical persons, certificate or document, shall not apply.
(5) against the decision terminating the proceedings referred to in paragraph 1 (b). and (b)))
(e)), f), (g)), i) and (j)) and paragraph 2 is the decomposition of the permissible.
Ensure the purpose and progress of the proceedings
section 114
The summons
(1) the authority in writing of the summons to a person whose personal participation in discussions
the stuff is needed.
(2) the summons, the Office notifies a person referred to in paragraph 1 on the legal
the consequences of failure.
section 115
Hits
(1) a witness, without adequate excuse, or without valid reasons, on
the summons fails to appear again to the Office and without whose personal participation cannot be
management to perform, can be brought.
(2) a demonstration of a witness, the authority of the police, a demonstration of the soldiers in the
active duty members of the security forces or their Manager.
section 116
Riot fine
(1) the authority may impose a fine of riot
and up to 50 000 CZK), which makes it more difficult to control, in particular, that without
for serious reasons does not appear at the written invitation to the authority, shall submit an untruthful
or incomplete testimony or unreasonably refusing testimony
statement or the submission of documents,
(b)) to the 500 000 Czk authority of the State, legal or physical person-entrepreneur
for that, on request, free of charge, does not provide the information requested by the
the needs of security management, pursuant to section 117, paragraph. 7.
(2) a fine referred to in paragraph 1 can be stored repeatedly. The sum of the saved
the police fines may not exceed the amount of Czk 100 000, in the case of a fine
referred to in paragraph 1 (b). and), and the amount of Czk 1 0000 0000, in the case of a fine in accordance with
paragraph 1 (b). (b)).
(3) to determine the acreage of the fine and its maturity and for the collection and
the recovery of fines imposed shall apply section, paragraph 156. 3 and 7 to 9.
The deadline, counting time and delivery
section 117
(1) the proceedings on the issue of the certificate of physical person terminates from the date of its
start of time limit
and 2 months) for the classification of confidential
(b)) 6 months for classification of secret and
(c)) of 9 months for classification of top secret.
(2) the procedure for obtaining the certificate terminates from the date of its
start of time limit
and 6 months) for the classification of confidential
(b)) 8 months for classification of secret and
(c)) 10 months for classification of top secret.
(3) the procedure for issue of the document ends within 75 days from the date of its
initiation.
(4) the appropriate intelligence and Police Authority shall forward the results of the
the investigation carried out pursuant to section 107, paragraph. 2 sentences of the second paragraph and § 107. 3 from the
the date of receipt of his application within the time limit
and 4 months) for the classification of the secret,
(b)) 6 months for classification of top secret.
(5) the appropriate intelligence and Police Authority shall forward the results of the
the investigation carried out pursuant to § 108 paragraph. 5 the date of receipt of his application
within the time limit
and 3 months) for the classification of confidential
(b)) 4 months for a security classification secret
c) 6 months for classification of top secret.
(6) the appropriate intelligence and Police Authority shall forward the results of the
the investigation carried out pursuant to § 109 paragraph. 2 the date of receipt of his application
within a period of 2 months.
(7) the authority of the State, a legal person or a natural person-entrepreneur is the
shall, within 30 days from the date of delivery of the request to the authority under section 107, 108
or free of charge, to meet his 109 requests for information.
(8) If a natural person shall grant consent to the verification of the information referred to in section 107
paragraph. 5 or § 109 paragraph. 2, or if the entrepreneur shall grant consent under section
paragraph 108. 7, subject to the time limits laid down for the management degree
confidentiality, whose capacity was consent.
§ 118
(1) if the intelligence or police to communicate to the Office the results
the investigation within the time limits under section 117, paragraph. 4 to 6, shall notify this fact to the
The Office.
(2) if the authority of the State, legal or physical person operating
person to provide the information within the time limit referred to in § 117 paragraph. 7, shall notify the
This fact to the Office.
(3) if the Office is unable on the basis of a notification under paragraph 1 or 2
decide within the time limits under section 117, paragraph. 1 to 3, the Director of the Office, the time limit
appropriately, but not more than twice, and prolong the proceedings, with
indication of the reasons, in writing, inform.
(4) the period of extension of the period referred to in paragraph 3 may not be in a lump sum
longer than the period laid down for the implementation of the appropriate degree of control.
section 119
Counting time
(1) in the period is not counted the day occurred, specifying the
the beginning of the period. The time limits specified by months or years expire,
the day, which is the same date when the fact
to specify the beginning of the period, and if there is no such day in the month, the time
the last day of the month. If the end of the period falls on a working day, the
It is the last day of the deadline the next working day.
(2) the time limit is maintained, if the last day of the period for filing has been made
Office, or if it is on this day submitted mail addressed to
The Office, which includes lodging, the holder of the postal licence or special
the postal license ^ 17) or a person who has a similar position in another
State.
(3) the time limit is considered to be in doubt for the retained, unless it is proven
the opposite.
(4) If a participant fails to control the time limit for compelling reasons, the Office of default judgment
the time limit, if the party to the proceedings so requests within 5 days from the date when the
removal of the cause of default, and the omitted act within that same period. The Office of the
This request may grant suspensive effect.
(5) against the decision on the application for remission cannot be missed the deadline to submit
the decomposition.
§ 120
Delivery
(1) the decisions and other documents delivered by the Office itself, delivery to the data
the Clipboard of the tenderer ^ 54) or by the holder of the postal
license or a special postal licence, which of the postal contract ^ 17)
obligation to deliver a document in a manner consistent with the requirements
of this law. Delivery abroad is carried out through the
The Ministry of Foreign Affairs. For members or employees of the
the armed forces and security forces are serving abroad may
to carry out, through the competent security Director. All
documents are served by their own hands. If a party to the proceedings
Representative, served to document only the representatives; in the case of personal
operations documents are served also a participant of the proceedings. Delivery
the represented person does not have the effects for a time. In the case of a termination of the proceeding in accordance with
§ 113 paragraph. 1 (a). I) decision will not serve.
(2) if the addressee Refuses to take, holder of the postal licence or
Special postal licence, this fact shall be indicated on the return receipt, together with the
the date of the document and returns to the Office. The document shall be deemed to have been served on the date on
its acceptance was refused; If the authority delivers, denied
accept the document on her shall apply mutatis mutandis.
(3) if the addressee has not been at the point of delivery in person, although it is in place
delivery, courier consignment stores in the Office or in a locally
relevant to the establishment of the holder of the licence or a special postal mail
licence. The consignment is stored for 10 days. Invite addressee by inserting
Notice the Clipboard or other appropriate means, to
the document is picked up. Pick up the message to the addressee within 10 days from the
Save, the last day of the period for the day of service, even if the
the addressee of the deposit.
(4) if the addressee does not prove the opposite, it is considered, that in the place of delivery
1828.
(5) place of delivery in the case of a natural person is the address of stay on the territory of the Czech
Republic, determined by this person. If the natural person in the long term
abroad in the Government's interest may be the place of receipt and the address of the residence in the
abroad.
(6) if the document Is delivered to the addressee abroad, the time limits referred to in
This Act at the time the service is not running.
(7) a natural person can be served, anywhere will be found.
If a natural person shall refuse to accept the document, proceed in accordance with paragraph
2 by analogy.
(8) a legal person, the document is served to the address of its registered office, and
entrepreneurial natural person is the document served on the address of the place of
the business. A legal person shall be entitled to accept responsibility
person or authorized employee of the recipient of the document.
(9) Persons of unknown residence or registered office and persons who demonstrably
fail to deliver, can deliver a public decree. Delivery
a public Decree shall be carried out so that the writ, or notice
the possibility to accept the document, posted on the official notice board of the Office and on the
the document shall be marked the day fly. The 15th day after posting up to
the document is considered to have been delivered, if this time limit is met and
the obligation of publication referred to in paragraph 10.
(10) the authority establishes the official record, which must be continuously publicly
accessible. The contents of the official Board shall be published on the Internet and
the website of the Office.
The decision of the
§ 121
(1) if the Office of a request of the natural person, the application of the entrepreneur or the application
the document, issued a written decision. In these cases, the Office
a natural person shall issue a certificate, certificate or document and
It delivers the participant management; a copy of the security volume (for inclusion in the section
124).
(2) if the Office of a request of the natural person, the application of the entrepreneur or the application
the document does not comply, it shall issue a decision refusing the issue of a certificate of physical persons,
certificate or document and delivers it to the party; a copy of the
for inclusion in the security volume.
(3) the Office shall cancel the validity of the certificate, if a natural person, the certificate
entrepreneurs or document, shall issue a decision and deliver it to the participant
the proceedings; a copy of the bases into the security volume.
(4) in the case of proceedings conducted on the basis of the request of the competent authority
The European Union or the international organisation, of which the Czech Republic is
a member under section 93, paragraph. 1 (a). (b) the Office shall send the authority) notice of
the outcome of the proceedings.
§ 122
The elements of the decision
(1) the decision shall be issued in written form, and contains an ordering part
justification and lessons of the tenderer. The enforceability of the decision of the
delivered by the Counsellor who is a natural person, the Office shall notify the
without delay, the person responsible for this Subscriber. In case of cancellation
the validity of the document, which was issued to trading with military material
under special legislation, it shall notify ^ 32) Office of legal effect
the decision of the Ministry of industry and trade.
(2) in the section indicating the solution of propositional questions, which is the subject
decision making, and the provisions of this law, according to which the decision was made.
Part of the designation of propositional participant management, which allows you to
its identification. If it is a participant in the management of a natural person,
name, surname and birth number. If it is a participant in the management of the business
legal person, company, or the name, identification number
and the seat. Sentential part may include the determination of the time limit to comply with the
imposed obligations.
(3) in the grounds of the decision, the reasons for the release of the documents for its
the issue, which the Office considerations drove while their guest and when using
the legislation. They are some of the reasons of the decision
classified information, the justification only a reference to supporting documents
for the issuance of the decision, and their classification. The considerations, which the Office
drove while their guest, and the reasons for the decision shall only
in the extent to which are not classified information.
(4) in the lessons learned shall indicate whether it is possible to appeal against a decision to submit the decomposition, in
What is the time limit, from which date this period counts, who decides on the
decomposition, to whom it is served, and the fact that corruption does not have suspensory
effect.
(5) the decision must also include the designation of the Office, the date of preparation,
the imprint of the official stamp, name, last name, capacity and signature of the employee
The authority issuing the decision.
(6) the correction of obvious mistakes in the written copy of the decision
the authority shall carry out, at any time and without the design, and shall inform the interested party.
If the correction concerns a part of the decision, the issue of propositional Office repair
decision. The response may be filed against the decision.
section 123
The legal power and the enforceability of the decision of the
(1) the decision is in the legal power, if it has been delivered and cannot be against it
submit corruption.
(2) at the request of a party to proceedings, the Office shall, when the decision on the
the decision came into force.
(3) the decision is enforceable if it is legal or if
It was delivered and the corruption against him does not have suspensory effect.
section 124
Safety volume
(1) Security volume contains materials relating to the management and
reporting changes; broken down on classified and neutajovanou part.
(2) Security volume, leading, following, records and scrapped
The Office; scrapped after 15 years from the date of the last of the final
the decision in the proceedings.
(3) the information referred to in the safety volume can be used only for the
the needs of the performance of the tasks referred to in this law.
(4) the staff of the Office, who shall carry out the procedure, are obliged to maintain
confidentiality of the data provided in the safety volume, which
the implementation of this procedure, or in connection with it, and even
After the termination of the employment relationship.
(5) at the request of law enforcement authorities, the Director of the Office
to the extent necessary to relieve the secrecy the persons referred to in paragraph 4.
Title III
Corruption and judicial review
The basic provisions, the deadline for the submission of decomposition and its essentials
section 125
The Office against the decision rendered in the proceedings has the right to bring to the party
decomposition, if this law did not give up after delivery of the decision in writing
or if this law provides otherwise.
§ 126
(1) Breakdown is filed with the Office within 15 days from the date of notification of the decision.
(2) in the case of the missing, incomplete or incorrect lessons can be
decomposition may submit up to 3 months from the date of notification of the decision.
(3) the authority shall be remitted for serious reasons of default deadline to submit,
If so requested by a party to the proceedings within 15 days from the date of the removal of the
the cause of the default judgment, and the decomposition of the lodges.
(4) Filing of degradation against the decision on the revocation of a certificate
a natural person, the certificate or document does not have suspensory effect.
(5) If a party to proceedings brought by the degradation in writing took after the expiry of
the time limit referred to in paragraph 1, it cannot bring back again.
§ 127
(1) Breakdown brought on by a natural person must contain its name, surname,
social security number and the address of the place of residence or address for the purpose of
the service must be dated and signed.
(2) Breakdown brought on active legal person must have its
designation of the company, or the name and identification number and the address of the registered office,
where appropriate, the address for service. Decomposition must be dated and
signed by the person or persons who are entitled for entrepreneurs
Act.
(3) in the decay must be stated, against whom the decision is directed,
what the appellant is seeking in what is considered to be a contradiction with the laws
regulations or other irregularity the contested decision. Corruption cannot be
submit only against the grounds for the decision.
(4) If the decomposition does not have the prescribed formalities, shall invite the Authority in writing of
who handed the decomposition, to eliminate the deficiencies. In the invitation shall specify the period for the
Elimination of deficiencies, which cannot be longer than 15 days, and notify it to the
on the legal consequences of these shortcomings neodstranění [§ 113 paragraph 1 (b).
(c))].
Procedure before the Office, by decision of the Director of the Office
§ 128
(1) the authority shall reject the decision of the decomposition, without its decision shall be signed by
Director of the Office, if
and) it may be made under this Act, or
(b)) was filed after expiry of the period referred to in section 126, paragraph. 1, if the
a default judgment under section 126, paragraph. 3 remitted.
(2) against the decision referred to in paragraph 1 may be lodged.
§ 129
(1) the authority may decide, without degradation of its decision
signed by the Director of the Office, if the decay passes in its entirety;
If the Office, in the contested decision.
(2) against the decision referred to in paragraph 1 may be lodged.
(3) if the Office Decides about the decay in accordance with paragraph 1 or pursuant to section 128,
submit it with their opinion, and with all the file material to 15
days from receipt of the decomposition of the Director of the Office.
The decision of the Director of the Office in the decomposition
section 130
(1) a degradation, unless the procedure under section 128 paragraph. 1 or §
paragraph 129. 1, Director of the Office on the basis of the Commission proposal the appellate.
(2) members of the Appeal Committee, the Commission appoints and replaces the Director of the Office.
Justice has at least five members. More than half of the members of the Commission
must have completed a law degree. The Appeal Committee
the Commission must be in possession of a valid certificate of physical persons and the State
a citizen of the Czech Republic. The Justice Commission is established each time for 5
years of age; the Chairman of the Appeal Committee, the Commission is always one of the members of the Commission, after
for one calendar year. Justice may act, if
an absolute majority of its members are present; the resolution shall be adopted by
by an absolute majority of its members present.
(3) a majority of the members of the Appeal Committee, the Commission forms a employees State classification in
other organs of the State than in the Office; It does not apply to the composition of the appellate
the Commission in proceedings under section 140, paragraph. 1 (a). and).
(4) the membership of the appellate Commission ends
and the date of expiry of term of Office) this Commission,
(b) reference of functions)
c) relinquishing the functions,
(d) upon the death or declaration of a person) for the dead.
(5) an activity in its Member appellate Commission is not for reward.
The Office may Commission the members of the Appeal Committee to provide reimbursement of travel expenses
According to the law governing travel allowances ^ 40).
§ 131
(1) the Director of the Office of Management of decay stops, if given a reason referred to in section
113, and the contested decision cancels, happened to stop proceedings
irrelevant; otherwise the contested decision confirms.
(2) the Director of the Office of the contested decision cancels, if in full
the extent of degradation sustained against the decision on the revocation of the
certificate of physical persons, certificate or document.
(3) the contested decision, the Director of the Office shall cancel and thing return to new
discussion and decision, if
and the contested statement was issued) in contravention of law, or
otherwise, incorrect, or
(b)) it is noted that after the release of the decision arose from the fact that they have
influence on the decision.
(4) the Director of the Office shall refuse Decomposition and the decision, if it finds it
the reason for the procedure laid down in paragraphs 1 to 3.
(5) the Director of the Office in the grounds of the decision on the breakdown referred to in paragraph 3
by whether or not the legal opinion, which is when the new consideration of the case, the Office
bound, if the legal opinion of the influence of changes of legal status or
factual circumstances happen to be terminated. In the new proceedings, the Office may
use the handout of the original decision, including supporting documents for decision
decomposition does not exclude it if the reason for the new control. Against the decision of the
in the new proceedings may be brought, if not in this Act
unless otherwise provided for.
(6) the Director of the Office of the degradation will decide within 3 months from the date of delivery of the
the decomposition.
§ 132
The date of the decision pursuant to section 129 of the decomposition of the paragraph. 1 or § 131
paragraph. 2 or 3, the validity of the certificates of the natural person, the certificate
entrepreneur or a document, which, as a result of the contested decision
be allowed to lapse. At the same time with the decision of the participant
the management shall send back the certificate of a natural person, the certificate
or a document submitted under section 66 paragraph. 1 (a). (b)), section 68 (a). and) or
section 87, paragraph. 1 (a). and); period of validity of the certificate or document remains
preserved.
Title IV
Judicial review and final provisions
section 133
(1) against a decision of the Director of the Office of degradation may be brought in accordance with
special legal regulation ^ 42) within 30 days from the date of delivery of the
decision. If the decision of the Director of the Office under section 131, paragraph. 1, you can
brought just in case that is referred to in § 113 paragraph. 5 against reason
Stopping management allowed corruption.
(2) the taking of evidence in court proceedings, to be investigated
the obligation to maintain confidentiality on classified information
in the results of the investigation or in the data from the records of the intelligence services
or the police. These considerations can be made only when the evidence hearing
If the person who has the obligation of secrecy, the obligations of the competent
authority absolved; release of confidentiality cannot be only in the case where the
could be compromised or serious disruption of the activities of the intelligence
services or the police; i shall apply mutatis mutandis in cases where the evidence
be carried out otherwise than by cross-examination.
(3) the authority shall identify the circumstances referred to in paragraph 2, which says that in the
relation to them cannot waive confidentiality, and President of the Chamber shall decide,
that part of the file to which these circumstances, they should be separated, if
the activities of the intelligence services or the police may be at risk or seriously
impaired; to separate the parts of the file of the appellant, his representative and
persons involved in the proceedings cannot be seen. In the other are not
the provisions of the special legal regulation ^ 42) the taking of evidence, the labelling of
parts of the file and the inspection of it.
§ 134
If it is not in § 125 to 132 unless otherwise specified, shall apply for the management of
the decomposition of the relevant provisions of § 89 apply mutatis mutandis to 124.
The Head Of The
The enabling provisions
§ 135
The implementing legislation provides for
and lessons learned) model according to § 58 paragraph. 5,
(b)) patterns and the way the submission of applications under section 93, paragraph. 1 (a). and)
(c) the extent and form of documents) according to § 94 paragraph. 2 (a). (b)),
(d) the scope of the data of the questionnaire) natural persons in the case of an application under section 94
paragraph. 5 the questionnaire in the case of a request pursuant to § 99 paragraph. 5, the range of data
in the case of a request of the entrepreneur questionnaire pursuant to section 96 paragraph. 5,
(e) a statement to the pattern) personal eligibility,
(f) the pattern of natural persons) of the questionnaire referred to in section 95,
(g)) the scope and form of documents under section 96 paragraph. 2 (a). (c)) and their
requirements and the model questionnaire entrepreneurs under section 97 and
h) range and form of documents pursuant to § 99 paragraph. 2 (a). (c)) and the pattern
the questionnaire referred to in section 100,
and the scope of the written rationale) according to § 94 paragraph. 1, § 96 paragraph. 1 and section 99
paragraph. 1,
j) restrict the range of reporting changes to the data, as well as the method and form of their
proof, pursuant to section 66 paragraph. 1 (a). (d)), section 68 (a). (c)), and (d)), section 87, paragraph. 1
(a). (c)) and section 103, paragraph. 2,
to the waiver of confidentiality) model according to § 94 paragraph. 2 (a). (g)), section 96 paragraph.
2 (a). (d)) and article 99, paragraph. 2 (a). (d)).
PART THE FIFTH
THE PERFORMANCE OF STATE ADMINISTRATION
§ 136
(1) the State administration in the field of the protection of classified information and
Security shall exercise the Authority, which is the central administrative
the authority, unless this Act provides otherwise.
(2) the head of the Office is appointed by the Director, after consultation within the Committee,
The Chamber of Deputies the Government in matters of security, that it
also refers to.
(3) the Director of the Office is responsible to the Prime Minister or delegated member
the Government.
§ 137
The Office of the
The Office as a central administrative office
and decides on the application) of the natural person, the application and the request for
document and the validity of the certificate of cancellation of a natural person, the certificate
entrepreneurs and document, with the exception of the cases provided for in this Act [section
paragraph 140. 1 (a). and section 141 paragraph). 1], and issues certificates of physical
the person referred to in section 56a,
(b)) shall exercise State supervision in the field of the protection of classified information and
Security competence (§ 143) and methodological activity, with the exception of the
in the cases provided for by this law (section 143, paragraph 5),
(c)) provides examination in special professional competence and be issued a certificate of
special professional competence,
(d)) with responsibilities in the field of the protection of classified information in accordance with the
the obligations arising from membership of the Czech Republic in the European Union,
The North Atlantic Treaty Organization and of the international treaties governing the
Czech Republic tied,
e) leads the central registry and approved the establishment of registers in the bodies of State
and for entrepreneurs,
(f)) in specific cases allows the provision of classified information
in international trade,
(g)) to the courier transporting classified information classification Strictly
the secret, secret or confidential provided in international trade, with the
the exception of the classified information to be provided under section 78, paragraph. 1, issued on
the written request of the responsible person or the safety Director
the courier leaves, and in justified cases, ensures their transport,
h) provides national security communications centre,
The National Centre for distribution of cryptographic material,
The National Centre for measurement of compromising emanations and National
Center for security of information systems, which are his
part of,
I) performs certifications technical resource information system,
a cryptographic device, the cryptographic Department and shielding
Chamber of Commerce and approved by the project security communication system,
j) provides research, development and production of the national cryptographic
resources,
to) develops and approves national cipher algorithms and creates national
cryptographic protection policy,
l) detects the compromising emanations, where there are or will be
be classified information,
m) determined in conjunction with the intelligence services and the police, whether in
the rules do not use the area of illegal technical devices
intended to gather information to threat or evasion of classified
information,
n) issued safety standards,
about) imposes penalties for failure to comply with the obligations laid down in this Act,
p) decides on other matters, and carries out other tasks in the field of protection of
classified information and security competence laid down in this
the law and the
q) publishes the journal of the Office, which publishes on its Web
pages.
§ 138
(1) the authority in the performance of duties under this Act, be entitled to
and) process personal data to the extent necessary for the performance of the tasks referred to in
This law,
(b)) to keep a record protection of classified information, the register
safety directors, registration of natural persons and entrepreneurs who
have access to classified information, with the exception of nationals of and
employees listed in the intelligence services and police officers, selected
the registration of natural persons who are holders of a document, a record of
cryptographic protection of workers, couriers of the cryptographic material and
the registration of natural persons who are holders of a certificate of special
professional competence,
(c)) lead the certification dossier of information system, cryptographic
resource shielding Chamber and cryptographic departments, lead the list
controlled cryptographic items, and lead the documentation for
the implementation of the activities referred to in section 45,
(d) require the provision of information free of charge) with the authority of the State, legal
the person or business individuals and use this information and
Register,
(e)) for the purposes of the proceedings to require the police and intelligence services
information obtained under special legislation procedures ^ 43),
(f) require a copy of) criminal records ^ 11); extradition request
a copy of the criminal records and a copy of the criminal record is
to be transmitted in electronic form, in a way that allows remote
access,
g) inspect criminal files, take statements and copies of them,
(h)) to the extent necessary to provide the authority of the State, legal person, or
entrepreneurial natural person the necessary personal data relating to
the requested information,
I) conclude a contract with the authority of the State or the contractor for the implementation of
subtasks in the certification of the technical means of information
systems, cryptographic devices, cryptographic departments,
shielding, Chambers to carry out training of special professional competence
cryptographic protection of workers and the detection of the presence of options
compromising emanations, where classified information will be
occur, and make the production of cryptographic devices,
j) store in its information systems, the data obtained in the context of the
performance of the tasks referred to in this Act,
to) in the implementation of safety management, cooperate with the Office of foreign
to be able to, which is in the scope of protection of classified information, in particular
require information to the party.
l) to comment on the notification referred to in § 69 paragraph. 1 (a). r) within 30 days
from the date of its delivery, and provide an overview of these announcements and comments
to them, the Office for protection of competition and the
m) for the decision of the Office for foreign relations and information, and Military
coverage under section 140, paragraph. 1, on the basis of their written request,
carry out the operations referred to in section 107, paragraph. 1.
(2) the authority shall provide the intelligence services and the Ministry of the Interior
Once a month a list of
and) certificates issued to natural persons, entrepreneurs and documents, certificates
(b)) persons for whom decided to refusing the authentic instrument referred to in point (a)
and), or to the validity of this Charter was cancelled,
(c)), for which he received according to § 15a paragraph. 2 or 3 statements
entrepreneurs.
§ 138a
(1) the authority shall be provided for the scope of performance under this Act from the
basic population register reference data, which are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
There,
(f) citizenship, where applicable) more state citizenship.
(2) the authority shall be provided for the scope of performance under this Act from the
agendového of the information system of the population register on State citizens
The Czech Republic's data, which are
and, where applicable, names) the name, surnames, including previous surname, maiden
the last name,
(b)), gender,
(c)), if the social security number is not assigned, date of birth,
(d) the address of the place of residence), including previous address space
permanent residence, where appropriate, the address to which they are to be delivered
documents under other legislation
(e)) the beginning of permanent residence or cancellation date data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
(f)), the name of the mom, or name, last name and social security number
guardian; If opatrovníkovi has not been assigned a number, date of birth,
place and district of birth; If the guardian is appointed, the local authority
Administration, the name and address of the registered office,
(g) the name, if applicable) name, last name and social security number of the father, mother,
another legal representative, where appropriate; in the event that one of the parents or
another legal representative does not have an assigned number, name, birth, where appropriate,
name, last name, date of birth; If other legal representative of the child
a legal person, the name and address of the registered office,
(h)), marital status, date, place and County of marriage, if the
marriage outside the territory of the Czech Republic, the place and date of the State
the entry into force of a court decision on marriage
invalid, the date of the entry into force of a court decision on the absence of
the marriage, the date of the dissolution of marriage, the death of one of the spouses or the date
the entry into force of a court decision on the Declaration of one of the spouses for
day of the dead, and who was in the final decision on the Declaration for the
the dead listed as the day of death, where appropriate, as the day on which the spouse
declared dead survivors, or the date of the entry into force
the Court's decision on the dissolution of the marriage,
I) date and place of origin of a registered partnership, the date of the acquisition of the legal
the decision of the Court of invalidity or of the absence of the registered
the partnership, the date of the dissolution of a registered partnership in the death of one of the
registered partners, or the date of the entry into force of a court decision
about the statement of one of the registered partners of the dead and day of the
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which a partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
registered partnership,
(j) the name or names), surname, surnames, including previous and
social security number of the spouse or registered partner; If the husband or
the registered partner of a natural person, who has not been assigned at birth
number, the name or names, the surname of the spouse or registered
partner and the date of his birth,
the name or names), last name and social security number of the child; If the child is
an alien who is not assigned a social security number, name, or names,
the child's surname and date of birth,
l) of data in the range of osvojeném child
1. the degree of adoption,
2. the original and the new name, where applicable, the name, the surname of the child,
3. the original and the new social security number of the child,
4. date, place and County of birth,
5. the social security numbers of the adoptive parents; in the event that the adoptive parents was not assigned
social security number, name, or names, surname and date of birth
adopters,
6. social security numbers, father and mother; If they don't, their name,
where appropriate, the name, surname and date of birth,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption of a child,
m) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date of death, place and the State on whose territory the death occurred,
n) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which the citizen declared dead
survivors.
Data which are kept as reference in the principal registry
the population recovered from the agendového information system registration
population, only if they are in the shape of the previous status quo.
(3) the authority shall be provided for the scope of performance under this Act from the
information system data on aliens, aliens who are
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c)), gender,
(d)) instead, and the State where the alien was born; in the event that the alien
He was born on the territory of the Czech Republic, place and County of birth,
(e) a social security number),
(f)) or more citizenship nationality,
g) type and the address of the place of stay,
h) number and permission to stay,
and the beginning of the stay, if applicable), the date of their stay,
j) restrictions, mom,
to administrative expulsion) and the period for which it is not allowed to enter the territory of the
The Czech Republic,
l) marital status, date and place of marriage, the date of the acquisition of the legal
power of court decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the day that
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
m) the date and place of origin of a registered partnership, the date of the acquisition of the legal
the decision of the Court of invalidity or of the absence of the registered
the partnership, the date of the dissolution of a registered partnership in the death of one of the
registered partners, or the date of the entry into force of a court decision
about the statement of one of the registered partners of the dead and day of the
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which a partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
registered partnership,
n) name, where applicable, the name, the surname of the spouse or registered
partner and his social security number; If the spouse or registered partner
an alien who is not assigned a social security number, name, or names,
last name and date of birth,
about) name, where applicable, the name, the surname of the child, if it is a stranger, according to
another legal act, and his social security number; in the event that the child
has not been assigned a social security number, name, or name, last name and date
birth,
p) name, or name, surname of the father, mother, or another
the legal representative, if they are foreigners, according to another legal act,
and their social security number; in the event that one of the parents or other legal
the representative does not have an assigned number, name, where applicable, the name, surname and
date of birth,
q) about the osvojeném, if the child is an alien in accordance with other legal
the regulation,
1. the degree of adoption,
2. the original and the new name, where applicable, the name, the surname of the child,
3. the original and the new social security number of the child,
4. date and place of birth,
5. the social security numbers of the adoptive parents; in the event that the adoptive parents was not assigned
social security number, name, or names, surname and date of birth
adopters,
6. social security numbers, father and mother; If they were not allocated, information on their
the name, or names, surname and date of birth; These data are
do not provide, if it is a child born to a woman with permanent residency in the
The Czech Republic, who gave birth to a baby and asked for confidentiality in writing their
the person in connection with the delivery,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption of a child,
r) expulsion and the period for which it is not allowed to enter the territory of the Czech
of the Republic,
with) the date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
t) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which the stranger declared dead
survivors,
the name or names), surname
1. zletilého of a dependent child to foreigners with residence permit on
the territory of the Czech Republic,
2. minor aliens who were foreigners with a residence permit on the territory of the
The Czech Republic or the decision of the competent authority entrusted with husband
in alternative family care, or that he was a foreigner with residence permit
on the territory of the Czech Republic or of his spouse or whose osvojen
guardian or husband to his guardian is an alien with a residence permit
on the territory of the Czech Republic,
3. the lone foreigner aged 65 years or whatever the age of the alien,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or child with a residence permit on the territory of the
The Czech Republic,
4. an alien who is the dependent direct relatives in the ascending or
descending line or such relatives of the husband of a citizen of the European Union,
5. the parents of a minor alien who has been granted asylum in accordance with the Special
legislation, and his social security number; in the case of foreigners who do not have
assigned a social security number, name, or name, last name and date
the birth of.
Data which are kept as reference in the principal registry
of the population, make use of the information system to foreigners only if they are
in the shape of the previous status quo.
(4) the authority shall be provided for the scope of performance under this Act from the
registry of social security numbers on natural persons that have been assigned at birth
the number, however, are not kept in agendovém information system registration
the population data, which are
and, where applicable, names) the name, surname, maiden name, if applicable,
(b) the social security number),
(c) in the case of changes to social security), the numbers of the original social security number,
(d)) the day, month and year of birth
,
e) place and district of birth; for physical persons born abroad the State, on the
whose territory was born.
(5) the data referred to in paragraphs 2 to 4 in agendových information
systems of the Office are provided as well as their previous changes.
(6) the data provided can be used in a particular case only
such information, which are necessary to fulfil that task.
section 139
(1) the Authority handles the draft list of classified information. A list of the
classified information shall issue a government regulation.
(2) the list of classified information classifies an individual classified
information to one or more degrees of confidentiality under section 4.
§ 140
Intelligence services
(1) intelligence services
and decide on the application) natural persons in the case of their members,
employees and applicants for admission to the professional or employment relationship,
with the exception of applicants for admission to the professional or employment relationship,
who are holders of a certificate of a natural person, at least for the
degree of confidentiality, and revocation of certificates of natural persons and
the certificate shall be issued by a natural person referred to in section 56a,
(b)) on the basis of a written application to the Office within its scope shall be carried out
acts in proceedings under this Act.
(2) the intelligence services have when making a decision under paragraph 1, the position of the
The Office and the person responsible for the position of Director of the Office of the intelligence service.
Jurisdiction is governed by section 5 of Act No. 153/1994 Coll., on
the intelligence services of the Czech Republic, as amended.
(3) the intelligence services are in the performance of duties under this Act,
shall be obliged to notify without delay to the Office, if it finds the circumstances indicating
the fact that the holder of the certificate, the holder of the certificate of a natural person entrepreneur
or document no longer fulfils the conditions for their issue, they
It followed intelligence.
(4) the intelligence services are in the performance of duties under this Act,
shall be entitled to
and the means to obtain) use the information in accordance with specific legal
^ regulations 44),
(b) use the data from their) records and data from the records provided by the
The Office,
(c)) should use the data from the registers and and materials resulting from
the activities of the security and military authorities of the Czechoslovak State,
(d)) to process personal data
e) lead evidence,
(f) request for information free of charge) the authority of the State, legal persons or
entrepreneurial natural persons and use them,
(g) require a copy of the listing) and from the criminal register ^ 11); the request for
the issue of a copy of or extract from the criminal register and the copy or extract
from criminal records shall be sent in paper form, or
electronic form, in a manner enabling remote access,
h) keep in information systems, the data obtained in the framework of the implementation of the
tasks in accordance with this Act,
and carry out measures for the registration) protection of personal data of natural persons and
(j) use the data from the register) of persons who have been granted access to the
classified information in accordance with § 58 paragraph. 4.
(5) a public authority, that is the administrator of the information system, in
where the personal data are processed, is obliged to provide the
the intelligence services, the assistance needed to implement the measures referred to in
paragraph 4 (b). I).
(6) the Director of the intelligence service issued the consent under section 59 paragraph. 3.
§ 141
The Ministry of the Interior and the police
(1) the Ministry of the Interior decides on applications in the case of natural persons
members of the police are selected in order to accomplish the major tasks of the police
Minister of the Interior, with the exception of members of the police, who are holders of
the certificate of a natural person, at least for the desired degree of confidentiality, and
revocation of certificate of physical persons for these members of the police
and issues certificates of natural persons referred to in section 56a.
(2) the Ministry of the Interior has when making a decision under paragraph 1, the position of the
The Office of the Minister of the Interior and the position of Director of the Office.
(3) the Ministry of the Interior is in the performance of duties under this Act, on
obliged to
and notify the Office), if it finds the circumstances suggesting
that the holder of the certificate of a natural person, or the holder of the certificate
document no longer fulfils the conditions for their release, and
(b) at the request of the Office) to perform steps to registration privacy statement
the holder of the certificate the person or his spouse, the child and the parents.
(4) in carrying out the tasks referred to in paragraphs 1 to 3, is the Ministry of the Interior
shall be entitled to
and use of their data) records and information provided by the Office of its
records,
(b)), to process personal data
(c)) lead evidence,
(d) free of charge at the information) to require the authority of the State, legal persons or
entrepreneurial natural persons and use them,
(e) require the opinion of the police to the) safety the reliability of selected
a member of the police,
(f) require a copy of the listing) and from the criminal register ^ 11); the request for
the issue of a copy of or extract from the criminal register and the copy or extract
from criminal records shall be sent in paper form, or
electronic form, in a manner enabling remote access.
(5) the police are involved in the framework of its competence under the specific legal
code ^ 30) on the performance of the tasks of the Ministry of the Interior, in accordance with paragraph 1; on
the basis of a written application to the Office within its scope also performs operations
in the control.
(6) the police in the performance of duties under this Act shall be entitled to use the
the data from the register of persons who have been granted access to classified
information according to § 58 paragraph. 4.
(7) a public authority, that is the administrator of the information system, in
where the personal data are processed, is obliged to provide the
The Ministry of the Interior, the assistance needed to implement the measures referred to in
paragraph 3 (b). (b)).
(8) the Minister of the Interior issued the consent under section 59 paragraph. 3.
section 142
(1) if the Authority, the police or the Office of the representative of the Czech Republic
the letter found a document under section 65 paragraph. 1 or document referred to in section 87
paragraph. 2, the authority shall draw up a record of the submission, in which the found
the document or a document indicating the name, last name, social security number and
the place of residence of the person who found the document or document
casting, and detail the circumstances in which this person has won.
The police or the Embassy of the Czech Republic, along with the record passes
the found document or a document in the Office. The Office delivers classified information
its agents and physical persons, certificate certificate,
the document, a certificate of physical persons for a foreign power, or the certificate of the entrepreneur
for a foreign power to deliver, to whom they are issued.
(2) For the purposes of the transmission of the EU classified information referred to in paragraph 1 shall
Member of the police or an employee working at the Embassy
The Czech Republic considers it legitimate to have access to classified
information to the extent strictly necessary for the writing of the record and its
the delivery Office.
PART SIX
STATE SUPERVISION
§ 143
(1) State supervision in the field of the protection of classified information and
Security is the supervision of how the authorities of the State, legal
person, entrepreneurial natural persons and natural persons (hereinafter referred to as
the "controlled person") respect the laws and regulations in this area.
(2) in the exercise of State supervision shall, mutatis mutandis, in accordance with the law
governing State control ^ 45), unless otherwise provided by this Act.
(3) the employees of the Office have in the exercise of State supervision (hereinafter referred to as
"supervisors") access to classified information in the range
checks, if they prove valid certificates for natural persons
security vetting.
(4) the Office of a foreign power, that is in the scope of the protection of classified
the information shall be entitled to participate in the State supervision in the field of the protection of
classified information, that are provided by the Czech Republic,
If the commitment of the membership of the Czech Republic in the European Union, or
When provided for in an international treaty, which the Czech Republic is bound.
(5) the State under this Act is not subject to the supervision of the activities of the
the intelligence services and the activities of the Ministry of the Interior, in the cases referred to in §
141.
§ 144
Measures to remedy the
(1) in addition to the permissions according to the law governing the State kontrolu45)
enforcement officers in the detection of violations of legislation in the field of
the protection of classified information and the security of the eligibility for
the person authorized to accept urgent controlled measures to ensure
the protection of classified information, including classified information, the withdrawal of
measures to cancel or change the classification of classified information or
to designate classified information classified. Of the withdrawal issue
the controlled person of confirmation. Also are entitled to require that, in the
time limit were eliminated the deficiencies found.
(2) the costs associated with the implementation of the measures referred to in paragraph 1 shall be borne by
the controlled person.
(3) everyone is obliged to comply with the instructions of the control of the worker when the
the implementation of urgent measures referred to in paragraph 1.
(4) failure to comply with the obligations referred to in paragraph 3, the Office may impose
fined up to 100 000 Czk. You can save and fined
repeatedly. The total fines imposed on the police not to exceed the amount of 400
USD. For determining the acreage of the fine and its maturity and for the collection and
the recovery of fines imposed shall apply section, paragraph 156. 3 and 7 to 9.
PART SEVEN
CHECK THE OPERATION OF THE OFFICE
§ 145
(1) control of the activities of the Office of the Chamber of Deputies, which carries out the
to this end, a special supervisory authority (hereinafter referred to as "control
the authority ").
(2) the inspection authority shall consist of 7 members. A member of the supervisory body
can only be a member of the Chamber of Deputies.
(3) where this Act provides otherwise, the provisions of the acts
the inspection authority and the rights and obligations of its members adequately
special legislation ^ 46).
(4) members of the supervisory body may enter, accompanied by the Director of the
The Office or authorized employee to the objects of the authority.
(5) the Director of the Office shall submit to the supervisory body
and a report on the activities of the Office),
(b) report on the individual proceedings) on the request of the natural person, the application
entrepreneurs and the request for the document and the revocation of the certificate of physical
person, certificate or document [section 137)]
(c) the budget proposal of the Office)
d) documents required to control the implementation of the budget of the Office,
(e)) the internal rules of the Office,
(f) upon request, a report on) each of the cyber-security
incidents of critical information infrastructure.
(6) the audit authority is not entitled to interfere with the powers of staff
the senior staff of the Office, and replace their control activities.
section 146
(1) if the supervisory authority considers that the activities of the Office of illegally restricts
or damages the rights and freedoms of citizens, or that the decision-making activities of the Office
in the context of safety management, or in the context of the administrative procedure for the issue of
measures in accordance with the law on cyber security is subject to defects,
entitled to request from the Director of the Office, the necessary explanations.
(2) any infringement of the law, an employee of the Office in the performance of duty
under this Act, or pursuant to the law on cyber security, which
the control authority finds in its activities, is required to notify the Director
The Office and the Prime Minister.
§ 147
The obligation of confidentiality imposed by members of the supervisory body
under the Act does not apply to cases where the inspecting authority shall
notification under § 146 paragraph. 2.
PART EIGHT
ADMINISTRATIVE OFFENCES
§ 148
(1) a natural person has committed the offence by
and as a participant in the security control) notifies the change to the data referred to in
the application of a natural person under section 103, paragraph. 2 or data referred to in
the application for the document under section 103, paragraph. 2,
(b)) fails to document found under section 65 paragraph. 1 or found
the document referred to in section 87, paragraph. 2,
(c) breach of the obligation to maintain secrecy) of classified information,
(d)) to have access to classified information to any unauthorized person,
(e)) shall be exercised in contravention of section 71, paragraph. 5 function the safety Director for
more of the authorities of the State or businesses,
(f)) performs a cryptographic protection without worker cryptographic
protection which meets the requirements provided for in § 38 paragraph. 2,
(g)) performs cryptographic operations service, without resource meets
the requirements set out in § 40 paragraph. 2,
h) carries the cryptographic material, without the courier of the cryptographic
material which meets the requirements provided for in § 42 paragraph. 1,
I) ensure access to classified information, without meeting the conditions
under section 6 (1). 1 or § 11 (1). 1, or
j) from the territory of the Czech Republic approved cryptographic
means without the permission of the authority.
(2) for the offence may be imposed a fine in
and 50 000 CZK), if the offence referred to in paragraph 1 (b). and)
(b)), 100 USD, if the offence referred to in paragraph 1 (b). (b)), or (e)),
(c) 500 000 CZK), if the offence referred to in paragraph 1 (b). (f)), g), or
(h)),
(d)) 1 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). I),
e) 5 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). c), (d)) or
(j)).
section 149
(1) a natural person who has access to classified information, he commits
offence by
and does not register or not classified) information in the
administrative AIDS according to § 21. 5,
(b) a copy of a copy shall be made out,) or the translation of classified information without the consent of
referred to in § 21. 6,
(c) classified information) in violation of § 21. 8,
(d)) granting, or transferred classified information in contravention of section 21
paragraph. 7 or 9,
e) cancels or changes the classification without the consent of the originator or
providing a foreign power,
(f) fails to comply with the requirements of the processing) or storing classified information
under section 24, paragraph. 5 or 6,
(g)) be treated with classified information in the information system, which is not
certified by the authority or is certified for security vetting
or is not approved in writing by the person responsible for the operation or her
an authorised person,
h) handled classified information in a communication system
Security project is not approved by the authority or is not approved for the degree of
the confidentiality of classified information sent
I) handles classified information contrary to the security of operational
the directive, issued pursuant to § 36 odst. 2,
(j)) does not register the cryptographic material in the administrative AIDS
cryptographic protection, or
k) manipulates the cryptographic material in contravention of section 41, paragraph. 2
or 3.
(2) for the offence may be imposed a fine in
and 500 000 CZK), if the offence referred to in paragraph 1 (b). and (b))), (c)),
d), (e)), f), (g) or (h)))
(b)) 1 0000 0000 CZK in the case of the offence referred to in paragraph 1 (b). I), (j)) or
k).
section 150
(1) a natural person who holds a certificate of a natural person,
commits an offence by
invalid certificate fails) of the natural person referred to in section 66 paragraph. 1 (a).
(b)),
b) notifies the loss or theft of the physical person's certificate pursuant to section 66
paragraph. 1 (a). (c)),
(c) immediately notify a change of details) referred to in the request of the natural person
pursuant to section 66 paragraph. 1 (a). (d)),
(d) the holder of a certificate) as a natural person for a foreign power does not void
certificate of physical persons for foreign power under section 57, paragraph. 8, or
(e) the holder of a certificate) as a natural person for a foreign power notify a loss
or stolen certificate natural person for foreign power pursuant to section 66 paragraph. 1
(a). (c)).
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
§ 151
(1) a natural person who is the holder of a notice, is guilty of an offence
by
and informs the change of conditions for) the issue of a notice referred to in section 6 (1). 2
(a). and (c))) or change the data contained in the notification, or
(b) fails to notice invalid) under section 9 (2). 6.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 30,000.
§ 152
(1) a natural person who is the holder of the document commits the offense
by
invalid document fails) under section 87, paragraph. 1 (a). and)
b) notifies the loss or theft of a document under section 87, paragraph. 1 (a). (b)),
or
(c) notifies the change data) referred to in the application for the document referred to in section 87, paragraph. 1
(a). (c)).
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
§ 153
(1) a legal person or a natural person-entrepreneur, having access
to the classified information, or authority of the State is guilty of misconduct
by
and will not provide under section 28) paragraph. 2 or 4 security on object, in which the
secure area is Reserved category,
(b)) in violation of § 36 odst. 2 issued a safety directive, operation
(c)) does not ensure a written mandate individuals to have access to classified
information management with special regime marked "ATOMAL",
(d)) have established and will feature a safety Director according to § 71 paragraph.
1,
e) notifies the according to § 71 paragraph. 2 appointment of the Director of safety,
(f)) nevyznačí on the classified information under § 21. 2 to
4,
(g)) as the originator shall indicate the classification of the information, without is listed in the
the list of classified information or its disclosure or misuse
may cause harm to the interests of the Czech Republic, or it may be for this interest
disadvantageous,
(h)) as the agent notifies the cancellation or amendment of the classification pursuant to section 22 of the
paragraph. 6,
I) classified information as the addressee notifies the change or cancellation of the degree
confidentiality in accordance with section 22 paragraph 1(b). 6,
j) locks according to § 28 paragraph. 1, 3 or 4 of the 24-hour surveillance for
object, in which the secure area or in the rules area,
unreported breach of the obligation to) in the protection of classified information,
l) does not process the physical security of the project under section 32, the
m) does not lead any of the registers provided for in § 69 paragraph. 1 (a). (j)),
n) does not pass the registration of classified information in accordance with § 69 paragraph. 1 (a).
n),
about) does not ensure the physical security measures applied to match the
the project of physical security and the requirements laid down under section 31,
p) as originator of the nevyznačí under § 21. 1 and 4, although it is
the information included in the list of classified information and its disclosure, or
misuse may cause injury to the interests of the Czech Republic or may be for
This interest in disadvantageous,
q) as the originator of the cancelled or does not change the classification without delay in
cases where the reason for secrecy has ceased, the grounds for confidentiality of information
do not match the specified classification or classification
set improperly,
r) does not ensure the creation of conditions laid down on the basis of § 33 for
storage and section 23, paragraph. 2 for recording, or to lease transport
classified information or classified information with special regime
loading or for other handling,
with) operates the information system, which is not certified by the Office or
It is not approved in writing by the person responsible for the operation or her responsible for the
person,
t) operates a communications system, which the safety project is not
approved by the authority,
to stop the operation of the information system), which does not meet the conditions
laid down in the certification report, or to stop the operation of the communications
the system, which does not meet the conditions laid down in the safety project
communication system,
in) used for cryptographic protection of a resource that is not
certified by the Office, or Department to another uses cryptographic
the purpose for which it was certified and approved for operation,
w) does not guarantee the performance of cryptographic protection of a person who meets the
the requirements set out in section 38, paragraph. 2,
x does not provide cryptographic resource service) by a person who meets the
the requirements set out in § 40 paragraph. 2,
y) does not ensure the transport of cryptographic material, by a person who meets the
the requirements provided for in § 42 paragraph. 1,
of the cryptographic material being compromised) notifies the according to section 43, paragraph. 2,
AA) have established a register or reports the Office of changes in the registry under section 79
paragraph. 8 (a). (f)),
BB) does not control classified information in accordance with § 69 paragraph. 1 (a).
m) in the registry, or fails to notify the result to the Office,
CC) sends the classified information to the level of top secret, Secret or
Confidential in contravention of section 77,
DD) will allow performance-sensitive activities of a natural person who is not the holder of the
a valid document or certificate natural person or
EE) as the Contracting Authority notifies the public procurement or contracting authority in
concession Management Authority fact pursuant to § 69 paragraph. 1 (a). r).
(2) for the administrative offence is imposed in the
and 300 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). and (b)))
(c)), d), (e)), f) or (g)),
b) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (h)), and)
(j))) l), m), n) or o),
(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). p, q)),
r)) t)),), w), x, y))), aa), bb), cc), dd) or ee).
§ 154
(1) an entrepreneur, who has access to classified information, he commits
the administrative tort by
and does not pass) or classified information pursuant to § 56 paragraph. 2,
(b)) does not update the safety documentation to the entrepreneurs under section 98, the
(c) classified information) will provide a degree of confidentiality reserved for foreign
partner in contravention of section 73 (a). (b)),
(d) provide information) classified top secret classification, Secret
or confidential foreign partner in contravention of section 73 (a). and)
(e)) from the territory of the Czech Republic approved cryptographic
means without the permission of the authority,
(f) has not sent a copy of the Office without delay) statement pursuant to section 15a of the entrepreneur
paragraph. 2 or the declaration pursuant to § 15a paragraph entrepreneurs. 3, or
(g) the Office or in writing) fails to notify the provider of dedicated information, the disappearance of the
Declaration according to § 15a paragraph entrepreneurs. 6.
(2) for the administrative offence is imposed in the
1 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and (b)))
or (c)),
b) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)) or
(e)),
(c)) 2 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)) or
(g)).
§ 155
(1) an entrepreneur, who is the holder of the certificate, is guilty of
the administrative tort by
and does under section 68) (a). and entrepreneur whose) certificate validity
be allowed to lapse,
b) notifies the according to § 68 (a). (b) the loss or theft of the certificate)
entrepreneurs,
c) notifies the according to § 68 (a). (c) the information referred to in the amendment) to section 97 (a). and)
(b)) or p) and section 98 (a). (c)),
(d)) has notified under section 68 (a). (d) the particulars referred to in the amendment) request
entrepreneurs,
as the holder of the certificate) for a foreign power fails under section 57, paragraph. 8
invalid certificate for a foreign power,
(f) the holder of a certificate) as a foreign power has notified under section 68 (a). (b))
loss or theft of the certificate for a foreign power, or
(g)) is going to protect the classified information in the demise of the validity of the
certificate procedure pursuant to § 56 paragraph. 2.
(2) for the administrative offence is imposed in the
and 50 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). and (b)))
(c)), d), (e)), or (f)),
(b)) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (g)).
§ the basic equipment
(1) the entrepreneur commits misconduct by
and allows the performance of sensitive activities) a natural person who is not the holder of the
a valid document or a certificate of physical persons,
(b)) shall ensure access to the classified information to the level of dedicated,
without meeting the conditions referred to in section 15 (b). and), or on the basis of the Declaration
businesses, which were not subject to the conditions provided for in § 15a paragraph. 1, or
(c)) shall ensure access to the classified information, the classification of confidential or
later, without meeting the conditions referred to in section 15 (b). (b)).
(2) for the administrative offence is imposed in the
and 500 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). (b)),
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or
(c)).
§ 156
Common provisions
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) liability of legal persons for the administrative offence shall cease, if the Office
about him has commenced proceedings to 1 year from the date on which it learned,
However, at the latest, shall cease within 3 years from the date when the administrative tort
committed.
(3) in determining the acreage of a fine account of the seriousness of the administrative
tort, in particular to the way a criminal offence and its consequences and to
the circumstances under which it was committed.
(4) for the assessment of responsibility for negotiations in the field of the protection of classified
information, which occurred when the business of physical osoby9) or in direct
relation with him, and for the administrative procedure for violation of the obligations of the
entrepreneurial natural persons in the area of protection of classified information
the provisions of this law on the liability of legal persons.
(5) for the administrative proceedings on the violation of the obligations of the individuals in the area of
the protection of classified information, which did its business or
in direct connection with it, shall apply the provisions of the law governing the
^ 47 offences).
(6) administrative offences under this Act are heard by the Office.
(7) the Fines collected by the authority. Income from fines is the income of the State budget.
(8) the financial penalty is payable within 30 days from the date of the entry into force of the decision on
its imposition.
PART NINE
TRANSITIONAL AND FINAL PROVISIONS
§ 157
Transitional provisions
(1) the Secret the fact according to the existing legislation
considered as classified information in accordance with this Act. If you are in the
the existing legislation is talking about classified facts or
on the State and professional secrets, this means the classified information
in accordance with this Act.
(2) the classification established in accordance with the existing legislation
It considers the classification established in accordance with this Act.
(3) on 1 July. January 2008 deleted classification for classified
documents resulting from the 31. December 1992, if the responsible person
in the specific case of to 31. December 2007 otherwise.
(4) the written record of destination in accordance with the existing legislation
It considers the lessons under this Act.
(5) certification that the proposed person meets the conditions for its
the release, which was issued in accordance with the existing legislation,
the period of validity referred to in it be deemed the natural person referred to in
of this law.
(6) proof of the safety of natural persons, which was released
According to the existing legislation, is considered proof of
physical security of the person under this Act, including the
the period of its validity.
(7) the notice of compliance with conditions for the determination of the proposed person for degree
reserved, which was issued in accordance with the existing laws,
the regulations, for a period of 6 months from the date of entry into force of this Act
considered to verify compliance with the conditions for eligibility to legal capacity,
age and integrity to allow access of natural persons, classified
information classification Reserved under this Act, if the responsible
person or one who classified information of the physical person providing,
be made within 1 month from the date of entry into force of this law, its
the lessons.
(8) the Agreement, specifying the proposed persons without
the screening, which was issued in accordance with the existing laws,
the regulations, for a period of 6 months from the date of entry into force of this Act
deemed consent with reusable access to classified information for the
the level of classification, to be proposed to the person issued the certificate.
(9) any natural person who, before the date of entry into force of this Act
According to the existing law to publicise EU
information only on the basis of lessons learned and not hold valid
the certificate can be the date of entry into force of this Act, the access to
classified information only if the holder of a valid certificate of physical
of the person. This does not apply in the case of a person who pursuant to this Act shall have access to
classified information without a valid certificate of a natural person and, without lessons.
(10) a certificate attesting to a foreign power, that the proposed person was released
a certificate confirmation, or an organization that has been issued in accordance with the existing
the legislation, after the period of validity referred to in it be considered
certificate of physical persons for a foreign power, or certificate
a foreign power, which confirms that a foreign power, of the natural person or
the entrepreneur was carried out a safety management and is the holder of a valid
the certificate or certificates of natural persons entrepreneurs of the degree
in the case of certificates of confidentiality and entrepreneurs and forms of occurrence of classified
information.
(11) a confirmation that the entrepreneur meets the conditions for its
the release, which was issued in accordance with the existing legislation,
the period of validity referred to in it be considered according to the certificate
of this law.
(12) the Consent to the provision of classified information between the Organization and
foreign partner, which was issued in accordance with the existing laws,
the regulations shall be deemed to permit the provision of classified information
between the Organization and a foreign partner, outside the territory of the Czech Republic
in accordance with this Act.
(13) the CPC cryptographic protection of the worker
issued in accordance with the existing law is considered for
the validity of the certificate referred to in it for a specific professional competence
cryptographic protection of the worker in accordance with this Act.
(14) the certificate of technical resource used to protect
the classified information that was issued in accordance with the existing laws,
the regulations, after the period of validity referred to in it deems the certificate
technical resource under this Act.
(15) the certificate of the information system used for the management of
classified information, which was issued in accordance with the existing laws,
the regulations, after the period of validity referred to in it deems the certificate
information system under this Act.
(16) the certificate Cryptographic device used to protect the
the classified information that was issued in accordance with the existing laws,
the regulations, after the period of validity referred to in it deems the certificate
Cryptographic device under this Act.
(17) the confidential security standard, which has been issued in accordance with the existing
the legislation is considered to be the safety standard in accordance with this
the law.
(18) the Safety review initiated before the date of entry into force of this
the Act is completed according to the existing legislation. On her
completion by the deadline for the implementation of comparable control of release
certificate under this Act, that period starts to run from the date of
the entry into force of this law.
(19) the Authentication security initiated before the date of entry into
the effectiveness of this law shall be completed in accordance with existing legislation.
On its completion by the deadline for the implementation of the procedure for the issue of
document referred to in this law, that period starts to run from the date of acquisition
the effectiveness of this Act.
(20) the Certification technical resource information system or
Cryptographic device initiated before the date of entry into force of this
the Act is completed pursuant to this Act.
(21) the complaint against a certificate confirmation or refusal of the document from the
in the period before the date of entry into force of this law shall be dealt in accordance with
the existing legislation.
(22) the appeal in accordance with the existing legislation
The College on the protection of classified information, which was not before the
date of entry into force of this Act, the College has already decided
don't make. In these cases the College all filing material in 5
working days from the date of entry into force of this Act, the authority
submit it to him. This authority shall instruct the management of participant
that the Director of the Office against the decision may be brought; in these
cases, the time limit for bringing an action is running again as from the date of receipt of the written
the lessons.
(23) Against the decision rejecting the complaint issued by the existing
the legislation after the date of entry into force of this law may be filed
an action under this Act.
(24) the proceedings for the imposition of fines, initiated before the date of entry into force of
This law shall be completed in accordance with existing legislation.
(25) communication system that was run before the date of entry into
the effectiveness of this law, can operate until its approval of the project
safety, however, after a period of 12 months from the date of entry into force of
of this Act, if the person responsible authority within 3 months from the date of acquisition
the effectiveness of this law, request in writing for approval of its safety
the project.
(26) the site at which the activities have been performed by the cryptographic
protection before the date of entry into force of this law, can be used to
the performance of cryptographic protection to the time of its approval to the operation
a statutory body, the longest, however, after a period of 12 months from the date of acquisition
the effectiveness of this law, and in the case that the workplace is subject to
certification, if the authority of the State or the entrepreneur within 3 months from the date of
the entry into force of this Act, request in writing on the implementation of its
certification.
(27) the screening Chamber that was the Ministry of Foreign Affairs
used at the Embassy of the Czech Republic for the protection of classified
the information before the date of entry into force of this law, the following
the Ministry used to protect classified information until the
the implementation of the certification scheme, the longest, however, after a period of 24 months from the date of
the entry into force of this Act, if the Ministry of Foreign Affairs to
3 months from the date of entry into force of this Act shall request in writing
implementation of its certification.
(28) to perform security screening individuals, security
review of the Organization, technical certification, resource certification
information system, certification of cryptographic, Authentication resource
the safety of natural persons, the issue of a certificate confirmation
a foreign power, that the proposed person or organization certificate has been issued
confirmation, and the issue of consent to the provision of classified information between the
organizations and the foreign partner is governed by existing laws,
the legislation only if the request was forwarded to the mail transport
or otherwise delivered or filed no later than 45 days prior to the date
the effectiveness of this Act.
section 158
The enabling provisions
The Office shall issue a decree for the implementation of section 7 (1). 3, § 9 (2). 8, § 15a paragraph. 7,
§ 23 paragraph. 2, § 33, § 34 paragraph. 6, § 35 paragraph. 6, § 36 odst. 4, § 44, 53
and, § 64 paragraph 75a. 4, § 79 paragraph. 8, section 85, paragraph. 5 and section 135.
§ 159
the title launched
Administrative regulations shall apply only to proceedings under Title IX of part two,
If not specified otherwise, the proceedings under section 116 and of proceedings under section
the eighth.
section 160
Cancellation provisions
Shall be repealed:
1. Law No 164/1999 Coll., amending Act No. 148/1998 Coll., on
protection of classified information and on amendment to certain laws.
2. Law No. 363/2000 Coll., amending Act No. 148/1998 Coll., on
protection of classified information and on the amendment to certain acts, as amended by
amended.
3. Law No 386/2004 Coll., amending Act No. 148/1998 Coll., on
protection of classified information and on the amendment to certain acts, as amended by
amended.
4. Government Regulation No. 340/2002 Coll., laying down a list of some
sensitive activities.
5. the Regulation of the Government No. 385/2003 Coll., laying down a sensitive activity
for the Castle guard.
6. Government Regulation No. 31/2005 Coll., laying down the list of sensitive
activities for civil aviation, as amended by Government Decree No. 212/2005 Sb.
7. the regulation of the Government No. 246/1998 Coll., laying down the lists of
classified information.
8. Government Regulation No. 89/1999 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information.
9. Government Regulation No. 152/1999 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
amended by Decree-Law No 89/1999 Sb.
10. Government Regulation No. 17/2001 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
as amended.
11. Government Regulation No. 275/2001 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
as amended.
12. the regulation of the Government No. 403/2001 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
as amended.
13. Decree-Law No 549/2002 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
as amended.
14. Government Regulation No 631/2004 Coll., amending Decree-Law No.
246/1998 Coll., laying down the lists of classified information, in
as amended.
15. Decree No. 137/2003 Coll., on details of the establishment and designation of the
the degree of secrecy and to ensure administrative security.
16. Decree No. 245/1998 Coll., on personal competence and patterns
the forms used in the area of staff security.
17. Decree No. 397/2000 Coll., amending Decree No 245/1998 Coll.
about personal competence and the patterns of the forms used in the field of
personnel security.
18. Decree No 263/1998 Coll., laying down the method and procedure
authentication security reliability organization.
19. Decree No. 12/1999 Coll., on ensuring the technical safety
classified information and certification of technical resources.
20. Decree No. 337/1999 Coll., amending Decree No 12/1999 Coll., on the
ensure the technical security of classified information and certification
technical resources.
21. Decree No 56/1999 Coll., on ensuring the security of information
systems handling classified information, the implementation of their
certification and details of the certificate.
22. Decree No. 339/1999 Coll., on the object security.
23. Decree No 136/2001 Coll., on ensuring cryptographic protection
classified information, the implementation of the certification of cryptographic
resources and the terms of the certificate.
24. Decree No. 348/2002 Coll., on security of natural
persons.
§ 161
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2006.
Zaorálek in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article. (II) Act No. 255/2011 Sb.
Transitional provisions
1. On the procedure for the issue of certificates, certificates of natural persons entrepreneurs
or a document that has not been completed before the date of entry into
the effectiveness of this law, shall be subject to the time limits for the completion of the procedure provided for in
existing legislation, unless it is a case referred to in point 2; in
the other completes the management according to the law No 412/2005 Coll., on the protection of
on the security of classified information and eligibility, in the texts of the effective
from the date of entry into force of this Act.
2. the procedure for the issue of certificate for access to classified
information classification and management Dedicated to terminate
certificate for access to classified information classification
Reserved, which was not been completed before the date of entry into force of
This Act, the date of entry into force will stop this law.
3. the validity of the notification issued by the Office in accordance with the existing legal
the regulation shall expire on the first day of the third calendar month following
After the date of entry into force of this Act.
4. the procedure for the imposition of fines in administrative tort or delict that
has not been completed before the date of entry into force of this Act,
completes by the existing legislation.
5. Certificate for the classification of Reserved, issued under the
the existing law is considered to be for a period of 3 months from the date of
the entry into force of this Act, a declaration of the entrepreneur according to law
No 412/2005 Coll., on the protection of classified information and security
eligibility, as effective from the date of entry into force of this Act.
for example, 1) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and
her performance in legal relations, § 2, paragraph 1. 7 of law No. 238/2000
Coll. on the Fire Rescue Corps of the Czech Republic and amending certain
laws, section, paragraph 55b. 3 of Act No. 49/1997 Coll., on civil aviation and the
amendment and supplement of Act No. 455/1991 Coll., on trades
(Trade Act), as amended by later regulations, as amended by Act No.
258/2002 Sb.
2) Law No. 129/2000 Coll., on the regions (regional establishment), as amended by
amended.
3) Law No 131/2000 Coll., on the capital city of Prague, as subsequently amended
regulations.
4) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended.
5) Act No. 154/1994 Coll., on the security information service, as amended by
amended.
6) Law No 289/2005 Coll. on Military Intelligence.
7) Law No 6/1993 Coll. on Česká národní banka, as amended
regulations.
8) commercial code.
9) § 2 (2). 2 of the commercial code.
section 14, paragraph 10). 3 of the criminal code.
11) Law No. 269/1994 Coll., on criminal records, as amended by Act No.
126/2003 Coll.
section 68, paragraph 12). 1 of law no 499/2004 Coll. on Archives and records
service and amendment to certain laws.
13) section 3 of the Act No. 153/1994 Coll., on the intelligence services of the Czech
of the Republic.
14) section 68 of the commercial code.
15) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
17) Law No 29/2000 Coll. on postal services and on the amendment of certain
laws (the law on postal services), as amended.
18) section 7 et seq.. Law No. 499/2004 Sb.
19) section 10 of Act No. 153/1994 Coll.
20) Law No. 240/2000 Coll., on crisis management and on amendments to certain laws
(the emergency law), as amended.
for example, section 21), paragraph 14. 3 of Act No. 219/1999 Coll., on the armed forces
The Czech Republic, § 50a paragraph. 1 of Act No. 283/1991 Coll., on the police of the Czech
Republic, as amended by Act No. 26/1993 Coll.
22) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
section 18, paragraph 24). 1 of law No 153/1994 Coll., section 15, paragraph. 2 Act No. 154/1994
SB.
25) § 33f law No. 13/1993 Coll., the Customs Act, as amended by law No. 1/2002
Coll. Section 23f of the Act No. 283/1991 Coll., as amended by Act No. 265/2001 Coll.
26) Law No 137/2001 Coll., on special protection of witnesses and other persons in
connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,
Code of civil procedure, in the wording of later regulations.
27) Law No. 361/2003 Coll., on the service of members of
security forces, in the wording of later regulations.
28 of the code of criminal procedure). Code of civil procedure. The rules of the Board.
28A) Law No. 125/2008 Coll., on the transformation of companies and
cooperatives.
for example, law No 29) 218/2002 Coll., on the service of civil servants in the
the administrative offices and the remuneration of these staff, and other
employees in the administrative offices (business law), as amended
legislation, Act No. 312/2002 Coll., on officials of territorial self-governing
units and amending certain laws, as amended by Act No. 46/2004 Coll.
Decree No. 50/1978 Coll., on professional competence in electrical engineering, in
the texts of Decree No. 98/1982 Coll.
for example, 30) Act No. 283/1991 Coll., as amended,
Act No. 137/2001 Coll.
for example, § 31) 47a, paragraph. 6 of Act No. 283/1991 Coll., as amended
regulations, § 21. 1 of Act No. 137/2001 Coll.
for example, 32) Act No. 38/1994 Coll., on foreign trade with military
the material and the addition of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by later regulations, and act
No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by
amended, Act No. 18/1997 Coll. on peaceful uses of nuclear
energy and ionizing radiation (the Atomic Act) and on the amendment and supplement
certain acts, as amended.
33) Act No. 273/2001 Coll., on the rights of members of national minorities and
on the amendment to certain acts, as amended by Act No. 320/2002 Coll.
34) Law No. 41/1993 Coll., on the verification of compliance with the Charter of copies or copies of
and verifying the authenticity of the signature of the provincial and municipal authorities and extradition
certificate authorities, municipalities and provincial authorities, as amended.
35) Act No. 167/1998 Coll., on addictive substances and amending certain
other laws, as amended.
36) section 115 of the civil code.
37) section 18 and section 19, paragraph. 1 of Act No. 563/1991 Coll., on accounting, as amended by
amended.
38) Act No. 586/1992 Coll., on income taxes, as amended
regulations.
39) section 116 of the civil code.
40) Law No. 119/1992 Coll. on travel compensation, as amended
regulations.
41) Act No. 36/1967 Coll. on experts and interpreters.
42) rules of court administration.
43) Act No. 153/1994 Coll., as amended. Law No.
283/1991 Coll., as amended.
43A) Act No. 133/2000 Coll., on registration of the population and the social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended
regulations.
43B) section 1 of Act No. 133/2000 Coll., as amended.
43c) section 13b of Act No. 133/2000 Coll., as amended by law No 53/2004 Coll.
Act No 342/2006 Sb.
43d) Act No. 40/1993 Coll. on acquisition and dispose of citizenship
The Czech Republic, as amended.
43e) section 4 (b). h) of the Act No. 101/2000 Coll., on the protection of personal data and on the
amendment to certain acts, as amended.
43f) section 57 of the Act No. 140/1961 Coll., the criminal code, as amended
regulations.
44) Act No. 153/1994 Coll., as amended. Law No.
154/1994 Coll., as amended.
45) Law No 552/1991 Coll., on State control, as amended
regulations.
46) Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, in the text of the
amended.
47) Act No. 200/1990 Coll. on offences, as amended.
48), Act No 634/2004 Coll., on administrative fees, as amended
regulations.
section 18, paragraph 49). 1 (a). and) Act No. 137/2006 Coll., on public
procurement, as amended.
50) section 3 of Act No. 139/2006 Coll., on concession contracts and concession
Management (concession laws), as amended.
51) section 21 to 85 of Act No. 137/2006 Coll., as amended.
§ 4 to 15 of Act No. 139/2006 Coll., as amended.
52) Law No 115/2006 Coll., on registered partnership and amending
some related laws, as amended.
53) section 20 of Act No. 563/1991 Coll.
54) Law No. 300/2008 Coll., on electronic acts and authorized
conversion of documents, as amended.