On The Protection Of Classified Information And The Security Of The Eligibility

Original Language Title: o ochraně utajovaných informací a o bezpečnostní způsobilosti

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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.

Related Laws