154/1994 Coll.
LAW
of 7 June. July 1994
on the security information service
Change: 160/1995 Sb.
Change: 155/2000 Coll.
Change: 53/2004 Sb.
Change: 436/2004 Sb.
Change: 499/2004 Sb.
Change: 290/2005 Sb.
Modified: 21/2006 Sb.
Change: 362/2003 Coll.
Change: 274/2008 Sb.
Change: 254/2012 Sb.
Change: 273/2012 Sb.
Change: 267/2006 Sb.
Change: 303/2013 Sb.
Change: 64/2014 Sb.
Change: 318/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
(1) there is hereby established the security information service as the armed
intelligence service of the Czech Republic.
(2) the status and scope of the security information service and its
cooperation with other intelligence services of the Czech Republic regulates the
the special law. ^ 1)
PART THE SECOND
THE POSITION OF THE SPECIFIC MEANS OF OBTAINING INFORMATION,
THE EVIDENCE LED BY THE SECURITY INTELLIGENCE SERVICE AND DAMAGES
HEAD FIRST
THE POSITION OF THE MEMBERS OF THE
§ 2
(1) the tasks of the security information service holds the members of the Security
information services (hereinafter referred to as "members").
(2) members are obliged to take care when carrying out the tasks of honor, esteem and
the dignity of persons and of their own, as well as to persons in the context of
with their activities or other damage suffered disproportionate harm.
§ 3
cancelled
§ 4
Members prove their belonging to security information
Service staff ID card with the registration number and an oral statement:
"The security information service".
§ 5
Members are entitled to hold and carry a firearm for service and
use it in cases of necessary defence or extreme emergency. ^ 2)
THE HEAD OF THE SECOND
THE SPECIFIC MEANS OF OBTAINING INFORMATION
§ 6
The specific means of obtaining information for the purposes of this Act,
means the intelligence resources and use of services by persons acting in
benefit of the security information service.
The first section
News resources
section 7 of the
(1) the security information service is authorized in the scope of its competence
the use of intelligence resources, which are
and reporting technology),
(b)) and the cover the cover means the documents,
c) tracking.
(2) the security information service is obliged to ensure the protection of the
news resources before the disclosure, misuse, damage,
destruction, loss or theft.
§ 8
Intelligence technology
(1) Intelligence technology for the purposes of this Act, means the
the technical means and equipment, in particular, electronic, fototechnické,
chemical, physico-chemical, mechanical, optical, radio technical or
their files, used classified manner, if it
all the fundamental rights and freedoms of citizens in the
and) search, examination or opening, evaluation of transported
consignments,
(b)), or recording of telecommunications eavesdropping,
the radio and the like, including surveys
information about this operation,
c) acquiring, sound or other records,
(d) the use of technical means) search, which could prevent
or make the performance of tasks within the security information service,
(e) identification of persons or objects), where appropriate, in the determination of their
the movement for the use of security and detection techniques.
(2) using the intelligence technology, if it is not tampered with in the
fundamental rights and freedoms of citizens, it is not
and, listening, interception) monitoring and evaluation of the information
they are distributed in a manner that allows access to them in advance of undetermined
the categories of persons,
(b)) acquiring or phonograms,
(c)) use signalling and detection techniques,
(d) the monitoring of telecommunications, radiocommunications) or other
a similar operation without tapping its content, where applicable, the survey
information about this service.
§ 8a
The security information service is permitted to the extent necessary for the
the performance of a specific task require legal or natural persons
providing a public communications network and/or publicly
available electronic communications service
and, where appropriate, security) the establishment of an interface for the connection of the end
telecommunications devices for the interception or recording of messages at specified
points of their network, and
(b) the provision of operational or) location data in the form and manner
to the extent provided for in a special law ^ 8).
§ 9
Use intelligence technology
(1) the security intelligence service can use reporting technology
only after prior written authorization of the President of the Senate of the Supreme Court
responsible of the security information service (hereinafter referred to as
"the judge") and provided that the detection or documenting
the activities for which it is to be used, it was otherwise ineffective or
considerably difficult or impossible in the present case.
(2) the use of intelligence technology must not exceed the scope of the authorisation
the judge referred to in paragraph 1 and shall not interfere with the rights and freedoms of the citizens of
absolutely necessary.
(3) the security intelligence service can technically ensure the use of
Intelligence technology for the needs of other authorized organs, if the
request and shall submit the relevant permission to use news
techniques issued by a special Act. ^ 3)
(4) the security information service is entitled to ask for technical
the use of security intelligence technology for its own use and
the other, to the activities of authorized institutions. In this case, is required to
to demonstrate that the use of intelligence technology was under this Act
enabled. ^ 4)
§ 10
Permission to use intelligence technology
(1) permission to use intelligence technology issued by the judge on the basis of
a written request that contains
and kind of intelligence technology) which is to be used, the duration of its
use the basic identifying information about the person to be
Intelligence technique used, if these data are known, the number of
telephone or other similar stations, if it is to be implemented
interception or recording, and if known, the location of use
intelligence techniques; If it is to be used against intelligence technician
constitutional factors, or its use is to be made to tamper with the law
the inviolability of the dwelling, this information must be included with the request,
(b)) reasons for using intelligence techniques including justification of conditions
for its use as set out in section 9 (2). 1,
(c) information on any previous) request about the use of intelligence
techniques against the person referred to in subparagraph (a)), including information on how it was
This application has been decided.
(2) the judge of the application for authorisation of intelligence technology decides
without delay.
(3) the decision on the authorisation to use intelligence technology provides the kind of
Intelligence technology that can be used, the duration of its
use the basic identifying information about the person to be
Intelligence technique used, if these data are known, the number of
telephone or other similar stations, if it is to be implemented
interception or recording, and if known, the location of use
intelligence techniques, and justification.
(4) the use of intelligence technology can enable only the strictly necessary
period not exceeding three months.
(5) if the judge decides about enabling intelligence technology positively, will issue a
at the same time extract from this decision, which contains the bare essentials
identification data and whether its use can be tampered with to
the right of inviolability of the dwelling; the listing does not include a recital.
(6) if the judge rejects the request for permission to use news
techniques, provides justification for the decision.
(7) Against the decision to allow or reject the application for a permit to
use intelligence technology is not subject to appeal.
§ 11
Control over the use of intelligence technology
(1) a judge is entitled to require from the security information service
information to assess whether the reasons for using intelligence techniques
problem.
(2) If a judge finds that the reasons for the use of intelligence technology
passed, it shall withdraw the authorisation to use.
§ 12
The security information service, without delay, inform the judge of
their use of intelligence technology.
section 13
Devices and documents
(1) cover resources and documents are used to true
the identity of the Member or his jurisdiction to security information
service, or to the actual interests of confidentiality or Security objects
information services, if such confidentiality is necessary for the performance of the tasks
Security information service.
(2) A document shall not be the President of the Republic, Member of the licence
the Senator, a member of Parliament or Government, a member of the Supreme Audit
the Office or the Governor of the Czech National Bank and the State business license
representative or judge, the diplomatic passport or proof of living persons.
(3) if it is due to the nature of the document, it is necessary to cover the security
Information Services entitled to the extent necessary to process data in
information systems conducted by special legislation, and
by inserting, changing, or deleting data related to physical
a document, or by blocking ^ 4a) these data. The public authority
the management responsible for the management of the information system is required to provide to the
the implementation of these operations the necessary synergies.
(4) the covering documents issued and cover resources, setting up or to
their establishment gives the initiative based on the Security information service
the decision of the Director.
(5) the security intelligence service keeps records of issued and established
the documents cover and camouflage equipment.
§ 14
Monitoring
About how to use monitoring and documentation shall be decided by the Director or by a
specified by the head of the Organization Department.
§ 14a
The security intelligence service is entitled to ask for technical support
the use of tracking people and things and the bottom set and security equipment for the
own account and from the other, to the activities of authorized institutions. In
this case is required to demonstrate that the use of tracking people and things and
detection and security equipment has been permitted under this law.
The second section
Use of services by persons acting in favour of Safety information
services
§ 15
(1) the security information service is entitled to in carrying out its tasks
take advantage of the services provided to persons acting in its favour.
(2) a person acting in favour of the security information service, for
the purposes of this Act, means any person older than 18 years of age, which
voluntarily and illegitimate way provides the security information service
service in the performance of its tasks.
(3) the security information service is required to protect the person
acting in favour of the security information service, prior disclosure and
causing injury to honor the life, health or property, which could
arise for provision of the services or in connection with it.
THE HEAD OF THE THIRD
THE EVIDENCE LED BY THE SECURITY INFORMATION SERVICE
section 16 of the
(1) the security information service is permitted to store, retain and
take advantage of the natural and legal persons, if necessary
to perform the tasks in its scope.
(2) the security information service is obliged to ensure the protection of the data
contained in the registers before the disclosure, misuse, damage, loss of
and theft.
(3) the security information service, the fact of the recording of the
natural and legal persons or the content of such persons does not share.
(4) the security intelligence service the information and information systems
gather and obtain information under the cover of other purposes or other
activities.
(5) the Security information service establishes the Security Archive ^ 5)
permanent preservation of information.
THE HEAD OF THE FOURTH
COMPENSATION FOR DAMAGE
§ 17
(1) the State is obliged to replace the injury to the person who has provided assistance
Security information service, or with their national consciousness
(hereinafter referred to as "helper"). State may exempt
only if this caused injury to help the person intentionally.
(2) the State shall compensate for the damage that the assisting person was established in
connection with the provision of assistance to the security information service, or
National.
(3) the State shall replace the injury caused by another helper
the person in connection with the provision of the security information service
or national.
(4) the compensation provided in the representation of State security information
the service.
PART THE THIRD
CONTROL OF THE ACTIVITIES OF THE SECURITY INFORMATION SERVICE AND THE OBLIGATION OF
CONFIDENTIALITY
section 18
(1) control of the activities of the security intelligence service exercises
The Chamber of Deputies, which for this purpose shall be established special control
Authority (hereinafter "the supervisory authority").
(2) the inspection authority consists of seven members. A member of the supervisory body
can only be a member of the Chamber of Deputies.
(3) unless the law provides otherwise, the provisions on the conduct of the inspection
authority and the rights and obligations of its members, reasonably specific
prescription. ^ 6) Control Regulations on the control of the activities of the Security
information services under this part does not apply.
§ 19
(1) the members of the supervisory body may enter, accompanied by the Director of the
or by the designated member to object security information
the service.
(2) the Director shall submit to the inspection authority
and the status of the security information service),
(b)) draft budget of the security information service,
(c) the written task) imposed by the Government or the President of the Republic, ^ 7)
d) documents required to control the implementation of the budget of the security
information services,
(e)) the internal rules, issued under section 148, paragraph. 2.
(3) the Director shall submit to the supervisory authority, on the request of the
and) activity report security information service, ^ 7)
(b)) report on the use of intelligence resources, and only in the cases and
cases in which the security information service, its activity has already
ended,
(c)) the number of use cases, intelligence technology, which is
Security information service operates, with an indication of the individual areas
the scope of the security information service ^ 7a) and the kind of intelligence
techniques,
(d) a summary containing the information focus) and the number of cases and things,
which is the security information service operates; in the information to distinguish
cases and things under the special law. ^ 7),
(e)) the number of cases in which a request was made to grant a message
a bank or a branch of a foreign bank on matters relating to the
the client, which are subject to banking secrecy ^ 8), in which it is
Security information service operates ^ 9) indicating the individual areas
the scope of the security information service,
(f) report on the use of) requests to provide releases the Bank or branch
foreign banks on matters relating to the client, which are
the subject of bank secrecy ^ 10), and only in the cases and cases
Security information service in which your activities has already ended.
(4) the audit authority is not entitled to interfere with the powers of staff
managers, the security information service and replace their
the control activity.
section 20
(1) if the supervisory authority considers that the activity of security information
the service illegally restricts or damaging to the rights and freedoms of the citizens, is
entitled to request from the Director the necessary explanation.
(2) every violation of the law, which establishes a supervisory authority when
its activities, is required to notify the Director and the Supreme Public Prosecutor
the representatives.
section 21
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 section 20 (2). 2. The facts on which the members of the
the supervisory authority aware of them in the performance of their functions, they shall be notified to the extent
necessary to achieve the purpose of the checks provided for in this Act.
PART THE FOURTH
STAFF RATIO
section 22
cancelled
HEAD FIRST
THE EMERGENCE, CHANGE AND TERMINATION OF SERVICE
section 23
cancelled
section 24
cancelled
§ 25
cancelled
section 26
cancelled
section 27 of the
cancelled
the title launched
section 28
cancelled
section 29
cancelled
section 30
cancelled
section 31
cancelled
§ 32
cancelled
section 33
cancelled
§ 34
cancelled
section 35
cancelled
section 36
cancelled
§ 37
cancelled
the title launched
section 38
cancelled
section 39
cancelled
the title launched
section 40
cancelled
§ 41
cancelled
section 42
cancelled
§ 43
cancelled
§ 44
cancelled
section 45
cancelled
section 46
cancelled
THE HEAD OF THE SECOND
STAFF DISCIPLINE AND DISCIPLINARY JURISDICTION
section 47
cancelled
section 48
cancelled
section 49
cancelled
section 50
cancelled
the title launched
section 51
cancelled
section 52
cancelled
section 53
cancelled
§ 54
cancelled
the title launched
section 55
cancelled
section 56
cancelled
§ 57
cancelled
section 58
cancelled
section 59
cancelled
THE HEAD OF THE THIRD
THE PERIOD OF SERVICE, THE HOLIDAY AND THE STAFF THE DAY OFF
section 60
cancelled
section 61
cancelled
section 62
cancelled
section 63
cancelled
section 64
cancelled
section 65
cancelled
the title launched
section 66
cancelled
§ 67
cancelled
the title launched
section 68
cancelled
§ 69
cancelled
section 70
cancelled
section 71
cancelled
section 72
cancelled
section 73
cancelled
THE HEAD OF THE FOURTH
PARTICULARS OF MEMBERS AND COMPENSATION BUSINESS EXPENDITURE
§ 74
cancelled
§ 75
cancelled
THE HEAD OF THE FIFTH
HEALTH AND SAFETY IN THE PERFORMANCE OF SERVICES
§ 76
cancelled
§ 77
cancelled
THE HEAD OF THE SIXTH
CARE FOR MEMBERS
§ 78
cancelled
section 79
cancelled
§ 80
cancelled
§ 81
cancelled
section 82
cancelled
the title launched
section 83
cancelled
§ 84
cancelled
§ 85
cancelled
§ 86
cancelled
§ 87
cancelled
section 88
cancelled
THE HEAD OF THE SEVENTH
COMPENSATION FOR DAMAGE
The first section
Liability for damage caused to national security information
service
§ 89
cancelled
§ 90
cancelled
the title launched
§ 91
cancelled
section 92
cancelled
§ 93
cancelled
the title launched
§ 94
cancelled
section 95
cancelled
the title launched
section 96
cancelled
§ 97
cancelled
§ 98
cancelled
§ 99
cancelled
§ 100
cancelled
The second section
The responsibility of the security information service for damage caused by
National
§ 101
cancelled
the title launched
§ 102
cancelled
section 103
cancelled
section 104
cancelled
§ 105
cancelled
Section 106
cancelled
§ 107
cancelled
section 108
cancelled
section 109
cancelled
section 110
cancelled
section 111
cancelled
section 112
cancelled
the title launched
§ 113
cancelled
section 114
cancelled
section 115
cancelled
THE HEAD OF THE EIGHTH
CLAIMS RELATED TO THE TERMINATION OF SERVICE
section 116
cancelled
section 117
cancelled
§ 118
cancelled
the title launched
section 119
cancelled
§ 120
cancelled
§ 121
cancelled
§ 122
cancelled
section 123
cancelled
section 124
cancelled
Common provisions on termination of service and claims with him
related
section 124a
If the service member of the release at a time when it is against the
It conducted criminal proceedings, termination, salary compensation and allowance for
the service is up to the final completion of this proceeding.
If the criminal proceedings for the condemnation of a deliberate offence
to the nepodmíněnému sentence, it shall be deemed that his entitlement to the
severance, salary compensation and allowance for the service does not arise; in the absence of
such convictions, the payment of the salary compensation and contribution for the service
resumes and they will suffer for the period for which were due.
section 124b
Payment of the salary compensation and contribution for the service stops the first
on the day of the calendar month following the date on which the staff authority finds that it is against the
national criminal proceedings have been instituted for an offence committed in the time
the duration of his service. If it is then in the management of the national
about this crime been sentenced for an intentional crime to
nepodmíněnému imprisonment, be entitled to salary compensation and
contribution for the service on the date of cessation of payment lapses; in the absence of
such convictions, the payment of the salary compensation and contribution for the service
resumes and they will suffer for the period for which were due.
section 124 c
Who asks for release from the service, or
Member, whose service is terminated and he is entitled to
salary compensation or allowance for service, is obliged to notify within 3 days
the staff of the authority, that it is conducted criminal proceedings against him for the crime of
of an offence committed during the period of his service. If as a result of
failure to comply with the notification obligation has been paid severance package, national
salary compensation or allowance for service, is a must as follows
the amount paid back from the date when this obligation fulfilled.
THE HEAD OF THE NINTH
THE PROVISIONS ON THE MANAGEMENT OF
The first section
General provisions
section 125
cancelled
§ 126
cancelled
§ 126a
cancelled
§ 127
cancelled
§ 128
cancelled
§ 129
cancelled
section 130
cancelled
§ 131
cancelled
§ 132
cancelled
section 133
cancelled
The second section
A review of the decision of the
§ 134
cancelled
§ 135
cancelled
§ 136
cancelled
§ 137
cancelled
§ 138
cancelled
section 139
cancelled
§ 140
cancelled
THE HEAD OF THE TENTH
COMMON PROVISIONS ON THE STAFF RATIO
§ 141
cancelled
the title launched
section 142
cancelled
§ 143
cancelled
§ 144
cancelled
§ 145
cancelled
section 146
cancelled
section 146a
cancelled
PART THE FIFTH
ADDITIONS to Act No. 141/1961 Coll., on criminal COURT PROCEEDINGS (the CRIMINAL
REGULATIONS), AS AMENDED
§ 147
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of Act No. 57/1965 Coll., the Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., the CZECH NATIONAL COUNCIL Act No. 25/1993 Coll., Act No.
115/1993 Coll. and Act No. 292/1993 Coll., shall be added as follows:
In section 12, paragraph. 2, in the second sentence is replaced by the conjunction "and" with a comma at the end of
connect the words "and in proceedings for offences of members
Security information service in charge of information security
the service ".
PART SIX
ENABLING, TRANSITIONAL AND FINAL PROVISIONS
§ 148
(1) the Government shall determine, by regulation, in which cases and to what extent
It belongs to help a person in addition to the claims for damages in accordance with
labour legislation and a one-time extraordinary compensation when
increases the one-time compensation due under the employment
the laws of the survivors to help the person, and when such compensation
admit persons who were dependent on the assisting person.
(2) the Director shall determine the internal regulation conditions and method of use
the specific means of obtaining information, types and management
of the records.
section 149
The security intelligence service is training and improvement of professional
competence of drivers vehicles Safety information
services ^ 29) leads their evidence and approved the technical competence
official vehicles.
section 150
Pending the appointment of the Director carries out its obligations and claims his
the rights of the Director of the security intelligence service of the Czech Republic.
§ 151
(1) the members of the security intelligence service of the Czech Republic on the date of
the effectiveness of this Act be regarded as nationals admitted to the staff regulations
under this Act, (hereinafter referred to as the "former Member"), not more than
However, within 15 days from the date of this efficiency. During this time they are retained and
the last position, rank and salary.
(2) members may not later than five days from the entry into
the effectiveness of this law to deliver to the Director a written statement that the adoption of the
Member of the staff shall not seek (hereinafter referred to as "the communication").
Time limit cannot be waived. Their service will end on the date on which the
the communication was delivered, but not later than the last day of the period referred to in
sentence first.
(3) in the case of existing members who will not deliver the communication or deliver
belatedly, it is considered that the requested admission to the service
a (hereinafter referred to as "the applicant"). For this application, the Director shall promptly
shall decide, no later than the end of the period laid down in paragraph 1.
(4) applicants who are not admitted to the service member,
only financial compensation in the amount of the last gross monthly
salary, payable no later than 60 days from the date of entry into force of this
the law.
(5) The procedure laid down in the preceding paragraphs shall not apply the provisions of
This Act of the proceedings.
§ 152
(1) if the legislation speaks about the Federal Security
information services and security information services of the Czech Republic,
This means the security information service.
(2) on the security information service, all rights and
duties of the security intelligence service of the Czech Republic.
§ 153
The staff in the employment relationship, who were on the date of effectiveness of this
the Act in the proportion to the Czech Security information service
Republic, shall become effective on the date this law employees
Security information service in the positions corresponding to their
previous classification.
section 153a
Transitional provisions for the adjustment effective from the 1. January 1996
The amount of the allowance to which are entitled after 31 December 2006. December 1995, shall be
less than the amount of the contribution, which would be due if the post was
granted in accordance with the provisions in force on 31 December 1996. December 1995, including the
the increase, which would have belonged to this post only to this day.
§ 154
Act of the Czech National Council no 527/1992 Coll., on Security
the information service of the Czech Republic, as amended by Act No. 316/1993 Coll.
§ 155
This law shall enter into force on 30 April 2005. July 1994.
Uhde in r.
Havel in r.
in the Lux v. r..
Selected provisions of the novel
section 29 of Act No. 21/2006 Sb.
Transitional provisions
(1) in proceedings for the release of a security information service of
the service initiated before the entry into force of this Act
the reasons for the dismissal shall be assessed in accordance with the existing legislation.
(2) Claims related to the termination of service of a
Security information service incurred prior to the effect of this law is
be governed by the existing law.
1) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic.
2) § 13 and 14 of Act No. 140/1961 Coll., the criminal code, as amended
(the full text of no 65/1994 Coll.).
3) of section 9 and 10 of law no 289/2005 Coll. on Military Intelligence.
4) section 53 of the Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
Act No. 265/2001 Coll.
4A) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
4A) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
5) section 80 (2). 3 of law no 499/2004 Coll. on Archives and archival service
and on amendment to certain laws.
6) law of the CZECH NATIONAL COUNCIL No. 35/1989 Coll., on the Czech National Council's rules of procedure, in
as amended.
7) § 5 et seq.. Act No. 153/1994 Coll.
7A) § 5 (3). 1 of law No 153/1994 Coll.
8) section 97 of the Act No. 127/2005 Coll., on electronic communications and
some related laws (Act on electronic communications)
as amended by law no 290/2005 Coll., Act No. 177/2008 Coll., Act No.
247/2008 Coll., Act No. 153/2010 Coll., the finding of the Constitutional Court
declared under no 94/2011 Coll. and Act No. 273/2012 Sb.
9) § 5 (3). 1 of law No 153/1994 Coll.
section 72, paragraph 10). 1 (a). ) and section 72, paragraph. 2 of law No 358/1992 Coll., on the
notaries public and their activities (notarial regulations), as amended
regulations.
29) Federal Ministry of transport Decree No 55/1991 Coll., on training
and improvement of the professional competence of drivers of road motor
vehicles.
