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The Amendment Of The Law On Information Systems And Change The Related Laws

Original Language Title: změna zákona o informačních systémech a změna souvisejících zákonů

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269/2007 Sb.



LAW



of 26 March. September 2007,



amending Act No. 365/2000 Coll., on public information systems

management and amending certain other acts, as amended

regulations, and other related laws



Change: 89/2012 Coll. 256/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment to the law on public administration information systems



Article. (I)



Act No. 365/2000 Coll., on public administration and information systems of the

changes to some other related laws, as amended by Act No.

517/2002 Coll., Act No. 413/2005 Coll., Act No. 444/2005 Coll., Act No.

70/2006 Coll., Act No. 81/2006 Coll. and Act No. 110/2007 Coll., amended

as follows:



1. In section 8, paragraph 1 shall be deleted.



Paragraphs 2 to 4 shall be renumbered as paragraphs 1 to 3.



2. In article 9, paragraph 2, including the footnote No 14 is deleted.



Paragraphs 3 to 5 shall be renumbered as paragraphs 2 to 4.



3. In article 9, paragraph 2:



"(2) lays down special legal regulation, the statement referred to in paragraph 1

(hereinafter referred to as the "listing") or a confirmation of the fact that the indication in the information

the system of public administration is not in electronic form that are marked

^ an 11b) Manager (hereinafter referred to as "the output from the information

the system of public administration ""), and certified outputs from the information

systems of public administration at the request of the issuing



and) notaries,



(b)), the regional offices,



c) registry offices,



(d)), municipal authorities, authorities of the districts or districts territorially

broken down statutory cities and boroughs of the city authorities

Prague, the list provides detailed legal prescription,



e) embassies laid down in the implementing regulation,



(f) postal licence holder) ^ 15) and the Economic Chamber of the Czech Republic. ".



4. In section 9 (2). 3 the words "and the literal compliance with the output from the

information system of public administration has been verified "are deleted.



5. In article 9 paragraph 4 is added:



"(4) a listing in paper form and the certified output referred to in paragraph 3 are

public documents. ".



6. In section 9a, paragraph. 1 introductory part of the provision, the words "the Charter of that"

shall be replaced by the word "Charter" and the words ", literally the same as the content of

the output of public administration information system "shall be deleted.



7. In section 9a, paragraph. 1 (a). (f)) for the part of the text, including the semicolon by semicolon

repealed.



8. In section 9b paragraph. 2 the words "signed by an advanced electronic signature

administrator or an authorized person "shall be deleted and the words" this is guaranteed

an electronic signature or electronic marker are valid and their

qualified certificate a qualified certificate, or have not been

invalidated so that "shall be replaced by" this email is a valid tag and its

qualified system certificate has not been invalidated ".



9. In section 9b paragraph. 4 (d)):



"(d) a qualified system certificate number) on which it is based

electronic tag, which is the output of the public information system

the Administration indicated, for that unique of an accredited provider

certification services, and the business name of the accredited provider

certification services that this qualified certificate

released. ".



10. In section 9b, paragraph 5 shall be deleted.



11. In section 9 c of paragraph 1. 1, the words ", and it signed an advanced electronic

the signature of the authorized person or marked an ^ 11b) and "

shall be deleted.



12. In section 9 c to the end of the text of paragraph 1, the words ", and denoted

^ an 11b) ".



13. In section 9 c of paragraph 1. 3 the words "data for creating the guaranteed

the electronic signature of an authorized person or Manager "shall be deleted.



14. In section 9 d of paragraph 1. 1, the words "one sheet" shall be replaced by the words "one

the page ".



15. In section 9 d paragraph 2 is added:



"(2) the administrative fee for the issuance of a certified output issued by the authenticating

pursuant to section 9 (2). 2 (a). (b) to (e))) provides for a separate legal regulation ^ 16). ".



Footnote No. 10 shall be deleted.



16. In section 9 d paragraph 3 reads:



"(3) an authenticating under section 9 (2). 2 (a). (f)) for the issue of certified may

output request a fee, whose amount shall not exceed the rate of the administrative

the fee referred to in paragraph 2. ".



17. In section 12 of the letter j) is added:



"j) list of municipal authorities, municipal authorities, parts or districts

broken down territorial statutory cities and boroughs of the authorities

the city of Prague under section 9 (2). 2 (a). (d)). "



and the letter k) is repealed.



18. In section 12 of the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the Ministry in agreement with the Ministry of Foreign Affairs will issue a

Ordinance for the implementation of § 9 (2). 2 (a). e).".



19. In the first section 12 the following new section 12a is inserted:



"§ 12a



The scope of this Act provided for the regional authority, the registry office and the

the municipal authority, the Office of the city or borough planning

Chartered city and the Office of the District of the capital city of Prague

are the performance of delegated competence. ".



Article. (II)



Cancellation provisions



Shall be repealed:



1. Decree No. 550/2006 Coll., laying down a list of other municipal

authorities issued a certified outputs from the information systems of the public

Administration.



2. Decree No 441/2006 Coll., on details of the verification stamp

the holder of the postal licence and a validation stamp of the Economic Chamber

Czech Republic (Decree on the terms of the validation stamp).



PART THE SECOND



Amendment of the Act on administrative fees



Article. (III)



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll., Act No.

361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

138/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll. and Act No. 106/2007 Coll., is hereby amended as follows:



1. item 3 of part I of the annex to the scale of the letter d) is added:

"(d) the output of an authenticated) release information

public administration system $ 100

for the first page

CZK 50

for each further initiated the page ".



2. In item 3 of part I of the annex to the application for Exemption provisions

the following new provisions including a title:



"Empowerment



The administrative authority may reduce the fee for the issue of certified of the output from the

information system of public administration by up to 90% of the amount referred to in subparagraph (d))

This item. ".



PART THE THIRD



cancelled



Article. (IV)



cancelled



PART THE FOURTH



cancelled



Article. In



cancelled



PART THE FIFTH



Amendment to the Trade Licensing Act



Article. (VI)



In section 60 of the Act No 455/1991 Coll., on trades (trade licensing

the law), as amended by Act No. 356/1999 Coll., Act No. 167/2004 Coll., Act

No 257/2004 Coll. and Act No. 214/2006 Coll., on the end of paragraph 7,

following the sentence, including footnotes, no 38d "in the range according to the sentence

the first of the register shall issue certified outputs from the information system

public administration under a special legal regulation, ^ 38d) ".



Footnote No 38d:



"38d) Act No. 365/2000 Coll., on public administration and information systems

amending certain other acts, as amended. ".



Footnote No 38d is renumbered as footnote

No 38e, including references to footnotes.



PART SIX



Amendment of the Act on criminal records



Article. (VII)



Act No. 273/1994 Coll., on criminal records, as amended by Act No. 126/2003

Coll., Act No. 253/2006 Coll. and Act No 342/2006 Coll., is hereby amended as follows:



1. Footnote 1a is added:



"1a) Law No 499/2004 Coll. on Archives and the archival service and amending

certain acts, as amended. ".



2. In section 10, paragraph 1. 4, after the word "allow", the words "at the headquarters of

Criminal records ".



3. In section 10, paragraph 1. 4, the second sentence shall be deleted.



4. In section 11 (1). 2 (a)) shall be deleted.



Letters b) to (d)) shall become letters and) to (c)).



5. In section 11 (1). 3 the words "), (b)) and (c)) shall be replaced by the words") and (b)) ".



6. in section 11, the following new sections 11a and 11b, which including notes below

line no. 4a, 5 and 5a are added:



"§ 11a



(1) If a written request for a statement under section 11 (2). 1 submitted to the notary public,

the regional office, the municipal office, registry office or representative

the Office, which are authorized by a special Act ^ 4a) to release

certified output of public administration information system (hereinafter referred to as

"the competent authority"), the person who made the request, receives the listing while you wait,

If the express request of the processing of the application procedure under section 11 or

unless otherwise specified.



(2) the designated authority shall, after receipt of the statement shall verify, in addition to the fact

referred to in section 11 (1). 2 also the accuracy of the particulars given in the officially

certified power of Attorney, if the request of the agent or lawyer concerned

persons, and the fact that he was paid a fee for receipt of the

statement referred to in section 14.



(3) After verification of the facts referred to in paragraph 2 shall forward to the competent authority

Criminal record request for listing in electronic form, signed

advanced electronic signature or the electronic tag

under special legislation ^ 5). In the same way he shall send

Criminal record statement bearing the electronic signature ^ 5) without delay after the

the delivery of the application; This shall not apply if it is necessary for the purposes of the listing

also check the identity of the applicant, in particular by comparing the data in the application for

a listing with the information in the register of the population. About such facts

Criminal record shall without delay inform the competent authority, that his application

posted by, and indicate the expected date of release of the statement.



(4) the competent authority shall issue a statement in paper form to the person who filed the request of the

about the listing, without delay after receipt thereof from the criminal record. If it is for

the purpose of issuing the statement necessary to examine the applicant's identity by

paragraph 3, the competent authority shall notify the person who filed the request of the

on the listing, and the expected date of release of the statement he

be notified when you can pick up a listing for it.




(5) details of the procedure for issuing the statement authorized by the authority shall lay down the

By a decree of the Ministry of Justice.



section 11b



(1) the register of records kept in accordance with specific legal

^ regulations 5a) applications for listing filed pursuant to section 11, including officially certified

full powers are attached to the applications, for a period of six years from the submission of the

the application, in paper or electronic form.



(2) the competent authority shall keep, in accordance with specific legal

^ regulations 5a) a written request for a statement filed under section 11a, including officially

certified full powers attached to applications, for a period of six years from the

submission of the application, in paper or electronic form.



(3) the designated authority shall keep a register of applications for listing pursuant to § 11a

and in paper or electronic form. In the record shall be a record

date and time of submission of the statement and, if the application is made by an agent

or a lawyer, it is also recorded that is attached to the request officially

certified power of attorney. Further, indicating who the listing requested and who accepted the listing.



4A) of section 9 (2). 2 Act No. 365/2000 Coll., on information systems

public administration and on the amendment to certain acts, as amended

regulations.



5) Act No 227/2000 Coll., on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.



Regulation of the Government No. 495/2004 Coll., implementing Act No 227/2000

Coll. on electronic signature and on amendments to certain other laws (law

on electronic signature), as amended.



5A) Law No 499/2004 Coll. on Archives and the archival service and amending

certain acts, as amended.



Law No. 101/2000 Coll., on protection of personal data and on amendments to certain

laws, as amended. ".



The existing text of footnote 5 is deleted.



7. In article 14, after the words "§ 11 (1). 1 "the words" and § 11a paragraph. 1. "



8. In section 15(2). 3, after the words "pursuant to section 10, 11, 11a is inserted the word" the ".



9. In section 16, the word "statement", the words "to issue the statement and

copy ".



PART SEVEN



Amendment of the Act on State social support



Article. (VIII)



Act No. 117/1995 Coll., on State social assistance, as amended by Act No.

137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.

91/1998 Coll., Act No. 158/1998 Coll., Act No. 360/1999 Coll., Act No.

118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.

492/2000 Coll., Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.

309/2002 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll., Act No.

362/2003 Coll., Act No. 424/2003 Coll., Act No. 438/2003 Coll., Act No.

453/2003 Coll., Act No. 53/2004 Coll., Act No. 235/2004 Coll., Act No.

315/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

124/2005 Coll., Act No. 168/2005 Coll., Act No. 204/2005 Coll., Act No.

218/2005 Coll., Act No. 377/2005 Coll., Act No. 381/2005 Coll., Act No.

552/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

113/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., Act No. 214/2006 Coll., Act No. 267/2006 Coll., Act No.

585/2006 Coll. and Act No. 213/2007 Coll., is hereby amended as follows:



1. In section 63, paragraph. 3, the second sentence is inserted after the third sentence, which

including a footnote No. 19a: "the Ministry of labour and social

things further from this information system provides in electronic form

in a way that allows remote access to criminal record information necessary

for the verification of the identity of the person, which, according to a special legal

^ Regulation 19a) asks in electronic form for the issue of the statement or the

access to a copy of the criminal record.



19a) § 16a of Act No. 269/1994 Coll., on criminal records, as amended by

amended. ".



The existing footnote No. 19a to 19f are renumbered as notes

footnote No. 19b up to 19 g, including references to footnotes.



2. In section 64a, paragraph. 2 the words "the third sentence shall be replaced by the phrase" fourth ".



PART EIGHT



The EFFECTIVENESS of the



Article. (IX)



This law shall enter into force on 1 January 2005. January 1, 2008.



Vaidya in the r.



Klaus r.



Topolanek in r.