273/2012 Sb.
LAW
of 18 July 2003. July 2012,
amending the Act No. 127/2005 Coll., on electronic communications and
changes to some related laws (Act on electronic
communications), as amended, and some other laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on electronic communications
Article. (I)
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. 361/2005 Coll., Act No.
186/2006 Coll., Act No. 235/2006 Coll., Act No. 310/2006 Coll., Act No.
110/2007 Coll., the Act No. 261/2007 Coll., Act No. 304/2007 Coll., Act No.
124/2008 Coll., Act No. 177/2008 Coll., Act No. 189/2008 Coll., Act No.
247/2008 Coll., Act No. 384/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 153/2010 Coll., the finding of the Constitutional Court
declared under no 94/2011 Coll., Act No. 137/2011 Coll., Act No.
341/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act No.
457/2011 Coll., Act No. 458/2011 Coll., Act No. 468/2011 Coll., Act No.
18/2012 Coll., Act No. 19/2012 Coll. and Act No. 142/2012 Coll., amended
as follows:
1. In article 88, paragraph. 1 (b)) shall be deleted.
The present subparagraph (c)) to e) shall become letters (b)) to (d)).
2. In article 88, paragraph. 1 (a). (b)), the words "referred to in letters a and b))" shall be replaced by
the words "referred to in subparagraph (a))".
3. In article 88, paragraph. 2 and 3, the words "in paragraph 1 (b). (c)) "shall be replaced by
"in paragraph 1 (b). (b)) ".
4. under section 88, the following new section 88a, which reads as follows:
"section 88a
(1) legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to ensure that the traffic and location data that is maintained under section
paragraph 97. 3 have the same quality and subject to the same security and
protection against unauthorized access, alteration, destruction, loss or
theft or other unauthorized processing or use, such as data
under section 88; This is without prejudice to the obligations laid down specific legal
^ Regulation 34).
(2) the legal or natural person providing a public communications network
or providing publicly available electronic communications service is
required to process to ensure the protection of the data referred to in paragraph 1, the internal
technical-organizational regulation; ensure data protection with regard to the
the existing technical options and costs required to ensure the protection of
at the level of the corresponding existing risk protection. For
data protection in accordance with this provision, article 88, paragraph. 2 to 7
shall apply mutatis mutandis. ";"
5. In section 91, paragraph. 4, the words "within the meaning of section, paragraph 88. 1 (a). (c)) "shall be replaced
the words "within the meaning of section, paragraph 88. 1 (a). (b)) ".
6. In article 97, paragraph 3, including the footnotes No. 59 to 61:
"(3) the legal or natural person providing a public communications network
or providing publicly available electronic communications service is
obliged to keep for a period of 6 months, traffic and location data, which
they are generated or processed, in the provision of its public
communication networks and in the poskytovávání of its publicly available services
electronic communications ^ 37b). Traffic and location data on
with the unsuccessful attempts to call is a legal or natural person
providing a public communications network or publicly available
electronic communications service shall keep only if they are
These data created or processed and stored or
recorded. At the same time, this legal or natural person shall be obliged to
ensure that in the performance of the duties referred to in the first sentence and the second was
kept the contents of the reports and thus retained on passes. Legal or
a natural person, that the traffic and location data is kept on
the request shall, without delay, provide the
and prosecuting authorities) in criminal proceedings for the purposes of and subject to the conditions
laid down by a special legal regulation ^ 59),
(b)) for the purposes of the police of the Czech Republic launched a search for a specific
search or missing person, establishing the identity of persons unknown
the identity or the identity of the corpses found, prevention or
the detection of specific threats in the area of terrorism or screening
protected persons and in compliance with the conditions laid down by specific legal
Regulation ^ 60),
(c)) for the purposes of the security information service and the fulfilment of the conditions
laid down by a special legal regulation ^ 37),
(d)) for the purposes of Military Intelligence and in compliance with the conditions
laid down by a special legal regulation ^ 37a)
(e)) of the Czech National Bank for the purposes of and subject to the conditions laid down
a special law ^ 61). After the expiry of the period referred to in the first sentence is
legal or natural person, traffic and location data
stores, obliged to dispose of them, if you have not been provided to the authorities of the
authorized use under special legislation or
If this law provides otherwise (art. 90).
59) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
60) Law No 273/2008 Coll., on the police of the Czech Republic, as amended by
amended.
Act 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.
61) Law No. 15/1998 Coll., on surveillance in the capital market and on the
changing and supplementing other acts, as amended. ".
7. § 97 paragraph 4 is added:
"(4) Operational and localisation data referred to in paragraph 3 are particularly
information leading to trace and identify the source and addressee of communication and
further information to identify the date, time, and duration of
communication. The range of traffic and location data stored in accordance with
paragraph 3, the form and the manner of their transmission to the authorities entitled to
use under special legislation and the way their liquidation
lays down detailed implementing legislation. ".
8. In § 118 paragraph. 14 (c)):
"(c)) in violation of § 97 paragraph. 3 does not retain traffic and location data,
does not pass, it is the competent authority, after the expiry of the retention period is
destroy or ensure that it is not kept the content of messages or
further, thus retained transferred ".
9. In § 118 paragraph 14, insert a new paragraph 15, which read:
(15) an entrepreneur providing a public communications network or provides
publicly available electronic communications service further committed
the administrative tort by fails to fulfil any of the obligations in the security
data protection under section 88a paragraph. 1 or 2. ".
Paragraphs 15 to 21 shall be renumbered as paragraphs 16 to 22.
10. In § 118 paragraph. 22 (a). (b)), the words "or (b), paragraph 14. (j))
from) "shall be replaced by the words" paragraphs (a), 14. (j)) and paragraph 15 of) or ".
11. In § 118 paragraph. 22 (a). (c)), the words "paragraphs 15, 16, 17, 18, 19
or 20 ' shall be replaced by "paragraphs 16, 17, 18, 19, 20 or 21".
PART THE SECOND
Amendment to the criminal procedure code
Article. (II)
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., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
the Court declared under no. 214/1994 Coll., the finding of the Constitutional Court
declared under the No. 8/1995 Coll., the Act No. 152/1995 Coll., Act No.
150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.
166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.
30/2000 Coll., Act No. 227/2000 Coll., the finding of the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
the finding of the Constitutional Court declared under no 424/2001 Coll., Act No.
200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.
257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.
587/2004 Coll., the finding of the Constitutional Court declared under the No 45/2005 Coll.
the finding of the Constitutional Court declared under no 239/2005 Coll., Act No.
394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.
112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.
165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.
170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award
The Constitutional Court declared under no 90/2008 Coll., Act No. 121/2008 Coll.,
Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.,
Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.,
Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Sb.
Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Sb.
Act No. 272/2009 Coll., Act No. 306/2009 Coll., the finding of the Constitutional Court
declared under the No 163/2010 Coll., Act No. 197/2010 Coll., the award
The Constitutional Court declared under no 219/2010 Coll., Act No. 150/2011
Coll., Act No. 181/2011 Coll., Act No. 207/2011 Coll., Act No. 330/2011
Coll., Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 357/2011
Coll., Act No. 459/2011 Coll. and the finding of the Constitutional Court declared under no.
43/2012 Coll., is hereby amended as follows:
1. section 88a:
"section 88a
(1) if it is necessary for the purposes of criminal proceedings instituted for an intentional crime
the Act, for which the law provides for a penalty of imprisonment with a maximum
criminal rates of at least three years for the crime of violation of secrets
messages being transported (section 182 of the Criminal Code), for the crime of fraud
(article 209 of the Criminal Code), for the offence of unauthorized access to the
the computer system and the medium of information (section 230 of the Criminal Code), for
crime measures and possession of device to access and passwords
the computer system, and other such data (section 231 of the Criminal Code),
for the crime of malicious threats (Article 353 of the Penal Code),
for the crime of malicious persecution (section 354 of the Penal Code),
for the crime of spreading alarm messages (section 357 of the Criminal Code), for
the offence of incitement to a criminal offence (section 364 of the Criminal Code),
for the crime of condoning a crime (section 365 of the Criminal Code),
or for an intentional offence for which prosecution is committed to the renowned
the international treaty, which the Czech Republic is bound to find out information about
telecommunications operations, which are the subject of the telecommunications
the secret, or which are covered by the protection of personal and intermediary
data and reference purpose cannot be achieved otherwise or where it would otherwise
achieve substantially aggravated, in the proceedings before the Court shall order their
the issue of the Court of the President of the Senate, and in preparatory proceedings shall order their release
the Prosecutor or the police authority of the judge on the proposal of the State
representative. Command to determine the data on telecommunications traffic must be
issued in writing and substantiated, including a specific reference to the renowned
International Treaty in the event that the criminal proceedings for the offence leads
the Act, whose prosecution of this international agreement commits. If the
the application to a particular user, the command must be given its
the identity, if known.
(2) the public prosecutor or police authority, whose decision was
been completed, and in the proceedings before the Court the President of the Chamber of the Court of
the first instance after the final completion of the case shall inform the nařízeném
collection of data on telecommunications traffic person the user referred to in
paragraph 1, if it is known. The information contains the designation of the Court which
issued the findings of data on telecommunications traffic, and the indication of the
period to which this command concerned. Part of the information is the lesson of
the right to submit, within six months from the date of delivery of this information
The Supreme Court review of the legality of the command to determine the
data on telecommunications traffic. The President of the Senate shall report to the Court information
of first instance shall, without delay after the final end of things, the State
the representative, whose decision was final, shall
the information shall, without delay after the expiry of the deadline for a review of the decision of the
the Attorney General under section 174a and police authority, whose
the decision was final, shall submit the information immediately after the
the deadline for review of the decision of the public prosecutor in accordance with
§ 174, paragraph. 2 (a). (e)).
(3) the information referred to in paragraph 2, the President of the Senate, State representative or the
the absence of the police authority in proceedings relating to the crime for which the law provides for punishment
deprivation of liberty with a maximum penalties of at least eight years, committed
organised by the group, in proceedings concerning an offence committed for the benefit of
organized criminal group in the offence of participation in
organized criminal group (Section 361 of the Criminal Code), or if the
the offence involved more people and in respect of at least the
one of them was not criminal proceedings have so far been completed, or
If it is against the person to whom the information is to be communicated, guided by the criminal
control, or if the provision of such information could be thwarted by the
the purpose of this or any other criminal proceedings, or might lead to
threat to State security, life, health, rights or freedoms of the people.
(4) the statement referred to in paragraph 1 need not be, if to provide information can be
the consent of the user of telecommunications equipment, to which you want the data on
keeping telecommunications traffic. ".
2. in title twentieth in the heading section of the seventh, the words "and
command to determine the data on telecommunications traffic ".
3. In section 314l the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) on the proposal of the persons referred to in section 88a paragraph. 2 the Supreme Court in a private
the meeting will examine the legality of the order for finding information about
telecommunications traffic. ".
4. In section 314m paragraph. 1, after the word "operation", the words "or the command to
finding data on telecommunications traffic ".
5. In section paragraph 314n. 1, after the words "section, paragraph 88. 1 ", the words" or
command to determine the data on telecommunications traffic was issued and its
the implementation was in accordance with the terms of section 88a paragraph. 1. "
PART THE THIRD
Amendment of the Act on the security information service
Article. (III)
In Act No. 154/1994 Coll., on the security information service, as amended by
Act No. 160/1995 Coll., Act No. 155/2000 Coll., Act No. 309/2002 Coll.
Act No. 362/2003 Coll., Act No. 53/2004 Coll., Act No. 436/2004 Coll.
Law No. 499/2004 Coll., Act No. 290/2005 Coll., Act No. 21/2006 Coll.
Law No 267/2006 Coll. and Act No. 274/2008 Coll., section 8a, including notes
footnote No 8:
"§ 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).
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. ".
PART THE FOURTH
The amendment to the law on supervision in the field of capital market
Article. (IV)
In section 8 (2). 1 of law No. 15/1998 Coll., on surveillance in the capital
market and amending and supplementing other acts, as amended by Act No. 230/2008
Coll., Act No. 230/2009 Coll. and Act No. 160/2010 Coll., letter d) including
footnote No. 35:
"(d)) require from legal or natural persons providing public
communications network or publicly available service
electronic communications the provision of traffic and location data
under special legislation ^ 35), after prior written
the authorization of the President of the Senate of the Supreme Court of the seat of the Czech
the National Bank, where it can be reasonably assumed that the data provided
may contribute to the clarification of facts important for the detection of the administrative
tort in business or trading on the capital market, according to the
the law governing the capital market business, including its
the offender, and if you cannot reference the purpose achieved, or only with the
through inadequate efforts,
35) section 97 of the Act No. 127/2005 Coll., on electronic communications and
changes to some related laws (Act on electronic
communications), as amended by Act 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. ".
PART THE FIFTH
The amendment to the law on Military news
Article. In
In section 9 of law no 289/2005 Coll. on Military Intelligence, section 5
including footnotes, No 18:
"(5) military intelligence is authorized, to the extent necessary for the performance of
a specific task require legal or natural persons providing
providing a public communications network or publicly available service
electronic communications
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 ^ 18).
18) section 97 of the Act No. 127/2005 Coll., on electronic communications and
changes to some related laws (Act on electronic
communications), as amended by Act 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. ".
PART SIX
The EFFECTIVENESS of the
Article. (VI)
This law shall enter into force on 1 January 2005. October 2012.
Němcová in r.
Klaus r.
Nečas in r.
