On Archives And Records Service And Amending Certain Laws

Original Language Title: o archivnictví a spisové službě a o změně některých zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58364&nr=499~2F2004~20Sb.&ft=txt

499/2004 Coll.


LAW
Dated June 30, 2004

On Archives and Records Service and amending certain laws

Change: 413/2005 Coll., 444/2005 Coll.

Change: 112/2006 Coll.

Change: 181/2007 Coll.

Change: 296/2007 Coll.

Change: 32/2008 Coll.

Change: 190/2009 Coll.

Change: 227/2009 Coll.

Change: 424/2010 Coll.

Change: 167/2012 Coll.

Change: 89/2012 Coll., 303/2013 Coll.

Change: 56/2014 Coll.

Change: 250/2014 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Archives and Records Service
TITLE
I
PRELIMINARY PROVISIONS


§ 1
Subject Matter


This law regulates

A) the selection and archival records,

B) protection of archival records

C) the rights and obligations of owners of archival records

D) the rights and obligations of holders and managers of archival documents (hereinafter "the holder of archival records
")

E) the use of archival records

F) the processing of personal data for archival purposes,

G) the system archives

H) the rights and obligations of the founders archives

I) filing service,

J) the competence of the Ministry of the Interior (the "Ministry")
and other administrative authorities in the field of archives and performance of records service

K) administrative offenses.

§ 2


Definitions
For the purposes of this Act

A) Archival field of human activity focused on the care of archival
as part of the national cultural heritage and fulfilling administrative functions,
informational, scientific and cultural

B) care for their archival selection, registration, protection, archival
processing, storage and disclosure

C) archive facility under this Act, which is used to store archival records
and care for them,

D) the originator of each of the activity document is created;
as a document resulting from the activities of the originator shall be considered a document that was delivered
originators or otherwise forwarded,

E) any written document, image, sound or other
recorded information, whether analog or digital form, which was created
originator or originators was delivered

F) such archival document, which was due to the time of creation,
content, origin, external features and permanent value of the policy,
economic, legal, historical, cultural, scientific or information significance
selected in the public interest for permanent preservation and
was taken into archival records; archival records are seals, stamps and other tangible items
related archival fund or collection of archival
which were due to the time of creation, content, origin, external
signs and permanent value of the political, economic, legal ,
historical, cultural, scientific or information significance
selected and taken into evidence,

G) The selection of archival value assessment documents and decisions about their
recess for archival and inclusion in the register of archival records

H) archival file archival fund, which was created from documents
generated from operations originator

I) archival file archival collection of interconnected
one or several common features

J) finding aids information system that is created when
archival processing and serves for registration and orientation in content and time span
Archival Fund archive collections or parts thereof

K) archival processing of sorting, organizing and description of archival records

L) performance file services ensure professional management of documents resulting from the activities
originator or the activities of its legal predecessors, including
their proper reception, registration, distribution, circulation,
handling, preparation, signing, sending, storing and discarding
within the appraisal process, including the inspection of these activities

M) twit place designated for storage, retrieval and presentation
document for the originator and implementation of the appraisal process,

N) administrative archive component agent intended for supervision on filing
service agent and the storage, retrieval and presentation documents
retention period longer than 5 years

O) meta data describing the context, content and structure of documents and their management
over time

P) with the file number of internal regulations setting out the basic rules for
document handling and retention management,


Q) nomenclatural sign designation, which classifies documents into classes
for their future retrieval, storage and decommissioning,

R) appraisal designation sign the document, according to which the document
assessed in the appraisal process,

S) retention period time during which the document must be deposited with the originator

T) a person employed in the service of employment or other similar relationship
.
TITLE II

Archival

Part 1


Selection of archival records and their
The selection of archival


§ 3

(1) The obligation to preserve documents and allow the selection of archival documents have

A) government departments

B) the armed forces

C) security forces,

D) governmental organization,

E) state enterprises

F) local governments,

G) organizational units of local government units, created when
documents listed in Annexes no. 1 or 2 to this Act,

H) legal entities established or founded by local authorities, creating
If the documents specified in Annexes no. 1 or 2 to this Act,

I) high school

J) schools and school facilities with the exception of nursery schools, educational and
accommodation facilities and school catering facilities (hereinafter "school")

A) health insurance,

L) public research institutions

M) legal entities established by law,

(Hereinafter referred to as "public agents").

(2) The obligation to retain documents and facilitate the selection of archival records
have the conditions laid down in this Act also

A) commercial companies and cooperatives, with the exception of housing cooperatives as
regards the documents listed in Annex no. 1 hereto,

B) political parties, political movements, associations, trade unions, employers' organizations
, churches and religious societies, professional
chambers, foundations, endowment funds, charitable institutions and companies

C) notaries, as regards the documents listed in Annex no. 1 to this
law,

(Hereinafter referred to as "private originators').

(3) The obligation to preserve documents and allow the selection of archival records
have further legal successors of public and private agents, in the case of
documents to which he had already obliged to these agents.

(4) The obligation to retain documents and facilitate the selection of archival records
are also entrepreneurs who have been granted the state permission to operate a trade
leadership Officer (hereinafter referred to as "concessions to keeping"), in the case of || | documents to which they have this obligation public originators
private originators or their successors have been
public agents, private inventors or their successors
these entrepreneurs passed to ensure professional management.

(5) In the case of documents in digital form by storage means well
guarantee authenticity of origin documents
inviolability of their content and readability, design and metadata management
belonging to those documents in accordance with this Act and connecting
data demonstrating the existence of a document at a time. These characteristics must be retained until
making a selection of archival materials.

(6) The selection of archival archive done according to their jurisdiction (hereinafter
"competent archives").

§ 4

The selection criterion is permanent archival value document relative to

A) the time of the occurrence,

B) content

C) origin

D) external signs.

§ 5

(1) According to the time of origin of the relevant archive for archival choose

A) documents made until 1850

B) documents in the fields of industrial and agricultural production, the credit system and
insurance, financial and mining business, including patents on important inventions
incurred in 1900

C) photographic records arising before 1900,

D) sound recordings incurred in 1930,

E) film footage incurred in 1930.

(2) According to the content for archival relevant archive collected
documents that have lasting value given their political,
economic, legal, historical, cultural, scientific or information
significance; the choice must always be submitted documents
listed in Annex no. 2 to this Act.

(3) The origin for archival relevant archive collected
documents that have lasting value, given the importance, function or
status of the originator.


(4) According to external signs for archival relevant archive collected
documents that have lasting value due to their artistic value
, language, script, writing substance, method of execution, possibly for other similar
properties.

§ 6

Selection of archival documents from the originators by a competent archive in
appraisal proceedings or outside the shredding process.

Selection of archival records within the appraisal process

§ 7

(1) Selection of archival records within the appraisal process carried out by competent archives from public documents
originator of the documents of his predecessor
and private documents originator if it is to set up a private archive.

(2) Selection of archival records within the appraisal process carried out by competent archive of documents
private originator, if requested by a private
originator.

(3) Shredding procedure is a procedure in which the discarded documents, which passed
retention periods and that are no longer needed for the activity
originator.

(4) For the proper performance appraisal process corresponds to the author or his legal successor,
. These entities are obliged to allow competent archives
supervision of the appraisal process and selection of archival records within the appraisal
management.

§ 8

(1) Shredding procedure is performed in the calendar year following the expiration of the retention period
document. Shredding process may be in agreement with the relevant archive
done later if the body specified in § 7
paragraph. 4 documents needed to further their own business.

(2) Shredding procedure is performed based on the appraisal of the proposal.
Shredding proposal sends the entity referred to in § 7 para. 4
relevant archives to assess and make a selection of archival materials.

(3) Shredding procedure is also always performed before the termination of public
originator. If this is not possible the selection of archival documents outside the discarding
management.

§ 9

(1) Discarding a draft drawn entity referred to in § 7 para. 4 contains


A) the designation of an entity referred to in § 7 para. 4

B) a list of documents designed to skartačnímu management and for their
origin; if the selection of archival records within the appraisal process also included
documents arising from the activities of the originator, which is the processor
shredding draft legal successor, bring the following documents with the name of the originator
listed separately.

(2) The implementing regulation lays down the details of the appraisal process and
procedure for discarding documents.

§ 10

(1) Based on the appraisal process competent archives will determine to whose care
will be selected as archival documents belong, and draw up a protocol on
conducted the appraisal process.

(2) The report referred to in paragraph 1 includes

A) a list of documents or sets of documents, which were selected for
archival records

B) identification of the archives designated pursuant to paragraph 1

C) a list of documents that can be destroyed; inventory shall be avoided if possible use
list of documents designed to skartačnímu proceedings under § 9
paragraph. 1 point. b).

(3) In the event that the person referred to in § 7 para. 4
disagree with the content of the protocol referred to in paragraph 1 may be against him within 15 days of receipt
log file objections to the administrative authority in the field of archives
performance and records management. By submitting objections is initiated administrative proceedings.

(4) The entity referred to in § 7 para. 4 may destroy documents specified in
appraisal process and the destruction mentioned in the list of documents pursuant to paragraph 2
. c) after the deadline for filing objections pursuant to paragraph 3
and if the opposition after the termination of the opposition proceedings.

Selection of archival outside the shredding process

§ 11

(1) The selection of archival documents outside the discarding proceedings conducted by a competent archive of documents


A) private originator

B) the originator specified in § 7 para. 1 that did not pass the appraisal procedure,

C) offered by the owner of the Czech Republic or another public archive founder
gift, purchase or safekeeping,

D) of the Czech Republic, which accounted escheat property to them,

E) total.

(2) The selection of archival documents outside the discarding proceedings conducted pursuant to paragraph 1
point. a) and c) is initiated at the request of the inventor or owner of the document.
At the request of the owner or agent agrees with the relevant documents

Archive dates by which the selection of archival documents outside the shredding process
executed; in case of cancellation of the originator and its entry into liquidation or
declaration of bankruptcy of the originator asks the author of a selection of archival outside
shredding process immediately. Relevant archives before making a selection of archival records
outside the shredding process can from the originator or owner
documents requested list of documents proposed for the selection of archival records
with explanations of their origin. If the selection of archival records outside
shredding process also classified documents arising from the activities of the originator, which is
processor appraisal of the proposal, which is the author
pursuant to paragraph 1. a) legal successor, bring the following documents with the name
originator listed separately; The same procedure is when
to the selection of archival documents classified pursuant to paragraph 1. C).

(3) The selection of archival documents outside of appraisal proceedings pursuant to paragraph 1. b)
d) and e) in cases where the originator of extinction without a legal successor,
, is done ex officio.

(4) The selection of archival documents outside of appraisal proceedings pursuant to paragraph 1. b)
performs an archive that would be responsible for the selection of archival records
in the appraisal process.

(5) Documents stored in museums, libraries, galleries, monuments,
public research institutions and universities (hereinafter referred to as "culturally
scientific institutions") as a result of their acquisition and collection management
meeting criteria according to § 4 and 5 or in Annex no. 2 to this Act and
taken into archival records are considered archival selected
outside the shredding process. The provisions of the first sentence is without prejudice to the obligations
cultural and scientific institutions in accordance with § 3, in the case of documents
arising from their activities.

§ 12

(1) Upon completion of the selection of archival documents outside the discarding proceedings shall establish appropriate Archives
protocol on the selection made outside of archival appraisal
management and determine into whose custody the documents will be selected as archival records
belong. Was the selection of archival documents outside the shredding process carried out at the request of the owner of the document
selected as archival records
this document may be entrusted to the care of the archives only with the consent of the owner and
based on its consent with the determination, into whose care will be document belong.

(2) The provisions of § 10 paragraph. 2 point. a) and b) the contents of the report by
paragraph 1 shall apply mutatis mutandis.

(3) If the originator or the document owner disagrees with the content
protocol on the selection of archival documents outside the discarding proceedings may
against him within 15 days of receipt of the log file objections to the administrative office
the field of archives and performance of records management.
Filing objections administrative proceeding was initiated.

Common provisions for the selection of archival records

§ 13

(1) For documents containing classified information ^ 2) to the selection of archival records
submit only documents designed for the removal and destruction; u
other archival documents, the selection can be done after the abolition
degree of secrecy. Selection of archival records which have not abolished the level or degree
not declassify, conducted by competent security archives.

(2) For documents containing business, 3) bank-4) or similar
secrets can be the selection of archival documents submitted only designed to
disposal and destruction; in other documents we can select archival
done only with the consent of the originator. If the document is selected as archival records
originator of it after selecting the archival bear a clause specifying the type
secrets contained in the document. Protection of commercial, banking or similar
secret is selecting documents for archival affected.

(3) The selection of archival documents containing personal data and
their permanent retention is not required by the consent of individuals
special regulation. ^ 5)

(4) The selection of archival materials are those carrying out the selection of archival records
authorized to enter, knowing the originator or the document owner to
buildings, land and other areas, if not the selection of archival records
done in another way. If the document owner is not the owner
object or property or other premises where the document is located, can be
enter them only with the consent of their owner.

(5) An inventor who is not filing service in electronic form
electronic records system converts the document into digital

Form intended for the selection of archival records outside the shredding process
into the output data format specified by the implementing regulation and affix it
metadata set an implementing regulation according to § 19. g)
the latest in preparing the selection of archival records outside the shredding process.
If the document can not be converted to a specified data format and provide it
metadata, even in cooperation with the relevant archive, document
its originator converted to analog.

(6) Documents submitted to the selection of archival records
competent archives regardless of their place of storage.

§ 14

(1) Employees of the administrative authorities in the field of archives and performance of records
service, employees of archives and their founders are obliged
maintain confidentiality about all the facts they learned during
performance of activities under this Act. This obligation may be exempted
competent administrative authority in the field of archives and performance
filing services; waiver must be in writing, stating the scope and purpose.
Secrecy laid down by special legal regulations 6) by
not affected.

(2) If the founder of the archives of a legal person, the obligation to maintain confidentiality
under paragraph 1 on individuals who
due to their job function or a similar position in this legal entity
with protected data acquainted.

(3) The duty of confidentiality continues even after leaving the service
ratio, employment or other similar relationship.

§ 15

(1) Documents selected as archival and for the care of archives before
originator or owner of the document on the basis of the protocol on the
appraisal process or protocol on the selection of archival records outside
shredding process designated archive. The handover official written record,
which includes a list of transmitted documents; for each document in
digital form shall contain the data necessary for his search.
The implementing regulation lays down the list of particulars transmitted
documents in digital form.

(2) Archival owned by the Czech Republic and archival records
in the ownership of local governments or other public
agents belong to the custody of public archives.
Obtained archival collections and acquisition activities, cultural and scientific institutions belong
into the care of the institution.

(3) Archival records in digital form, belonging to the custody of the National Archives, the Archives
security forces or regional state archives are
stored in the National Archives. Archival documents in digital form
belonging to the care of other archives are stored in these archives, if their
founders granted permission to store archival records
in digital form. Unless founder archive holds a license to store archival records
in digital form, archival documents in digital form
belonging to his care on the basis of a written agreement founders
archives stored in the National Archives or archive whose founder is granted
permission to store archival materials in digital form (hereinafter referred to as "digital archive").
Not conclude if the founder archive agreement imposing archival, archival records
in digital form belonging to his care will be stored in the National Archives.
Jurisdiction archive in whose care the archival documents in digital form
belongs, not putting it in the National Archives or in digital archives
affected.

(4) The relevant archives may, on request originator to issue a permanent
disposition agreement to set it kind of documents that can destroy
without selecting archival. Failure of the originator of the conditions set out in continuous
appraisal approval, the relevant archives can be permanent disposition agreement
cancel ex officio. In case of termination issued by the originator permanent disposition agreement
pass to a legal successor.

Archival records

§ 16

(1) Following the selection of archival documents are selected as archival records
taken into archival records.

(2) Archival records that are registered in the Czech Republic, constitute
National Archival Heritage. National archival heritage is kept in
basic, secondary and central registers. The basic unit is the evidence
archival collection, archival collection or part or individual
archives.

(3) The records of the National Archival Heritage, which includes

Records of increases and decreases archival record sheets
National Archival Heritage and registers of finding aids, lead
archives and scientific institutions in whose care the archival materials are located.
Archives and cultural and scientific institutions classified evidence
base unit to base the National Archival Heritage after selecting the archival records
. If selected as archival documents in digital form
as archival records and records in the National Archives or
digital archive stores its replica; a replica for the purposes of care for archival records
in digital format means a character string identical with the document
in digital form, from which it was created.

(4) The records of the National Archival Heritage, which
does not belong to the care of the archives or cultural and scientific institutions, leading
National Archives (§ 46) or regional state archives (§ 49), according to their competence
.

(5) secondary registers of the National Archival Heritage belonging to
care or cultural archives of scientific institutions, which includes the registration sheets
National Archival Heritage and registers of finding aids
lead the National Archives or regional state archives by their
scope. Archives and cultural and scientific institutions are required to archive
leading secondary registers providing data from register cards
National Archival Heritage and registers of finding aids and
send him copies of their finding aids.

(6) Central registers of the National Archival Heritage, which includes the registration sheets
National Archival Heritage and registers of finding aids
leads the ministry. Archives and cultural and scientific institutions
leading basic records are required to provide information to the Ministry of
record sheets of the National Archival Heritage and registers of finding aids and
send him copies of their finding aids.

§ 17

(1) Each National Archival Heritage
is stored in paper form or on technical data carriers or means
combining the said forms and in the same form is passed. Basic
National Archival Heritage shall always be kept in paper form
.

(2) The Ministry shall decide on the proposal of the founder archive to be removed from
National Archival Heritage

A) archival fond or archival collections because rethink their
importance

B) Archival Fund archival collections or archival because of destruction;
If archival fund, archival collections or archival records
in digital form for destruction is also considered as violation of their content, their readability
loss or loss of metadata necessary for handling
archival fund, archival collections or archival in digital form,

C) Archival Fund archival collections or archival due to release
abroad.

(3) Archives and cultural and scientific institution excludes archival he
lead in their basic registers of the National Archival Heritage of
due to re-importance.

(4) A proposal for exclusion from the National Archival Heritage
pursuant to paragraph 2 serving entities maintaining archival collection, archival collections or archival records
in the basic registers.

(5) An application under paragraph 4 contains

A) the indication of the entity submitting the proposal

B) identification of archival fund, archival collections or archival records

C) the reason for withdrawal Archival Fund archival collections or archival records

D) a copy of the current registration form the National Archival Heritage
archival fond or archival collections, which are subject to removal,
or archival fund or archival collections in which disposal
archival belongs

E) decommissioned size of the archive fund, archival collections or archival records
flats, it is proposed to exclude archival collection, archival
archival collection or in digital form.

§ 18

(1) The Ministry keeps records of all archival records, collections and
archival fonds or comprehensive parts thereof declared as Archival
cultural heritage or national cultural monuments. Archives, where
these archives, archival collection, archival fonds or comprehensive parts
saved the lead in a special register. Special register contains


A) description of the basic features archival records
archival collection, archival fund or comprehensive parts


B) information about when the archival record, archival collection, archival fund
or comprehensive parts thereof declared as Archival Cultural Relics or
a national monument,

C) information about who on archival, archival collection, archival file or
part of their comprehensive care for and where it is stored.

(2) The Ministry keeps records archives and cultural and scientific institutions that
keep basic records of the National Archival Heritage. When conducting this evidence
Ministry is authorized to identify, process and store this data
:

A) the name and address of the archives or a cultural institution

B) the name, address and identification number of the person (hereinafter "identification
Number") is a legal person who is the founder of the entity or facility
referred to in subparagraph a) or against it fulfills the function of the founder,

C) name, surname, date of birth and place of permanent residence
natural persons, that the founder of the entity or facility referred to in subparagraph
a).

(3) In keeping records pursuant to this Act, the Ministry of National
Archive, Archive of Security Forces and regional state archives
authorized to identify, process and store data on the causative agents,
owners and holders of archival records in the range

A) the names, places of residence and date of birth if it is a
natural person or

B) the name, identification number and registered office, if a legal person.

§ 18a

(1) In the event of termination of public records specified by the Ministry archive, into whose care they
archival belong; determining archive precedes extinction
public archives. Archival materials can be placed in the custody of the National Archives
or regional state archives.

(2) The Ministry decides on a proposal from the archives, or founder
archive of archival transfer to the care of another archive. It is proposed to transfer
archival custody archives other than the National Archives or regional state archives
, the Ministry may grant the petition, agrees
If this archive.

§ 18b

Portal for access to archival documents in digital form

(1) Archival records in digital form, stored in the National Archives
are made available in a manner allowing remote access via
portal for access to archival documents in digital form,
administered by the National Archives (hereinafter "national portal").

(2) Archival records in digital form, which are stored in a digital archive
, with the exception of security archives are accessed
manner allowing remote access via the portal
access to archival documents in digital form, which is managed by
digital archive.

(3) The national portal is an information system of public administration.

(4) through the national portal is a way of allowing remote access secured


A) the selection and acceptance of archival documents in digital form and their metadata

B) management and disclosure of the National Archival Heritage

C) receiving metadata descriptions originators

D) you are receiving the metadata descriptions of archives and cultural and scientific institutions,

E) reception and presentation of finding aids in digital form,

F) access to archival records in digital format and documents in digital form
incurred as digital reproductions of archival records
in analog form.

(5) Through the portal to make archival documents in digital form are
manner allowing remote access provided

A) the selection and acceptance of archival documents in digital form and their metadata

B) access to archival records in digital format and documents in digital form
incurred as digital reproductions of archival records
in analog form.

§ 18c

Metadata management of archival records

(1) The National Archives in collaboration with the archive, in whose care the archival records in digital form
belong, creates, manages and makes
through the National Portal of metadata containing

A) basic identification of archival records

B) a description of archival records

C) records of those entitled to access to archival records
including the scope of authorization.

(2) Digital Archive in cooperation with the archive, in whose care the archival records
in digital form belongs, creates, manages and except
Security Archive also makes it through

Operated portal for access to archival documents in digital form groups of metadata containing


A) basic identification of archival records

B) a description of archival records

C) records of those entitled to access to archival records
including the scope of authorization.

(3) Archives, with the exception of Security Archive, in cooperation with the National Archives
creates, manages, and through the national portal makes


A) the National Archive Heritage,

B) a description and registration of agents,

C) a description of the archives and records of cultural and scientific institutions.

(4) The digital archive, with the exception of security and access to archives
groups of metadata in accordance with paragraph 3 of the portal for
access to archival documents in digital form, which is the administrator, and through
search term referring to the national portal.

(5) The National Archives and Records store digital archive and retention
plans.

(6) imposes If the National Archives or archive digital archival records
in digital form pertaining to the care of another archive, access to this archive
manner allowing remote access data

A) change metadata, data formats and archival size in bytes,

B) violation archival content, losing its readability or loss
metadata necessary for the management of archival records in the range enabling
relevant archives assess whether the facts
for filing an application to commence proceedings on removal of archival
records of the National archival heritage pursuant to § 17 para. 2nd

§ 19

Implementing regulation provides

A) the method of keeping the basic, secondary and central registers,

B) the method of transmitting data from basic registers to secondary registers and central
records,

C) method of keeping records of archival or archival fonds or comprehensive parts
declared as Archival Cultural Relics or
national monument

D) the procedure and method of decommissioning of archival records,

E) record-keeping method of finding aids, types of finding aids,
their structure and content and method of sending and registration
duplicates of finding aids,

F) details of creating, managing and accessing metadata archival records

G) the extent of document metadata in digital form selected as archival records
outside the shredding process for agents who do not filing
service in electronic form in the electronic records management systems.
Part 2


Statement archival archival cultural monument or a national cultural monument


§ 20


Canceled
§ 21

Statement for cultural archival relic

(1) The Archival Cultural Relic may be declared archival records
archival collection, archival fund or a coherent part that
due to the time of creation, content, form, originators or external signs is important for || | history general, national or regional, for the history of science, technology or culture or
due to the uniqueness or originality or for any other
exceptional properties is of paramount importance for society; u
file archival respects their factual content and unity.

(2) An application for a declaration archival, archival collection, archival fund
or comprehensive parts for Archival Cultural Relic may submit

A) archives or cultural and scientific institution in whose care archival records
archival collection, archival fund or a coherent part of it,

B) archive, which is leading in elementary or secondary registers

C) the owner of the archival record.

(3) An application for a declaration archival, archival collection, archival fund
or comprehensive parts for cultural archival relic must contain

A) the name and time determining origin archival, archival collection, archival
fund or comprehensive parts,

B) registration data archival, archival collection, archival fund or
comprehensive parts thereof,

C) the grounds for the application of the criteria in paragraph 1

D) a description of the state of archival records, archival collection, archival fund or
comprehensive parts thereof and information about whether they have been purchased copies
whose characteristics and treatment method ensures maximum possible achievable
content and material stability for the needs of their
long-term storage (hereinafter "safety copy"), or copies intended for user
work


E) designation archives or a cultural institution, if the application
submitted pursuant to paragraph 2. a) and b)

F) the name, place of residence and date of birth of the owner
archival record, archival collection, archival fund or comprehensive
part, if the owner is a natural person

G) the name, identification number and registered owner of the archival record, archival
collections, archival fund or comprehensive parts thereof, if the owner
legal entity.

(4) The application for a declaration of archival record, archival collection, archival
fund or comprehensive parts for cultural archival relic decides
according to the criteria set out in paragraph 1 ministry.

(5) The owner of the archival record, archival collection, archival fund or
integral part of which proceedings were initiated on declaring the archival
cultural monument is the date of commencement of proceedings until the legal force
Ministry's decision obliged

A) notify the Department in writing of any intended change their
placement or transfer of ownership,

B) writing without delay notify the Ministry
transition of property rights.

(6) The Ministry may revoke the declaration of cultural archival relic of
due to reassessment of its importance. The proposal to repeal declaration
Archival Cultural Relics served entities referred to in paragraph 2;
Ministry may cancel the declaration of cultural archival relic without
proposal.

(7) for the annulment declaration of cultural archival relic contains

) The name and registration information of cultural archival relic,

B) the justification for abolition of cultural archival relic because
reconsider their significance.

§ 22

Declared a national cultural monument

The Government may by regulation declare Archival Cultural Relics
a national monument. ^ 11)

§ 22a

Implementing legal regulation stipulates the method of labeling archival records
which have been declared a Cultural Archival Relic or National Cultural
monument.
Part 3


Archival protection, rights and obligations of the owner and holder of archival records

§ 23

(1) Archival records owned by the Czech Republic or legal entities
established by law can not be transferred to another person, unless special legal
stipulates otherwise. ^ 12)

(2) Archival owned by the Czech Republic or legal entities established by law
can transfer abroad only if so stipulated
government regulation.

(3) Archival records that are owned by the Czech Republic or
legal entities established by law, to use a legal or natural person
leave only with the prior consent of the Ministry.
The Ministry grant approval only if they are legal or natural persons
able to ensure compliance with the conditions stipulated by this law to protect
archival and care for them.

The rights and obligations of the owner and holder of archival records

§ 24

(1) The owner or holder of archival has the right to free
providing information and advisory services relating to the care of archives.
These services are provided by the National Archives or regional state archives.

(2) The owner of archival documents, which does not belong to the care of public records, and
unless the archival material in the possession of the Czech Republic,
legal entity established by law or territorial government has in connection with
declaration document for archival entitled to a lump-sum
state contribution for the declaration document for archival.
Claim archival owner must be exercised within 3 months from the withdrawal
record as archival record, otherwise the claim expires. Entitlement shall apply in writing at the Ministry through
regional state archives or the National Archives
that archival records in basic or secondary
records.

(3) The amount of state contribution pursuant to paragraph 2 shall be laid down
regulation with regard to cost the owner of archival records
making copies of archival documents on possible compensation for lost profits or wages and any other
costs incurred in connection selecting a document for archival.

(4) The owner of archival documents, with the exception of the Czech Republic, legal persons
established by law or territorial government, which does not belong to
care of public records, is entitled to reimbursement of necessary costs that incurred in
Act saved care of archival materials. The owner must qualify

Archival lodged in writing at the Ministry through the National
Archives or regional state archives, which leads it in elementary or secondary
records, within 6 months from the date on which it was incurred,
otherwise the claim expires.

§ 25

(1) The owner or holder of archive material shall

A) properly care for archival in analog form; for this purpose it is obliged to maintain archival records
in good condition, to protect it from damage,
deterioration, destruction, loss and theft and use only archival records
manner consistent with its status

B) create a document in digital form selected as archival records
a replica of the data in the format specified by the implementing legal regulation and
pass it immediately after making the selection of archival records to the National Archives
or digital archive to store, || |
C) without delay and give advance notice to the National Archives or the competent regional state archives
any intended transfer of ownership of the archival records
or contract for its safekeeping.

(2) The owner or holder of archival records in analog form, which is
kept out of the archive and led in the records of the National Archival Heritage
competent archives according to their competence, shall pass
these archives on demand the data needed to conduct this
records.

§ 26

(1) The owner or holder may surrender archival archival records
into custody under a written agreement on custody. After a period during which the
archival records in custody, custodian for the rights and obligations of the owner or holder of archival records
according to § 24 para. 1, § 25 par. 1 point. a) a
c), § 25 par. 2, § 27, 29, 30 and 32 instead of its owner or holder
.

(2) Sending archival safekeeping another custodian may put
only with the written consent of the owner or holder of archival records.
The provisions of paragraph 1 shall apply mutatis mutandis.

§ 27

(1) At the request of the owner or holder of archival records
who is unable to ensure its proper protection and professional care of her and whose archival records
does not belong to the care of the archives, the National Archives or the competent regional state archives
| ||
A) provide the owner or holder of archival records
free professional help or

B) assume a fixed-term archival custody.

(2) If the reasons for which the archival taken into his care
National Archives or regional state archives archival records
owner or its holder, upon request, promptly issue.

§ 28

Transfer of archival records

(1) The intended transfer of ownership of archival records
its owner has preferred to offer it for sale Czech Republic
if not a transfer

A) between related persons, co-owners, church legal entities
same church or religious society,

B) ownership of territorial self

C) ownership of a legal entity established by law or

D) to the state-owned company or a state-funded organization.

(2) A written offer referred to in paragraph 1, the owner of archival records
Czech Republic is obliged to do so through the National Archives, the Archives
Security Forces or the relevant regional state archives.

(3) The owner is obliged to tolerate inspection of archival records
authorized employee of the National Archives, the Archives of Security Forces or
competent regional state archives for the purpose of making the description or representation of archival records
to the draft contract.
Inspection must take place within 30 days of submission of bids. If the inspection fails
this period for reasons on the part of the owner, the deadline to submit a proposal
purchase agreement pursuant to paragraph 4 of the 30 days time limit for implementation
tour starts again.

(4) Applies if the Czech Republic the right to preferred purchase, submit
National Archives, the Archives of Security Forces or the relevant regional state archives
within 180 days of receipt of the written offer to the owner
archival draft contract . Draft contract must contain a description or representation
archival documents, the proposed price and deadline for payment
. This period shall not be longer than 30 days after the conclusion of the purchase contract
if the owner does not propose a longer term archival.

(5) If the National Archives, the Archives of Security Forces or the relevant regional state archives
within the deadline draft contract

Owner archival fails, the Czech Republic entitled to preferential purchase
to this owner archival expires.

§ 29
Exports archival


(1) The export of archival documents from the Czech Republic is possible only on the basis
permits issued by the Ministry on the request of the owner or holder of archival records
.

(2) Permission for export of archival documents from the Czech Republic may
ministry issued for a limited period, not only because of their

A) issuance,

B) preserving,

C) restoration

D) scientific research.

(3) The owner or holder is entitled to export archival archival records
only for the purposes specified in the ministerial authorization. The owner or holder of archival records
is required to import archival record back to the Czech Republic
within the deadline set by the Ministry and undamaged.

(4) The Ministry may permit the store owner or holder of archival records
obligation to deposit bail in compliance with the conditions referred to in paragraph 3.
bail falls Czech Republic, if the owner
archival or its holder fails to comply with the conditions set in the permit.

(5) The Ministry shall grant a permit if they were not fulfilled
care of archival and conditions of its protection under this Act or archival export
not allow her condition.

(6) archival records, which is the subject of proceedings for a declaration for archival
cultural monument or a national cultural monument, is not pending a decision
or government regulation exported from the Czech Republic.

(7) Archival declared a national monument can be exported
from the Czech Republic for a limited period with the prior approval
government, and only because of its exposure or restoration.

(8) The Ministry shall keep records of issued export permits
archival documents from the Czech Republic and checks whether the records were within the prescribed period
intact and brought back to the Czech Republic.

Archival protection of cultural monuments and national cultural monuments

§ 30

(1) The statement archival Archival Cultural Relic takes
owner or holder within 90 days of the effective date of the decision on the declaration
archival archival cultural monument at his own expense
her copy.

(2) Archival cultural monuments and national cultural monuments are registered in
archival collections or archival records, which include;
about saving them to maintain a special security plan as part
documentation of the building.

(3) Archives and cultural and scientific institutions in whose care archival
cultural heritage or national cultural monuments belong carried
least once a year to review their physical condition. The result of examination, the
within 30 days of its execution
written report to the Ministry; in case of danger, damage, deterioration, destruction, loss or theft
archival cultural heritage or national cultural monument serves
archives or the cultural message
ministry immediately.

(4) For archival cultural monuments and national cultural monuments
not belonging to the care of archives or a cultural institution
relevant archives, which is leading in elementary or secondary registers
carried out at least once a year review of their physical condition.
The results of the screening shall submit within 30 days from its execution
written report to the Ministry; in case of danger, damage, deterioration, destruction, loss or theft
archival cultural heritage or national cultural monuments
report to the ministry immediately.

(5) Damaged or endangered Archival Cultural monument or a national cultural monument
must immediately be conserved or restored.
Their preservation or restoration is required to ensure that the owner or holder
, and only with the permission of the Ministry and in the manner determined
ministry.

§ 31

(1) The owner of archival cultural heritage or national cultural monuments
which does not belong to the care of public records, and if not for archival
cultural monument or a national cultural monument in the ownership
Czech Republic, legal entity established by law or territorial self
whole, has in relation to the declaration archival archival
cultural monument or a national cultural monument entitled to a flat

State contribution for the declaration of archival archival
cultural monument or national monument. The owner must qualify archival
cultural heritage or national cultural monuments exercised within 3 months from the date
of legal force of the decision on the declaration of archival archival
cultural monument or within 3 months from the date of entry into force of the Regulation of the Minister
statement archival cultural monuments as national cultural monument
, otherwise the claim expires. A claim is made in writing at the Ministry through
regional state archives, the Archive of Security
components or the National Archives, whichever of them archival
cultural monument or a national cultural monument leads in elementary or secondary
records.

(2) The amount of state contribution pursuant to paragraph 1 shall be laid down
regulation with regard to cost the owner of archival records
making copies of archival documents on possible compensation for lost profits or wages and any other
costs incurred in connection with the declaration archival archival
cultural monument or national monument.

(3) The owner of archival cultural heritage or national cultural monuments
with the exception of the Czech Republic, legal persons established by law or
territorial government, which does not belong to the care of public records,
is entitled to reimbursement of necessary costs incurred in law imposed
care of archival cultural monument or national monument.
Claim the owner must archival cultural heritage or national cultural monuments
lodged in writing at the Ministry through the National
Archives, the Archives of Security Forces or regional state archives
who leads it in basic or secondary registers within 6
months of the date on which it was incurred, and to submit the relevant documents
, otherwise the claim expires.

§ 32

(1) At the request of the owner or holder of archival
cultural heritage or national cultural heritage, which is unable to ensure its proper
protection and professional care of her and whose cultural archival relic or
national monument does not belong care to public records, the ministry


A) provide its owner or holder of free professional assistance, or


B) entrust the Cultural Archival Relic or National Cultural Relic
on fixed-term custody of the National Archives, the security forces
or regional state archives, but no longer than 1 year.

(2) If the owner or holder of archival cultural heritage or national cultural monuments
is unable to ensure its proper protection and training
care of her, his archival cultural heritage or national cultural monument
not care public archive and threatens to damage or destruction
Ministry shall decide on the basis of checks carried out by the conferral on
fixed-term custody of the National archives, the security forces
or regional state archives, but no longer than 1 year.

(3) If the owner or holder of archival cultural heritage or national cultural monuments
will not be able, even after the expiry of the period for which
this monument was entrusted to the National Archives, the Archives of Security Forces or
state archives
pursuant to paragraph 2, to ensure the proper protection and professional care of her, the Ministry
decide to leave her in the care of the archives, and it ex officio.

(4) If the reasons for which the archival cultural monument or a national cultural monument
entrusted to the National Archives, the Archives
security forces or regional state archives, the National Archives,
Security Services Archive or regional state archives stored
cultural archival Relic or national cultural Relic
owner or holder, upon request, promptly issue.

§ 33

The provisions of § 23, § 24 para. 1, § 25, 26, 28 and 29 in relation to
archival cultural monument or a national cultural monument
apply mutatis mutandis.
Section 4


Access to archival records, issuing and acquiring archival excerpts, transcripts and copies


§ 34

(1) The archival records pertaining to the care of the archives can be consulted only
request and under the conditions prescribed by this Act and the Research Rules
archive.

(2) Research Regulations issued every archive on the basis of standard investigative
order issued by the Ministry. Research Rules are permanently published on

Board official archives or other public accessible place
archives and information systems with remote access.

(3) The archives can be consulted in archival copies intended for user
work. Do originals of archival records can be viewed only if they are not drafted
copies. If such copies were made out
submit originals of archival records available for inspection only with the consent of the archives, in whose care
archival belong, where the purpose of consultation required.

(4) to archival repositories were in custody on the basis
agreement on custody, can be viewed under the conditions stipulated in this Law and
Research Rules and under the conditions specified in the agreement on custody.
Rights and special arrangements in favor of the owners of archival remain at
viewing unaffected.

(5) National cultural monuments in the original may be submitted for inspection
only in archives, to whose care they belong
after prior approval of the Ministry; otherwise they submitted for consultation only their
copies.

(6) of archival records in digital form
takes place through the national portal or portals to access
archival documents in digital form.

§ 35

(1) For the purposes of protecting the public archives of archival records
authorized to process personal data of applicants for viewing in the range

A) the name or names and surnames,

B) the date and place of birth, citizenship,

C) addresses the place of residence of the individual on the territory of the Czech Republic,
or residence abroad, the addresses to which they should be delivered
documents under a special law,

D) identity card number.

(2) Public archives are further authorized to process data on business
company or name, the address of the legal entity to whom the
consultation takes place, the identification number of the person, if
assigned; and topic of study, its purpose and direction in which the consultation takes place with
.

(3) A request for access to information is submitted to the research sheet.
Applicant for inspection is obliged to verify the personal data of
research form to submit to the challenge of employees of public records
identity card. Identity document for the purposes of this Act
means the document is a public document stating the name
or names and surname, date of birth and address of residence on the territory of the Czech Republic
or resident in abroad, from which it is apparent
and likeness, or other information allowing the unambiguously identifiable
applicant who submits a document, such as its lawful holder.

§ 36

Implementing regulation provides

A) sample Research Rules, which modifies the procedure for submission
archival amount of archival materials submitted by researchers at 1
visiting day, mode of behavior in the place designated for viewing, including the way
handling of archival materials, principles of use reproductive technology and
deadline for the commencement of archival records and their continuation;
this period must be at least thirty days,

B) a research sheet and form of the document on proposed recoveries and archival records
.

§ 37

(1) to consult the archives are accessible only archival records
older than thirty years, unless stipulated otherwise, all published and archival records
.

(2) The archival records containing personal information of a living person can be seen,
raised if such a person a written objection. Archive party in writing
filed a request for access to archival materials; in the case of notification
least thirty people, they can deliver a public notice posted on the notice board
official archives, and does not establish if the archive official notice board on the official board
regional state archives, in whose district the archive punch. In
notification shall contain data in accordance with § 35 para. 1 point. a) to c), personal data
persons to be made available, period in which to be seen
archival and advice on the legal consequences of filing a
absence of objections within the prescribed period. Objection to using archival records
according to the first sentence may raise a person within 30 days of receipt of the notification. Of
objections must be clear what personal data is concerned. Unless the person
objection within the period specified, fourth sentence, it is considered that the consultation

In archival agrees. On delivery and time limits applies
second part of the Administrative Code.

(3) The archival records relating to living individuals whose
containing sensitive personal data ^ 13), can be viewed only with the prior written consent
this person. Archive ask the person for permission to
by viewing the archive materials. The request shall contain information pursuant to § 35 para. 1
point. a) to c), the sensitive personal data of persons who are to be made available
, a period in which will be seen in archival.

(4) For the purpose of informing the interested party may request the competent archive
administrative authority in the field of archives and performance of records services for finding
necessary data from records information system population.

(5) Administrative Authorities in the field of archives and performance of records services can
at the request of the archives pursuant to paragraph 4, or to exercise
covered by this Act to acquire and use information on the person, and it

A) the reference data from the basic register of residents,

B) data from the agenda information system of civil registration

C) data from the foreigners information system.

Request for dispensing data from records information system
population and expenditure data from the foreigners information system
can be carried out in a manner allowing remote access.

(6) The data provided pursuant to paragraph 5. a)

) Name,

B) the name or names,

C) address of residence,

D) date of birth,

E) the date, place and district of death; in the case of died outside the territory
Czech Republic, the date of death, place and the State in whose territory the death occurred
; if it is issued by a court decision declaring the death, the day
who is in the decision as the date of death or the date on which entity data
declared dead survived, and the date of entry into force of this
decision.

(7) The data provided pursuant to paragraph 5. b)

A) the name or names and surnames,

B) date of birth,

C) address of permanent residence,

D) the date, place and district of death; or date of death, place and the State in whose territory
death occurred in the case of deaths outside the Czech Republic,

E) the day, which was in the court decision on declaration of death listed as
date of death or the date on which the data subject declared dead
survived.

(8) The data provided pursuant to paragraph 5. c)

A) the name or names and surnames,

B) date of birth,

C) the type and address of residence,

D) the date, place and district of death; or the date of death and the state on whose territory
death occurred in the case of deaths outside the Czech Republic,

E) the day, which was in the court decision on declaration of death listed as
date of death or the date on which the data subject declared dead
survived.

(9) Data that are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .

(10) Paragraph 1 shall not apply to archival records
incurred before 1 January 1990 of the activities of state bodies.

(11) The provisions of paragraphs 1 to 3 shall not apply to archival records
incurred before January 1, 1990 the activities of military courts and prosecutors all
degrees of security forces under the Act on the Institute for the Study of Totalitarian Regimes and
archive of security Forces, as well as
Special People's courts, the State court, the National court and
social organizations and political parties associated in the National front
on archival materials resulting from the activities of the German occupation administration in the territory ceded
Empire and the Protectorate of Bohemia and Moravia in the years 1938 to 1945
on archival documents that have already been pre-application consultation
about them publicly accessible, as well as archival documents, which were as
documents publicly available before declaration of archival ^ 15).

(12) The provisions of paragraphs 1 to 3 shall not apply to archival records
whose contents are statistical data sets obtained during
demographic and statistical surveys, if personal data contained in these archival records
can be of camouflaging ago . Archive based
request within a reasonable time with regard to the tasks of the archives and taking into account

Importance of archival records, makes them anonymous. After anonymisation of personal data contained in
requested archival records
notify the archive of this fact immediately to the applicant if it stipulated in writing in advance.

(13) The provisions of paragraphs 1 to 3 shall not apply to the creator of the archival;
Actors may view archive materials, which are originators, without limitation
. The first sentence shall apply mutatis mutandis to the legal successor,
archival agents. Paragraphs 1 to 3 shall also apply to
entities referred to in § 38 par. 5; they may consult archival records
which is caused by a state or local government unit, without restrictions.

§ 38

(1) access to archival records stored in the archive to be refused if

A) the physical state of archival viewing does not

B) the processing status of archival viewing does not

C) a natural person objected access to archival whose
contents of his personal data; this does not apply if the archival according to §
37 paragraph. 11 and 12,

D) a natural person does not give consent for access to archival materials whose contents are
her sensitive personal data

E) special legislation of archival records
excludes or applicant for inspection does not meet the conditions laid down by a special legal regulation
. ^ 2)

(2) If a request for access to archival archive fails, he decides
based researcher filing competent administrative authority
the field of archives and performance of records management.

(3) Where access to archival records pursuant to paragraph 1. b)
denied, archive upon request within a reasonable time, considering
tasks archives and considering the importance of archival records
perform their archival processing. After the archival processing of archival materials required
archive this immediately notify the applicant if the applicant so
stipulated in writing in advance.

(4) access to archival materials can be used in the case referred to in paragraph 1.
B) exceptionally to provide scientific researchers and students upon request
evidenced by written confirmation of the scientific institutions of urgency
time-limited scientific or educational purposes inspection.

(5) government departments, armed forces, security forces, intelligence services
Czech Republic, local governments, as well as
persons who are under special legislation ^ 16) entitled to inspect
documents are entitled to access the archives to archival records
whose originator is a state or local government unit.
If it is necessary to consult these archival materials outside archives, which are
deposited may be lent provided that the borrower in writing
undertake archival fully back within the stipulated time and undamaged.

§ 38a

(1) For the purpose of informing the applicant pursuant to § 38 par. 3 or access to archival records
according to § 38 par. 4 of the archive request the competent administrative authority
the field of archives and performance of records service brokerage
data about the applicant from records information system of the population, and the extent


A) the name or names and surnames,

B) the date, place and district of birth; Born If a person is abroad, the date, place and state
, where she was born

C) permanent address, the address to which they should be delivered
documents under a special law.

(2) Administrative authorities in the field of archives and performance of records services can
on the basis of a request under paragraph 1 archive or to exercise
covered by this Act to acquire and use information about a person, and it

A) the reference data from the basic register of residents,

B) data from the agenda information system of civil registration

C) data from the foreigners information system.

(3) The data provided pursuant to paragraph 2. a)

A) the name or names and surnames,

B) permanent address, the address to which they should be delivered
documents under a special law,

C) date of birth,

D) the date, place and district of death; in the case of death of a person outside the territory of the Czech Republic
, date of death, place and the State in whose territory the death occurred;
If it is issued by a court decision declared dead, a day that is
decision as the date of death or the date on which the person declared dead
survive, and the effective date of this decision.


(4) The data provided pursuant to paragraph 2. b)

A) the name or names and surnames,

B) date of birth,

C) permanent address, the address to which they should be delivered
documents under a special law,

D) the date, place and district of death or date of death, place and the State in whose territory
death occurred in the case of deaths outside the Czech Republic,

E) the day, which was in the court decision on declaration of death listed as
date of death or the date on which the person declared dead survived.

(5) The data provided pursuant to paragraph 2. c)

A) the name or names and surnames,

B) date of birth,

C) the type and address of residence, the address to which they should be delivered
documents under a special law,

D) the date, place and district of death or the date of death and the state on whose territory
death occurred in the case of deaths outside the Czech Republic,

E) the day, which was in the court decision on declaration of death listed as
date of death or the date on which the person declared dead survived.

(6) The data are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .

(7) From the data provided can be used in a specific case
only those data which are essential for informing people.

(8) Requests for dispensing data from records information system
population and expenditure data from the foreigners information system
can be implemented in a manner allowing remote access.

§ 39

(1) Archival can only be exhibited if permits if their
state, and under conditions that guarantee the protection and care of this
law and protection of personal data according to special legislation. ^ 17) | ||
(2) Archival records that have been under contract for safekeeping entrusted
archives into custody, can only be exhibited under the conditions specified in paragraph 1
and under the conditions specified in the agreement on custody.

(3) Archival records in the ownership of Czech Republic, belonging to the care
archives can only be exhibited under the conditions set out in paragraph 1 and
under contract or writing ^ 18) of the loan. Founder
archive negotiate the contract or writing exposure conditions and the amount of insurance by
special regulation. ^ 19) The contract or writing is
lent archival inventory and report on their condition.

(4) National Cultural Relic may be displayed only with the permission of the Ministry
.

§ 40

(1) Everyone is entitled to ask the archive, in whose care archival belong
acquisition of excerpts, duplicates or copies of archival records in analog form or
replicas of archival documents in digital form.
Provisions of the Copyright Act are not affected by the first sentence. Acquisition excerpts, duplicates or copies of archival records
means and an extract, duplicate or copy of its parts.

(2) Acquisition of excerpts, duplicates or copies of archival records
in analog form or replicas of archival documents in digital form to be refused if the conditions for
denied access to archival. This does not apply if it can be
extract, copy or archival copy in analog form or
replica of archival documents in digital form capture without prior
archival processing archives.

(3) If a request for acquisition of excerpts, duplicates or copies of archival records
in analog form or replicas of archival documents digitally archive
fail, will decide on the basis of an explorer competent administrative authority to
field of archives and performance records management.

(4) Archives upon request confirm compliance by him copies of archival records
in analog form with archival in analog form stored in the archive
or in the case of digital archives or the National Archives compliance him
captured in archival replicas digital form with archival documents in digital form or
with a replica of archival documents in digital form stored in a digital archive
.

(5) The Archive is entitled to recover the costs associated with the acquisition
excerpts, duplicates or copies of archival records in analog form or with
acquisition replicas of archival documents in digital form, associated with locating
documents and their further processing or the acquisition of research

Archival. Amount of the costs associated with the services which it provides
publish the archive in the price list.

(6) public archives are not entitled to reimbursement of costs if
acquisition excerpts, duplicates or copies of archival records in analog form or
purchase replicas of archival documents in digital form, search and archival
further processing or acquisition retrieval of archival makes for

A) state authority

B) legal or natural person who has been entrusted with responsibilities in the area of ​​public administration
, in connection with the exercise of this scope,

C) the producer or owner of archival records stored in public archives, and it
if doing this to this archival records
or in connection with,

D) donor archival records stored in public archives, in case
doing this to this archival or in connection with it.

(7) The implementing regulations shall specify the maximum amount of reimbursement
services referred to in paragraphs 1 and 4, which is entitled to demand
public records, and the conditions under which it is possible from payment of services rendered by the archives
waived.

§ 41

(1) The archival documents that do not belong to the care of the archives can be consulted,
take their statements, copies, or copies of archival records
in analog form or replicas of archival documents in digital form only with the consent of the owner or
holders of archival and compliance with the conditions laid down
this Act and special legislation. ^ 2) ^ 17)

(2) access to archival materials belonging to the care of public records, with the exception
audio-visual archive belonging to the care of the National Film Archive
, and access to premises intended for public archives of archival records
are free.
Section 5


The system archives and performance of public administration in the field of archives and records service performance


§ 42

(1) The archives are divided into

A) public archives,

B) private archives.

(2) public archives are

A) National Archives,

B) Security Services Archive

C) regional state archives,

D) specialized archives,

E) security archives,

F) archives of local governments.

(3) The private archives are other archives established by natural or legal persons
.

§ 43

Position of administrative authorities in the field of archives and performance of records services have


A) Ministry

B) The National Archives, the Archives of Security Forces and regional state archives
,

C) the relevant ministries and other central administrative authorities, the Czech National Bank
, security forces and intelligence services of the Czech Republic, ^ 20)
if you have established specialized or security archives;
similar position have Office Deputies, Senate Office and the Office of the President
.

§ 44

Responsibilities of the Ministry

Ministry in the field of archives and performance of records service

A) manages the state administration in the field of archives,

B) draw up a development concept archival

C) review the decision of the National Archives, security
ingredients and regional state archives issued by these archives
administrative proceedings

D) manages the professional activities of the National Archives, the Archives of Security
components and state district archives and stores them professional archival
tasks; Other archives in their work methodically directs and
requires them to participate in the national thematic registers
archival records

E) exempts the obligation of confidentiality pursuant to § 14 para. 1
employees of the Ministry, the National Archives, the Archives of Security
components and state district archives

F) decides on accreditation of archives

G) decides to grant an exemption pursuant to § 82 para. 1

H) provides protection and the National Archive Heritage,
decides to reconsider the importance of archival records on their withdrawal from
National Archive Heritage

I) publish an inventory of archival records under this Act,

J) organizes a national thematic lists of archival records

K) ensures international cooperation in the field of archives and organizes
research sources for Czech history abroad

L) represents the Czech Republic in international archival bodies and
organizations

M) publishes archival publications of national importance


N) decide on the request of the owner of archival records
providing one-off allowances and the reimbursement of necessary care costs
archival records

O) keeps records archives and cultural and scientific institutions, which are stored
archival records

P) keep records of administrative archives

Q) decide on the application archive or originator of the author or his
organizational component are required to entrust to the care of archival materials other than
relevant archives; the scope of the relevant archives to the originator or
its organizational components perform archive specified in the decision

R) decides on a proposal from the archives, or its founder
The consolidation of archival files and the location of these files, archival

S) on the withdrawal of archive collections, archival collections or archival records
of archival records,

T) decide on the declaration and abolition of archival records
archival collection, archival fund or comprehensive parts for archival
cultural monument

U) decide on other matters in the field of archives and performance of records
services provided by this Act, unless these are entrusted
National Archives, the Archives of Security Forces and regional state archives.

National Archives

§ 45

(1) The National Archives is an administrative office and the State Central Archive, which
directly controlled by the Ministry.

(2) The National Archives is a state organization and the entity;
Its budget is the budget chapter of the Ministry.

(3) The head of the National Archives is the director; his selection, appointment and dismissal
are governed by the Civil Service Act.

(4) The seat of the National Archive in Prague.

§ 46

(1) The National Archives

A) supervises the performance of records service

First government departments nationwide except
where such powers are executed by the Security Services Archive

Second state-funded organizations established by law and state
autonomous organizations established a state organization with
nationwide,

Third public research institutions set up a state organization with
nationwide,

Fourth legal persons established by law nationwide,

B) select archival records within the appraisal process by

First agents listed in subparagraph a)

Second agents listed in subparagraph c), who have established private archive,

Third agents listed in § 49 para. 1 point. c) points 13 to 15 who
set up a private archive,

Fourth top or similar bodies agents listed in subparagraph c)
who apply to the selection of archival records within the appraisal process,

C) select archival outside the shredding process at top or similar bodies


First political parties

Second political movements

Third associations

Fourth trade unions,

Fifth employers' organizations

6th professional chambers

7th Churches

8th religious communities,

9th foundations

10th endowment funds

11th institutes

12th Benevolent Societies

D) select archival outside shredding documents
proceedings in the Czech Republic offered a gift or to purchase and documents
found or document owners who request it

E) decides on objections to the protocol on the appraisal process
a protocol on the selection of archival documents outside of appraisal proceedings (§ 10 paragraph
. 3 and § 12 para. 3) by the author or owner of a document | || being selected archival records

F) evaluate the protocol on the appraisal process and selection of archival records
conducted outside appraisal management of specialized archives
government departments nationwide and their subordinate
state governmental organizations and specialized archives
legal entities established law nationwide,

G) decide on filing researchers who have been denied access to archival records
or acquisition statements, transcripts or copies of archival records
in analog form or replicas of archival documents in digital form
belonging to his care or in the care of private archives, where
performs a selection of archival records

H) impose sanctions under this law for administrative offenses
natural and legal persons, for which monitors the performance of records service for which

Select archival materials, including those set up specialized
archives or private archives

I) searches in records pertaining to his care for archival records
needs administrative authorities and other government departments, authorities
local government units, legal and natural persons, and make them
excerpts, copies and replicas

J) enables the conditions laid down in this Act to inspect
archival materials belonging to the furnace

A) maintain appropriate records of archival under this Act,

L) exercise control over archival cultural monuments and national cultural monuments
leading in its records, which do not belong to the care
archives

M) fulfill archiving tasks arising from international treaties

N) exercise other powers stipulated by this or another law.

(2) The National Archives in the field of care for archival records

A) take care of archival materials taken from the agents listed in paragraph 1.
) And c) as well as archival materials relating to the activities
supreme bodies of the state, the Czechoslovak Republic, the Czechoslovak Socialist
Republic, the Czech and Slovak Federal Republic, Czech Socialist
Republic, the Czech Republic, with the exception of those on which cares Archive
security forces or specialized archives established by ministries
other central administrative authorities, the Office of the Chamber of Deputies, the Senate
Office, the Office of the President, the Czech national Bank
, security forces or intelligence services
Czech Republic, as well as state and local authorities and organizations for the Czech
country in the past, the central authorities of the occupying administration in
years 1939-1945 and the Government of the Czechoslovak Republic in exile between 1939 and 1945 and
archival materials resulting from the activities of the central authorities of the Habsburg monarchy
and allows access to them

B) adopts the Czech Republic offer to purchase, donation or custody
archival and closes for the Czech Republic respective contracts

C) provides owners with free archival expertise, information and advisory services
,

D) carry out checks of the physical condition of archival
cultural monuments and national cultural monuments, unless they are entrusted to our care

E) carry out the inventory of archival materials announced by the Ministry,

F) cooperate with other archives and develop contacts with scientific,
cultural, educational and other institutions to exchange experiences
professional issues, scientific research and the cultural, educational, economic and homeland
using archival ,

G) carry out scientific and research activities in the field of archives,
auxiliary historical sciences and related fields,

H) perform the tasks of the central scientific and research work in the field
preventive care for archival, preservation and restoration of archival records
storing and accessing new forms of media information, including
documents in digital form; in this area acts as specialist
methodological and training center,

I) establish a specialized library in the field of archives and performance
records management

J) pursue publishing activities in the field of archives and records management
performance, history of administration, auxiliary historical sciences and history
,

K) carry out conservation and restoration of archival records

L) meet other professional archival tasks imposed by this Act.

(3) The National Archives in the field of care for archival records in digital form

A) imposes archival documents in digital form within its custody and
archive documents in digital form pertaining to the care of the Archive of Security
components, state regional archives and not
digital archives and impose archival digital form on the basis of a written agreement
another digital archive; unless the archival records in digital form
belonging to his care, the National Archives in archival documents in digital form only
ensures preservation of the sanctity of their
content and readability

B) manages the national portal,

C) fulfills the archives methodical and advisory function in
pre-archival care of documents in digital form and digitization of archival records
in analog form,

D) carry out scientific and research activities in the field of life cycle
documents in digital form,


E) provides archives of data needed to record archival records
in digital form, and service for the collection and disclosure of descriptions of archival records
in digital form and replicas of archival documents in digital form,

F) issue a binding opinion on the application for authorization to store archival records
in digital form.

State Regional Archives

§ 47

(1) State regional archives are

) State Regional Archive in Prague

B) Regional State Archives in Trebon

C) State Regional Archive in Pilsen

D) State Regional Archives in Litomerice,

E) State Regional Archive in Zámrsk,

F) Moravian Provincial Archives in Brno,

G) Provincial Archives in Opava.

(2) The State regional archives are administrative offices, which are directly managed by the Ministry
.

(3) State regional archives are state agencies and
entities; their budgets are part of the budget chapter
Ministry.

(4) The head of the regional state archives is the director; his selection, appointment and dismissal
are governed by the Civil Service Act.

(5) The seat of the regional state archives are municipalities, under which
regional state archives are named.

(6) Internal organizational unit of the regional state archives are
state district archives, which are listed in Annex no. 4 to this
Act.

§ 48

(1) administrative districts Regional State Archives are defined territory
counties, for

) State Regional Archive in Prague and Central Bohemian Region territory
capital city of Prague

B) Regional State Archives in Trebon territory of the South Bohemian Region,

C) State Regional Archive in Pilsen, Karlovy Vary and territories of the regions
Pilsen,

D) State Regional Archives Litomerice in the territory of the regions of Liberec and Usti
,

E) State Regional Archive in Zámrsk area counties Králové and Pardubice
,

F) Moravian Provincial Archives in Brno, South Moravian territory, Highlands and
Zlin,

G) Provincial Archives in Opava area counties Moravian and Olomouc.

(2) Determination of territorial jurisdiction of regional state archives shall be governed

A) place of residence, if the originator, owner or holder of archival records
natural person who is not an entrepreneur

B) the place of business, if the originator, owner or holder of archival records
natural person who is an entrepreneur

C) headquartered originator if the originator, owner or holder of archival records
legal person

D) the place where the establishment is located, which carries a licensed
trade registry keeping, in the case of exercise of authority pursuant to § 49 para. 1
point. r) and s).

§ 49

(1) State Regional Archive

A) supervises the performance of records service

First government departments with other than nationwide,

Second state-funded organizations established organizational unit of the state
with other than nationwide,

Third State enterprises

Fourth legal entities established by law to other than the national
powers,

Fifth local governments,

6th organizational units of local government units,

7th legal entities established or established territorial self
total,

8th universities

9th Schools

10th health insurance,

11th public research institutions with the exception of those
set up a state organization with nationwide coverage

B) select archival records within the appraisal process by

First agents listed in subparagraph a)

Second agents listed in subparagraph c), points 1-12 who request
selection of archival records within the appraisal process, with the exception of top
or similar bodies such agents with the exception of agents who have established
private archive,

Third agents listed in subparagraph c) points 13 to 15, with the exception of those who have established
private archive,

C) select archival outside the shredding process at

First political parties

Second political movements

Third associations

Fourth trade unions,

Fifth employers' organizations

6th professional chambers

7th Churches

8th religious communities,

9th foundations

10th endowment funds

11th institutes

12th Benevolent Societies

13th companies,

14th cooperatives,


15th notaries,

Except their top or similar bodies,

D) select archival outside shredding documents
proceedings in the Czech Republic offered a gift or to purchase and documents
found or document owners who request it

E) exempts the obligation to maintain confidentiality of employees (
§ 14 par. 1) or founders archives (§ 14 para. 2), with the exception
employees mentioned in § 44 point. e)
specialized or security archives established by ministries and other central administrative authorities
, the Office of the Chamber of Deputies, the Office of the Senate
Presidential Office, Czech National Bank, security
forces or intelligence services of the Czech Republic,

F) decide on objections to the protocol on the appraisal process
a protocol on the selection of archival documents outside of appraisal proceedings (§ 10 paragraph
. 3 and § 12 para. 3) by the author or owner of a document | || being selected archival records

G) decide on objections to the originator or the document owner against
protocol on the appraisal process and the protocol on the selection of archival records
outside the shredding process the Prague City Archives, the Archives
city of Brno, Ostrava City Archives, the Archives
city of Pilsen and the Archives of the city of Usti nad Labem and supervise their execution transcripts
appraisal process and selection made outside of archival appraisal
management

H) examine the protocol on the appraisal process and selection of archival records
conducted outside appraisal management of specialized archives for this
which is not competent National Archives

I) decide on entrusting the care of endangered archival archive

J) decide on filing researchers who have been denied access to archival records
or acquisition statements, transcripts, copies of archival records
in analog form or replicas of archival documents in digital form belonging to his
care

K) decide on filing researchers who have been denied access to archival records
or acquisition statements, transcripts, copies of archival records
in analog form or replicas of archival documents in digital form pertaining to custody
specialized archives, with the exception of
specialized archives and security archives established by ministries and other central administrative authorities
, the Office of the Chamber of Deputies, the Office of the Senate
Presidential Office, Czech national Bank, security
forces and intelligence services of the Czech Republic || |
L) decide on filing researchers who have been denied access to archival records
or acquisition statements, transcripts, copies of archival records
in analog form or replicas of archival documents in digital form pertaining to custody
archives, local authorities or private archives, where
select archival,

M) impose sanctions under this law for administrative offenses
natural and legal persons, where this is not competent National Archives

N) allows the conditions laid down in this Act to inspect
archival records pertaining to his care

A) maintain appropriate records of archival under this Act,

P) inspects archival cultural monuments, which leads in their
records, which do not belong to the care of archives

Q) fulfill archiving tasks arising from international treaties

R) comments on the application for a concession for the management of the registry and checks
technical condition and ensure security establishments intended for performance
licensed trade registry keeping,

S) supervises the fulfillment of obligations entrepreneur, has been awarded the concession for the management
Registry, set out in § 3 para. 4

T) exercise other powers stipulated by this or another law.

(2) The Regional State Archives in archival care

A) take care of archival materials taken from the agents listed in paragraph 1.
) And c); archival materials relating to legal persons registered in the commercial register
cares if these agents disappeared without a legal successor;
care of archival records in digital form does not preserve the sanctity
their content and readability,

B) adopts the Czech Republic offer to purchase, donation or custody
archival and closes for the Czech Republic respective contracts

C) provides owners with archival free expert information and advisory services
,


D) perform the tasks of regional and provincial scientific and research work at
field of archives, auxiliary historical sciences and regional history,
cooperating with other archives and develop contacts with scientific,
cultural, educational and other institutions for
order to exchange experience in professional issues, scientific research and the cultural, educational, economic and homeland
use of archival

E) searches in records pertaining to his care for archival records
needs administrative authorities and other government departments, authorities
local government units, legal and natural persons, and make them
excerpts, copies and replicas

F) establish specialized libraries for the field of archival records
services and regional history

G) pursue publishing activities in the field of archives and records management
, history of administration, auxiliary historical sciences and history

H) carry out checks of the physical condition of archival
cultural monuments and national cultural monuments, unless they are entrusted to our care

I) carry out the inventory of archival materials announced by the Ministry,

J) carries out conservation and restoration of archival records

A) meet other professional archival tasks imposed by this Act.

Other administrative authorities in the field of archives and performance of records service

§ 50

Relevant ministries, other central administrative authorities, the Office
Chamber of Deputies, the Senate Office, Office of the President,
Czech National Bank, security forces and intelligence services of the Czech Republic
which have established specialized or security archives ,

A) through oversee the performance of records service departments in
their management competence, for they have established or based
organizational units and state governmental organizations or other legal entities
and supervise the activities of its administrative archives ,

B) decide on objections originator or the document owner against
protocol on the appraisal process and the protocol on the selection of archival records
outside appraisal proceedings (§ 10 paragraph. 3 and § 12 para. 3)
specialist or security archive, for which perform the function
founder

C) decide on filing researchers who have been denied access to archival records
shots or excerpts or copies of archival records
belonging to the care of specialized archives or security
archives, where they assume the role of the founder, || |
D) waive the obligation to maintain confidentiality in accordance with § 14 para. 1 u
employees enrolled in specialized or security
archives, where they assume the role of the founder,

E) perform other tasks in the area file services execution
imposed by law.
Specialised archives


§ 51

(1) organizational units of the state security corps, intelligence services
Czech Republic, state contributory organizations, state enterprises, high
, schools, General Health Insurance Company of the Czech Republic, public research institutions
except those for which performs the function
founder of the Academy of Sciences of the Czech Republic, and legal entities established by law may
establish specialized archives.

(2) In the care of specialized archives belong to archival records
arising from the activities of its founder or the activities of its legal predecessors and archival records
obtained by donation or purchase.

(3) specialized archives may operate as archives if he was
granted accreditation.

§ 52
Specialized archives


A) with the exception of the National Film Archive oversees the performance of records
services for its founder, and it established government departments and
state-funded organizations, oversees the activities of the administrative archives
its founder, if it is established ,

B) select archival records within the appraisal process for agents for which
oversees the performance of records service

C) select archival records outside of the appraisal management documents
offered founders gift, purchase or safekeeping of documents and
owners who request it, and with the exception of the National Film Archives
also a selection of archival documents outside the discarding management at
agents listed in subparagraph a)

D) maintain appropriate records of archival under this Act,

E) searches in records pertaining to his care for archival

Needs administrative authorities and other government departments, authorities
local government units, legal and natural persons, and make them
excerpts, copies and replicas

F) allows the conditions laid down in this Act to inspect
archival records pertaining to his care

G) take care of archival materials taken from the agents listed in subparagraphs a) and
c); unless simultaneously the digital archive, care of archival records in digital form
does not preserve the sanctity of their content and readability
,

H) takes care of archival records pertaining to his care on the day of its accreditation,
unless the Ministry of decision on accreditation otherwise

I) upon request submitted to the National Archives or the competent state
to regional archives to assess the protocol on the appraisal process and selection made
archival outside the shredding process,

J) carries out scientific, research, publishing activity in the area
archives, auxiliary historical sciences and disciplines
related content stored archival fonds and collections,

A) establish a specialized library in the extent necessary to implement
provided technical and scientific tasks

L) carry out checks of the physical condition of archival
cultural monuments and national cultural monuments, unless they are entrusted to our care

M) participate in elaborating national thematic registers of archival records
organized by the Ministry,

N) carry out the inventory of archival materials announced by the Ministry,

A) meet other professional archival tasks assigned by the founder,

P) ensures the preservation and restoration of archival materials.
Security archives


§ 53

(1) The Ministry, Defense Ministry, Ministry of Foreign Affairs,
National Security Agency, security forces and intelligence services
Czech Republic may establish security archives.

(2) Security Archives of the security forces and intelligence services of the Czech Republic


A) select archival records within the appraisal process for documents created
activity of its founder, even those for which has not been canceled
degree of secrecy

B) keep the basic records of the National Archival Heritage
all archives and archive collections belonging to his care;
archival data containing classified information shall be transferred to
secondary and central registers of the National Archival Heritage

C) perform other tasks specialized archives, with the exception of the task according to §
52 letter. and).

(3) Security Archive, except security archives pursuant to paragraph 2

A) select archival records within the appraisal process for documents created
activity of its founder, for which has not yet been abolished grading,

B) keep the basic records of the National Archival Heritage
all archives and archive collections belonging to his care;
archival data containing classified information shall be transferred to
secondary and central registers of the National Archival Heritage

C) take care of archival materials taken from its founder,

D) carry out the inventory of archival materials announced by the Ministry,

E) meet other professional archival tasks assigned by the founder.

(4) In cases of declassification of archival documents belonging to at
care of security archives transferred security archives, with the exception
security archives established security force and intelligence service
Czech Republic, these archival custody || | specialized archives of its founder, if it is established, otherwise
into the care of the National archives. Security forces and intelligence services of the Czech Republic
may deny access to archival records and provide copies
copies and extracts from them, where was canceled level of classification
contain information continues to be important for the protection of constitutional order, | || important economic interests, security and defense of the Czech Republic. About
filing researcher against a refusal of access to archival or providing
copies, transcripts and excerpts from them by the second sentence, the director shall
respective security forces or intelligence services
Czech Republic.

(5) The security archive searches in records pertaining to his care
archival needs for administrative offices and other organizational
of government departments, local governments, corporate and

Individuals and minutes of excerpts, copies and replicas and
allows you to inspect the archive materials.

(6) Security archives can act as an archive, unless it has been granted accreditation
.

Archives of local governments

§ 54

(1) Local governments may establish archives
territorial governments.

(2) Local governments, which have established archives
territorial governments, providing their expertise through archival
activities within the jurisdiction of local governments and performing other tasks
in the field of archives and performance of records services provided by
Act (§ 55 par. 1).

(3) Archive territorial government can act as an archive if
it has been granted accreditation.

§ 55

(1) Archive territorial government unless stipulated otherwise
,

A) supervises the performance of records service and its founder established by it
based or organizational units and contributory organizations or other legal entities
,

B) allows the conditions laid down in this Act to inspect
archival records pertaining to his care

C) maintain appropriate records of archival under this Act,

D) searches in records pertaining to his care for archival records
needs administrative authorities and other government departments, authorities
local government units, legal and natural persons, and make them
excerpts, copies and replicas

E) submit to the competent regional state archives for the retention proposals
assessment and make a selection of archival records

F) takes care of archival materials resulting from the activities of agents referred to in point
a); unless simultaneously the digital archive, care of archival records in digital form
does not preserve the sanctity of their content and readability
,

G) carry out checks of the physical condition of archival
cultural monuments and national cultural monuments, unless they are entrusted to our care

H) participate in elaborating national thematic registers of archival records
organized by the Ministry,

I) carry out conservation and restoration of archival records

J) carry out the inventory of archival materials announced by the Ministry,

K) performs scientific, research and publishing activities in the field
archives, auxiliary historical sciences, history, governance, regional
history, history of towns and villages, historic homeland and related disciplines,

L) establish a specialized library in the extent necessary to implement
provided technical and scientific tasks

M) meet other professional archival tasks in the field of archives and records management performance
intended founder.

(2) Accreditation archive territorial government formed its founder
entitled to receive free technical assistance from
National Archives or the competent regional state archives.
Private Archives


§ 56

(1) A private archives may establish a natural or legal person who
does not establish an archive under the foregoing provisions of this Act.

(2) private archives may operate as archives if it has been granted accreditation
.

(3) accreditation of private archives created its founder
claim to provide free technical assistance from the National Archives or
competent regional state archives.

(4) The founder of a private archive, which has been accredited, has the right to
one-off annual public contribution for operations
private archives. Its amount with respect to the possible cost of operation
private archives, care of archival owned by the founder or
it established legal persons and their protection
down implementing legislation.

(5) A request for a one-off annual public contribution to the operation of private archives
founder archive first exercises within 6 months
date on which the decision on accreditation of private archives
no later than 30 November of the year where accreditation was granted.
If you come into a decision on accreditation of private archive force after 30 April
calendar year, the archive founder apply
request for a one-off annual public contribution to the operation of private archives
next year together with the request by the first sentence. In subsequent years, the founder
obliged to assert the claim for this allowance by 30 April

Previous calendar year. The request was submitted to the Ministry.
If the application is implemented within a specified period, are entitled to provide
contribution in the calendar year expires.

§ 57
Private archives


A) maintain appropriate records of archival under this Act,

B) allows the conditions laid down in this Act to inspect
archival records pertaining to his care; the establishment of private archives
registered church or religious society, which was accorded
authorization to exercise special rights to access to archival records
governed by this Act and the internal regulation of registered churches or religious
company,

C) submit to the National Archives or the competent regional state archives
retention proposals under consideration and make a selection of archival records

D) take care of archival its founder and its legal predecessors
if so provided by the relevant archives in their choice; if not simultaneously
digital archive, care of archival records in digital form does not
maintaining the integrity of the content and legibility,

E) take care of archival other legal or natural persons who
's private archives deposited under the Deposit Agreement; if not simultaneously
digital archive, care of archival records in digital form
does not preserve the sanctity of their content and readability,

F) carry out checks of the physical condition of archival
cultural monuments and national cultural monuments, unless they are entrusted to our care

G) participate in elaborating national thematic registers of archival records
organized by the Ministry,

H) carry out the inventory of archival materials announced by the Ministry.

§ 57a

(1) Selection of archival documents, which has the obligation to keep the legal successor
public or private originator originator performs
archive that would be competent to make a selection of archival records for this
originator.

(2) Selection of archival documents forwarded to the public agency, private
author or their legal successor to ensure
professional management to the Registry operated by an entrepreneur who has been
awarded a concession for the management of the registry, performs an archive that
is competent to make a selection of archival records for this author or his legal successor,
.
Part 6


Accreditation archives and obligations of the founders archives

§ 58
Accreditation archives


(1) Applications for accreditation must archive in addition to the general requirements for filing
Administrative Code contain

) The name and address of the seat archive

B) the position of the archive in the organizational structure of the founder, if
founder legal person

C) the purpose of establishing an archive

D) copies of the registration sheets of the National Archival Heritage with data on archival records
on which the archive will look after

E) documentation rules founder if the originator specified in § 63 para. 1st

(2) The application under paragraph 1 shall also
evidence of compliance with the conditions set for the archive in § 61.

(3) The Ministry shall issue a decision on the application within six months from the date of filing
. The Ministry shall not grant accreditation archive if

A) an archive does not fulfill the conditions set out in § 61

B) the archive is not able to keep basic records of the National Archival Heritage
in accordance with this Act,

C) is the conservation of archival materials arising from the activities of the originator
according to § 51 paragraph. 1 as necessary to set up an archive, if it is a specialized
archive or

D) archival referred to in paragraph 1. d) have been selected as archival records
in conflict with the law.

(4) The accreditation of the archive is the legal successor to the founder
maintained only if the archives of territorial self
event of an amalgamation of municipalities or the municipality to connect
under a special legal regulation. ^ 23)

(5) dies a natural person who is the founder
accredited private archives or which passed accreditation under this Act
can archive the operation to continue until the end of proceedings
hearing Heritage || |
A) the heirs of the Act, unless the testamentary heirs

B) testamentary heirs and the surviving spouse, even if not the heir, if
co-owner of the assets used to operate archive

C) the surviving spouse meets the conditions referred to in point b), if the

Operation archive progressing heirs

D) an administrator, if it was to maintain the operation of the archive
appointed body projednávajícím heritage.

When the persons referred to in subparagraphs a) to c) intend to continue to operate
archives, are obliged to notify the Ministry
writing within three months from the date of death of the founder.
An administrator is obliged to announce the continuation of a ministry archives
writing within one month from the day he was appointed to this position.
After completion of the inheritance proceedings, the persons mentioned in subparagraphs a) to c)
continue operating the archives only if they continue to meet all the conditions for the operation
archive.

(6) The founder of the archive is obliged to promptly notify the Ministry
any changes in the facts that were presented in the application for accreditation
archives, in particular, changes in meeting the conditions set out in §
61st

(7) Within 3 months from the date of coming into force of the decision on granting accreditation
founder issues Archives Research Rules.

§ 59
Withdrawal of accreditation


(1) If the Ministry of the founder archive does not comply with the conditions
under which accreditation was granted, shall impose a duty
identified deficiencies and set a deadline by which it must be removed.
This period shall not be longer than one year.

(2) In accordance with paragraph 1 shall not affect the provisions of § 27 para. 2 and
§ 32 paragraph. 2 to 4

(3) If the founder of the deadline to comply with obligations imposed by paragraph 1
Ministry accreditation withdrawn.

(4) The Ministry may revoke accreditation if the founder archive
repeatedly failed to fulfill obligations other than those referred to in paragraph 1
imposed on him by the appropriate administrative authority in the field of archives and performance of records
services under this Act.

(5) The Ministry shall withdraw accreditation, if requested archive's founder,
within 6 months from the date of application.

(6) In case of withdrawal of accreditation designated by the Ministry archive in whose care they
archival belong. Archival materials can be placed in the custody
National Archives or regional state archives. In case of withdrawal of accreditation
founder of a private archive takes care of archival
on the basis of a written agreement founders archives another archive if you
founder of the private archives, which the accreditation is withdrawn, archival records
maintain them in their care. The founder of the archive, whose accreditation was withdrawn
shall inform the Ministry about the agreement within 60 days from the date when
took the decision on withdrawal of accreditation. Failing
ministry this notice within the prescribed period, the procedure under
first and second sentence accordingly. Costs associated with the transfer of the archival records
into the archive, which of them will be new or care which will be stored,
borne by the owner.

§ 60
Termination of accreditation


(1) In the event of dissolution of the legal person who is the founder of the archive
accreditation expires and pass to a legal successor.

(2) In case of death of a natural person who is the founder archive
accreditation expires, if it had acted in accordance with § 58 para. 5th

(3) The provisions of § 59 para. 6 in the case of termination of accreditation
apply mutatis mutandis.

§ 60a

Permission to archival storage in digital form

(1) An application for authorization to archival storage in digital form
may submit only accredited founder of the archive, except
when this request is part of the application for accreditation of the archive according to § 58

(2) An application for authorization for archival storage in digital form must
addition to the general requirements for filing by the Administrative Procedure contain

A) name and registered office address of the archive and locations of buildings in which they are located
archival storage in digital form,

B) the basis for deciding whether the archive meets the conditions set out in §
61 paragraph. 2 and 4

C) a description of the method of storing archival documents in digital form,

D) the concept of long-term storage and protection of documents for
transmission into a digital archive,

E) identification of archival records stored in digital form,

F) a list of metadata concerning archival documents in digital form
description and registration of archive files and description of the agents,

G) draft operational rules of the digital archive

H) National Archives confirm the successful completion of the trial shift

Archival documents in digital form to the National Archives.

(3) The Ministry will require a binding opinion to the National Archives
particulars of the application referred to in paragraph 2. c) to h).

(4) The Ministry shall issue a decision on the authorization to store archival records
in digital form within 1 year from the date of submission of the application.
Permission to store archival materials in digital form can not be granted if the binding opinion
National Archives to any requirements of the application referred to in paragraph 2
point. c) to h) is negative.

(5) The founders of safety arises archives permission to store archival records
in digital form from the law granting accreditation;
provisions on withdrawal archival storage in digital form at these archives
apply.

§ 60b

Revoke a license for storage of archival documents in digital form

(1) If the Ministry of the founder archive does not comply with the conditions under which it was
permission to store archival materials in digital form
granted saves his duty identified deficiencies and provides
deadline by which They must be removed. This period shall not be longer than one year.

(2) If the founder of the deadline to comply with obligations imposed by paragraph 1
Ministry permission to store archival materials in digital form
withdrawn.

(3) Permission to archival storage in digital form
ministry withdraws, if requested by the founder's archives, within six months from the date of submission of the application
.

(4) In case of withdrawal of permission to store archival materials in digital form
to archival records in digital form stored on the basis of a written agreement
archives founder, who was authorized to store archival materials in digital form
withdrawn, and founder of another digital archive
into the digital archive. The founder of the archive, which was authorized to
archival storage in digital form withdrawn, inform the ministry about
agreement within 60 days of the coming into force of the decision on withdrawal of authorization
archival storage in digital form.
Failing this ministry notification within the prescribed period, decides
records storing in digital form in the National Archives.

(5) The scope of the archive, whose founder was authorized to store archival records
digitally revoked the care of archival materials that were
stored in the digital archives or the National Archives, not the imposition of these archives
affected. Maintaining the integrity of the content and readability of these archival records
provides digital archives or the National Archives
.

§ 60c

Extinction permission to store archival materials in digital form

(1) Permission to archival storage in digital form
expires concurrently with imprisonment or termination of accreditation.

(2) Permission to archival storage in digital form
pass to a legal successor of the founder archive.

§ 61

(1) The National Archives, the security forces
regional state archives, founders of other public archives and private archives
founders are obliged to ensure that they met
construction-technical, space, safety, material financial and personnel
conditions for the care of archival and protection.

(2) Within the framework of fulfillment building and technical conditions referred to in paragraph 1
must be ensured that

A) building the archive was not located in floodplains and in protective zones
runways of airports,

B) building the archive was located outside the field of gas and dust
pollution

C) facilities for the storage of archival materials were secured against malicious
action of natural factors and phenomena caused by human activity, and it
particularly against penetration of water, steam, storm and sanitary sewers,
dangerous chemical and biological substances or action of physical phenomena and
against excessive dust, which could lead to damage or destruction of archival records
,

D) facilities for the storage of archival materials were placed above the bottom
water was natural or artificial ventilation to maintain
specified temperature and relative humidity and facilities were provided
instrument to measure these values ​​| ||
E) facilities for storage of archival magnetic recording
were protected from the effects of electromagnetic fields


F) archive, which is currently the digital archive, have at least two full
archival storage in digital form
spaced apart beeline less than 50 km, placed in locations that
its geographic character excludes current
or consequential harmful effects of natural phenomena or impacts caused by human activity
leading to damage or destruction of archival records
performance or requiring repairs.

(3) Within the framework of fulfillment of spatial conditions referred to in paragraph 1 shall be
ensured that

A) archive facilities have been divided into areas with public access and
areas without public access, the communication routes
two separate parts, does not intersect,

B) a room for reception and archival processing, storage room for
archival room for cleaning, disinfecting, preservation, restoration and processing of archival records
reprographic and room for storing archival records
reserved to study are- If established, they were always on the premises without
public access

C) in areas with public access has been established for
room designed using archival records (hereinafter "research room")

D) storing archival materials in the rooms for storing archival records
been reported plan to store archival and this plan was
after every change in location of archival documents immediately updated.

(4) In the fulfillment of security conditions in accordance with paragraph 1 shall be
ensured that

A) building archives have security documentation processing, which
must include measures against intrusion into
archive space, against theft of archival records and against terrorist attacks
; in specialized archives and security archives also
measures to ensure the security object,

B) building archives have documentation processing of fire, were equipped
electronic fire alarm and hand extinguishers and to
premises for storing archival records were only powder extinguishers,

C) mechanical and electronic security equipment placed on a
windows and doors on the building envelope up to the second floor or higher floors
, to which it would be possible to penetrate the horizontal elements
building construction, and inside the building at all places where they meet
spaces accessible to the public and open to the public,

D) archival areas without access to the public to ensure the protection
mechanical and electronic safety devices to prevent access by unauthorized persons and
burglar,

E) the keys to all entrances to archive space were stored in the archives
authorized employee who is required to keep records of their
dispensing and return, and that in cases where access to the archive space dominated
electronically, was set access rights of individual employees
archive

F) archival premises where they are stored national monument
been continuously guarded.

(5) Within the framework of fulfillment of material conditions under paragraph 1 shall be
ensured that

A) the archive was equipped with a device for making copies of archival documents, and if
manages micrographic records, also reading device on
microfilm

B) archival premises where they are stored archival records
were equipped with shelves for storing archival, and if it is necessary, as well as special
storage means for storing maps, plans, technical documentation and
archival large-format film and photographic records
sound and audiovisual archival records and documents in digital form,

C) research center facilities allow the use of portable computing resources
.

(6) Splňováním financial conditions referred to in paragraph 1 shall mean providing
mandatory minimum average annual costs in the budget for the operation of the founder
archive calculated by multiplying the sum of the average cost per
1 linear meter of archival records and the total amount saved archival records
calculated in linear meters.

(7) In order fulfillment personnel conditions referred to in paragraph 1 shall be
ensured that

A) leadership posts in the archives were filled by employees with a university degree
archival science or history or
relevant specialized field,

B) was accounted for at least one employee to managing 2,000 linear meters

Archival written character

C) a sufficient number of employees in the reading room so that one employee
fell to 10 researchers per day.

(8) Data on archival areas, including structural and technical documentation
structural calculations and founders are obliged to keep the archives in accordance with the actual state
. The results of measurements of temperature and relative humidity
capturing the fluctuations of monitored data out of tolerance with
kept for at least 10 years.

(9) Carrying capacity of floors in the premises for storing archival records
temperature and relative humidity in the premises for storing archival records and EUR
average annual cost per 1 linear meter of archival records
down implementing legislation.

§ 62

Annual Report on archives

(1) The National Archives, the Archives of Security Forces, regional state archives
, security archives, specialized archives except
specialized archives established by state subsidized organizations,
state enterprises, universities, schools and public research
institutions are obliged to prepare an annual report on its activities and
end of February of the following year is to pass
ministry and publish in a manner allowing remote access.
In the same period are obliged to prepare an annual report on its activities and
publish in a manner allowing remote access specialized archives
state contributory organizations, state enterprises, universities
schools, universities and public research institutions, archives of territorial
government units and private archives.

(2) The annual report on the activities of the archive contains information about

A) personnel conditions of the archives,

B) the total amount of stored archival records

C) selection, archival processing and use of archival materials,

D) state archival

E) conservation and restoration of archival materials.

(3) Annual reports of security archives contain data on
archival collections or archival records that have been canceled
classification and data referred to in paragraph 2. b) to e).
TITLE III



Records Service
§ 63

(1) Reference service is performed

) Public actors mentioned in § 3 para. 1 point. a) to e), i) and k) through m
)

B) Region

C) capital Prague,

D) municipalities with authorized municipal councils and municipalities with building or registry
Office

E) district or city district of a territorially divided statutory cities and urban
part of Prague, for which the statute was passed
least part of the municipality with authorized municipal office or scope
village building or registry Office

(Hereinafter the "determine the originators').

(2) The municipalities listed in paragraph 1, schools and public
actors mentioned in § 3 para. 1 point. g) and h) perform records management in a range
§ 64, § 65, § 66 § 67, § 68 para. 1-3, § 68a and 69a.

(3) Public actors mentioned in § 3 para. 1 point. a) to d), i), k)
am) counties and the city of Prague perform file service
in electronic form in the electronic records system;
If required by the specific nature of their competence, may exercise
filing service in paper form or in electronic systems
filing services conforming to the requirements under paragraph 4.
Public actors mentioned in § 3 para. 1 point . e), g), h), j) and l) and
municipalities are filing service in electronic form
electronic records management systems or in paper form.

(4) If public actors mentioned in paragraph 3 first sentence,
the specific character of the scope allows the performance of records services
paper form or electronically in electronic systems
records management, records management exercise in
electronic form in the electronic records system, which is part of the information
system for handling classified information ^ 34), this must
electronic records management system meet the requirements
national standard for electronic records management systems (hereinafter
"national standard"), with the exception of those requirements, the use of which eliminates
meet the certification requirements of the information system for handling classified information
^ 35), or the use of which eliminates the special nature of the scope
these agents; Electronic records management systems and

In these cases must allow the originator of performance of duties according to § 65 paragraph
. 5 and archived documents.

§ 64

Receiving, labeling, filing and distribution of documents

(1) Determining the originators provide income documents. In the case of documents in digital form
determine the originators to ensure their income is at least
data formats provided as output data formats or
document formats, which are built
authorized conversion of documents contained in the data message. If public originators
enable reception of digital documents in other formats
data or allow the reception of digital documents on a portable
technical media, will publish their report in the official
board or nezřizují- If the official notice board on its web site
.

(2) delivery of documents and documents created by the originator specified in the day, when they were
designated agents delivered or created by him, affix
unique identifier.
Unique identifier is affixed designated agents received documents containing erroneous data
format or computer program, which are capable of causing damage to computer technology
designated agent, and the documents are not subject
records that designated agent shall indicate in its filing Procedure.
Unique Identifier is the name of the document to ensure its uniqueness.
A unique identifier should be associated with the document.
Structure and details of the creation and management
unique identifier in the implementing legislation.

(3) Documents provided a unique identifier is recorded in the register
documents. Record of the document in the record of documents is associated with a unique identifier
document.

(4) separate functional parts of the registration document may be names
index designed to search, verification and automatic processing of data
addresses of senders and addressees of documents registered in this
records.

(5) The list of names are kept addressee of the senders and addressees
documents registered in the registration of documents, to the extent

A) the name or names, in the case of a natural person,
name and surname or supplement distinctive person or entrepreneur
type of business usually relating to this person or type of business
, in the case of a natural person is not entered in the commercial register
, business name or, in the case of a natural person
registered business or
legal person and the address for service by another
legal regulation ^ 33)

B) identification number, if the sender has been assigned

C) identifier data mailbox if the sender has been established.

(6) If the file or document known date of birth or social security number
sender or the addressee, these data can be also held in the name
Register pursuant to paragraph 5.

(7) For the purposes of searching in determining the list of names are originators
authorized to use the date of birth or social security number, the sender or the addressee
document, if the source file, which includes
document that should be sent to the addressee.

(8) Documents registered in accordance with paragraph 3 shall
relevant organizational units designated agent or person authorized on
whereby to make a record in the appropriate register of documents.

§ 64a

Treatment of documents marked "NATO UNCLASSIFIED" or "LIMITE"

(1) A document provided by North Atlantic Treaty Organisation or
European Union is in the interest of national security, public safety or
protection of the rights of third persons protected by these pathogens as "
NATO UNCLASSIFIED" or "LIMITE". In the Czech Republic this designation
respected for reasons of fulfillment of obligations arising for the Czech Republic
from its membership in the North Atlantic Treaty Organization or
European Union; such documents may be familiar person
it necessarily needs to perform its function, for employment or other similar
activity. Another person may be granted such a document with the consent of the originator
and under conditions set by it.

(2) The document referred to in paragraph 1 shall be treated so as to be acquainted with him
unauthorized person.

(3) A public authority, legal entity or natural person must

Marking documents with them caused by "NATO UNCLASSIFIED" or
"LIMITE". ".

§ 65

Processing and signing documents

(1) When processing documents, all documents relating to the same matter
together in a file. Documents in analog form are mutually connected physically
documents in digital form are mutually connected by means of metadata
interconnection document in analog form and the document in digital form, is
by reference.

(2) Sweep file refers to the drafting, approval,
copy, sign and dispatch decisions or other forms of execution.

(3) If the document is to be posted on the bulletin board, does so by posting
his counterpart bearing the date of publication. After removing the HOOK
copy dated and include removing the file of
as proof of posting the document on the notice board. The first sentence and second
does not apply to the publication of documents on the electronic notice board
.

(4) Documents designated agent signed by its statutory authority or
other person authorized to act on behalf or the person who was to
statutory body responsible.

(5) Upon settlement of the case file is closed. Closing the file means
completion of all documents belonging to the file, checked and topped
statements pursuant to § 66 para. 3 before being stored in the Registry and transfer
documents in digital form into the output data format and measures
metadata according to the national standard.

(6) closed the file can not be taken out individual documents.
Closed rather be connected to another file, if it has not expired
retention period.

(7) The use of stamps with the national emblem,
recognized electronic signature, electronic mark recognized and qualified time stamps
adjusts designated agent in file order.

(8) Public originators performing filing service in electronic form
in the electronic records system in accordance with § 63 para. 4 may
spisových in their jurisdictions to modify the use of specific technology
funds, which can be used exclusively for
replace the respective originator recognized electronic signature, electronic seal
recognized or qualified time stamp;
these special technological equipment must enable the detection of any subsequent changes to the data in the document
and unambiguously verify the identity of the person who is
joined him. The provisions of § 69a paragraph. 5, the special technological resources
apply mutatis mutandis.

§ 66
Heading left


(1) Determining the originators issue documentation rules.

(2) The classification order of the filing and retention schedule.
Filing and retention schedule lists the types of documents classified into groups with substantive
marked nomenclatural characters, characters shredding and shredding
deadlines. Determining agents sent to the filing and disposition plan to the appropriate
archive immediately after its issuance or amendment.
Relevant archives classification and retention schedule stored.

(3) Determination of the originators of the documents indicate nomenclatural characters, characters
shredding and shredding deadlines by classification and retention schedule.

(4) The beginning of the passage of the retention period provides a trigger, which means
processing document or closing the file. If a designated agent
for the document or file specifies a different reality
as a trigger attached to the retention period specified in the file and a retention plan
comment about this trigger event.

((5) Length of document retention period may be up to 100 years
unless special legislation provides otherwise ^ 36).

(6) The structure and details of processing classification and shredding plan
in the implementing legislation.

§ 67
Sending documents


To the addressee sent determining originators documents whose
is necessary that the service has been demonstrated or if it is determined
special legislation. ^ 26) documents certifying that the document was
delivered or a postal item containing the document has been delivered,
including the time when it happened, after the return of the designated pathogens
connects to the relevant document or inserted into the appropriate file.

§ 68
Saving documents


(1) all completed files and other documents designated as the originator, after
duration of the retention period stored in the registry. Documents can be

Imposed on the administrative archive, if you set up a designated agent.
Documents are stored by classification and shredding plan, and it
usually immediately after their execution, unless the nature of the matter requires that the processor had
Paperwork longer; This fact is noted in the records
according to § 64 para. 3rd

(2) access to documents stored in the registry or administrative
archives administrative body or court are general provisions on consultation
to the file in proceedings before administrative or judicial authority; this does not apply if
documents before storing in the registry or administrative archive
were publicly accessible. Inspection of documents containing classified information
, providing their copies, excerpts and copies
governed by a special law. ^ 2)

(3) In case of termination specified originator takes a Registry or administrative
archive its legal successor, the founder or the person to whom goes
scope of the defunct designated agent; if the legal successors and more
failing agreement between them to decide on takeover
Registry or administrative archives of the competent administrative authority in the field of archives and records management performance
overseeing the implementation of the appraisal process.
Notify the designated agent prior to its demise relevant archives of the measures
who, in connection with the demise made in relation to the Registry or administrative
archive.

(4) The building, which is located Registry or administrative archive
must meet the following conditions:

A) premises for storing documents must not be endangered by floods,

B) must be prepared for her to fire documentation and be equipped
hand extinguishers; in the premises for storing documents must be placed
type extinguishers,

C) premises for storing documents must be secured against
harmful effects of natural factors and phenomena caused by human activities
, particularly against penetration of water, steam, rain and sewage
sewage, hazardous chemical and biological
substances or exposure to physical phenomena and against excessive dust, which could lead to damage or destruction
documents

D) facilities for storing documents must be fitted with shelves for storing
documents

E) space for storing documents must be secured against unauthorized entry
person.

§ 68a
Filing separation


(1) If a designated agent is done filing legal separation. Prior to the commencement of processes
noisy designated agent execution plan filing legal separation
including a timetable, which is sent to the relevant archives.

(2) File separation conceived and implemented prior to its repeal
noisy designated agent, is completing her legal successor,
interfered designated agent, and if not him, the founder, the founder or the liquidator.

(3) Paperwork and closed files, which expired retention period,
ranks noisy designated agent in the appraisal process.

(4) Paperwork and closed files, which expired
retention period is stored in the Registry or administrative archives designated agent,
which is the legal successor to the canceled designated originator, founder
founder or originator; for which the competency aniklého designated
originator. If more successors and if there is no agreement between them,
decides to take over the Registry or administrative archives
competent administrative authority in the field of archives and performance of records service
overseeing the implementation of the appraisal process. Transmission of files and documents will be entered into
transfer list.

(5) Pending documents and unclosed files forwarded noisy designated agent
fact, on whom went powers to execute them. Disturbed designated agent
writes transmitted documents and files to the transfer list. One who went
competence to handle such registered documents and files, it takes
and filed under § 64.

(6) Determination of the originators down the procedure for implementing the separation of filing
spisových their orders.

(7) The provisions of paragraphs 1-6 to cancel the organizational part
designated agents, changing the scope of designated agents or their
organizational components and to change the owner or holder of the document
apply mutatis mutandis.

(8) If special legislation provides that the cancellation
organizational units designated agent, a change intended scope

Originator or its organizational units or change ownership or
holder of the documents transmitted to any person other than as indicated in paragraph 2
designed originator shall indicate this fact in the implementation plan
filing legal separation including unambiguous identification of this person.

§ 69

(1) Ministries and other central administrative authorities shall establish administrative archives.
The establishment of a report to the Ministry.

(2) identify the source not mentioned in paragraph 1 may establish administrative archive
Ministry's consent.

(3) Administrative archives, with the exception of administrative archives established by founders
specified in § 50 and § 51 paragraph. 1

A) supervises the performance file services for its founder,

B) takes documents from the repealed agents in managing the scope of its
founder and perform tasks such agents in the selection of archival records

C) adopts the Registry documents shredding periods longer than 5 years
, treats them, cares about them, allows access to them and providing
copies, excerpts and copies

D) prepares a selection of archival records within the appraisal process.

(4) Determination of the originators who have established administrative archives, lay
spisových orders deadline, after which the documents will be stored in the registry.
After this period, the documents, the retention period is longer than
period for storing documents in the Registry to transmit to the administrative archives.

§ 69a

Special provisions for documents in digital form

(1) Converting the document in analog form to digital document
form and vice versa and changing the data format of the document in digital form shall be conducted by the originator
procedure that guarantees the authenticity of origin
document, the integrity of the content, readability and security
conversion process or format changes.

(2) Connecting the data that arose during the preparation of the document to preserve
under § 3 para. 5, or transferring or changing the data format
document referred to in paragraph 1 and which are for the preservation of the document or transfer
or change the data format of the document necessary, is not
for failure integrity of the content of the document.

(3) Before converting a document in digital form on a document in
analog form, or by changing the data format of the document in digital form
designated agent verifies the validity of a recognized electronic signature
recognized electronic mark or qualified time stamps,
if they document in digital form fitted and force
qualified certificates on which they are based. Information about the outcome
verification and date of the transfer document in digital form on a document in analogue form
date or date format changes
document in digital form designated agent recorded and stored along with
document resulting from the transfer or change the data format.

(4) of digital documents generated by converting the document
analog form, or by changing the data format of the document in digital form
affix designated agent clause, which contains information regarding
transfer or change data format
signed by a recognized electronic signature of the person responsible for the transfer of a document in analogue form
or change the data format of the document in digital form or marked
electronic mark designated agent, and
a qualified time stamp. Data relating to the transfer
or changes the data format of the implementing legislation.

(5) unless evidence to the contrary, the document in digital form shall be deemed
right, if it was signed by a recognized electronic signature or electronic labeled
recognized brand name of the person to be at the moment
signing or marking entitled to, and subsequently for the duration
recognized electronic signature and qualified certificate on which
recognized electronic signature created or recognized
electronic mark and a qualified system certificate, on which it is renowned
An electronic tag based, provided a qualified
time stamp. This also applies to documents relating to the activities of agents
who are not designated agents.

§ 70

(1) The implementing regulation lays down the details of the filing service,
and

A) receipt of documents

B) the identification and registration documents

C) management of named registers and use the data they led,

D) the distribution of documents


E) the circulation of documents

F) the handling of documents

G) drawing up documents

H) signing of documents and the use of stamps

I) sending documents

J) store documents

K) details and structure of classification and retention schedule,

L) decommissioning documents

M) output data formats of documents in digital form,

N) filing legal separation,

O) the structure of the data record of the results of the verification
recognized electronic signature, recognized electronic mark or qualified time stamps
,

P) information concerning the transfer or change the data format of the document
contained in clause pursuant to § 69a paragraph. 4th

(2) National Standard, which the ministry published in the Bulletin of the Ministry
a manner allowing remote access,
establishes requirements for electronic records management systems, and it

A) receipt of documents

B) the identification and registration documents

C) searches, sending and viewing documents

D) store documents

E) decommissioning of documents and selection of archival

F) documentation of the life cycle of the electronic records system

G) filing and shredding plan

H) transaction protocol

I) management functions

J) metadata.

(3) The Ministry published in the Bulletin of the Ministry and in a manner allowing remote access
model rules of operation of the digital archive.
TITLE IV


CONTROL IN MATTERS Archives and Records Service

§ 71

(1) Compliance with the obligations in the field of archives and records service performance
perform

), The Ministry for public agents and archives except
intelligence services of the Czech Republic and their subordinate archives

B) at the National Archives

First government departments nationwide except
where this responsibility carries Security Services Archive, and
archives established by state agencies,

Second state-funded organizations established by law and state
autonomous organizations established a state organization with nationwide
and archives established by state
finance organizations,

Third public research institutions set up a state organization with nationwide
au archives created by those
public research institutions

Fourth legal entities nationwide established by law and
archives established by legal persons

Fifth cultural and scientific institutions if they have in their care archival records
which leads to secondary registers of the National Heritage
National Archives,

6th owners and holders of archive materials stored outside the archive, which leads
basic records of the National Archives,

7th private archives established entity referred to in § 46 para. 1 point.
C)

C) State Archives in their respective territories for

First government departments other than the nationwide and
archives established by state agencies,

Second state-funded organizations established organizational unit of the state
with other than nationwide and archives established by
state subsidized organizations,

Third State enterprises and archives established by state enterprises

Fourth legal entities established by law with non
nationwide and archives established by legal persons

Fifth local government units and archives established
territorial authorities,

6th organizational units of local government units,

7th legal entities established or established territorial self
total,

8th colleges and universities established archives,

9th Schools and archives established schools

10th health insurance and archives established
health insurers

11th public research institutions with the exception of those
set up a state organization with nationwide coverage and archives established
those public research institutions

12th cultural and scientific institutions if they have in their care archival records
which leads to secondary registers of the National Heritage State
Regional Archives,

13th owners and holders of archive materials stored outside the archive, resulting in

Basic records of the state regional archives,

14th private archives, with the exception of those for which this jurisdiction
administered by the National Archives,

15th Entrepreneurs who have been awarded the concession for the management of the Registry.

(2) If the Ministry decides to change the jurisdiction of the archive according to § 44
point. q) monitoring compliance with the obligations in the field of archives and records management performance
performs with the originator whose change of jurisdiction archive
concerns, or organizational components originator by the amendment concerns the jurisdiction
archive, the archive specified in the decision.

(3) The Ministry controls security archives on the basis
AARs.

§ 72

(1) control is exercised employee of the Ministry, the National Archives, the Archives
security forces or regional state archives, which
to conduct inspections in writing, delegate director materially relevant ministry or department
director of the archive (hereinafter referred to as "the controlling ").

(2) The auditors is based on control of authorized decision

A) prohibit activities that could damage or destroy documents or archival
or

B) impose appropriate measures to remedy the shortcomings identified and
correct them.

(3) A decision issued under paragraph 2 shall be appealed.
Appeal against the decision has no suspensive effect.

(4) The inspection carried out in accordance with § 71 para. 3, paragraphs 1-3
apply.
TITLE V



ADMINISTRATIVE OFFENCES
§ 73
Offences


(1) A person who commits an offense that

A) damage or destroy archival or documentary

B) return the borrowed archival or

C) exports archival material without permission according to § 29 paragraph. 1st

(2) A person who is an employee of the administrative office in the area
archiving and performance of records management, archive employee or employee
founder archive commits an offense by breaching the duty of confidentiality
according to § 14. | ||
(3) A natural person as the owner of the archival record, archival collection, archival fund
or comprehensive parts of which were initiated
proceedings for a declaration as cultural archival relic, commits an offense
by the contrary to § 21 para. 5 notifies the intended change their
location or intended transfer or transfer of ownership rights.

(4) A natural person as the owner or holder of archival records
commits an offense that

A) fails to archival records according to § 25 paragraph. 1 point. a)

B) contrary to § 25 paragraph. 1 point. c) notifies the transfer of title to archival records
or conclusion of a custody

C) inconsistent with § 29 par. 3 nedoveze archival records
intact back to the Czech Republic

D) contrary to § 30 paragraph. 1 at his own expense will not take security
copy is declared as Archival Cultural Relics or
national cultural monument, or

E) fails to ensure the preservation or restoration of damaged or endangered archival
cultural heritage or national cultural monuments according to § 30 paragraph
. 5th

(5) A natural person as the owner or holder of archival records
in analog form that is kept out of the archive and led in the records of the National Archival Heritage
competent archives according to their competence, commits an offense by
that does not pass the archives data according to § 25 paragraph. 2nd

(6) A natural person as the owner of the archival record commits an offense that does not offer archival records
priority to purchase pursuant to § 28 para. 1 and 2

(7) An offense may be fined up

A) 400,000 CZK, in the case of an offense under subsection 1. b) or to paragraph 4
. d)

B) 100,000 CZK, in the case of an offense under subsection 1. a) or c)
or to paragraph 4. C); if it is destroyed, damaged or illegally exported
not landed archival records

First the subject of proceedings for a declaration of cultural archival relic or
national monument, can be fined up to CZK 200 000,

Second archival cultural heritage, can be fined up to CZK 500 000

Third national monument, can be fined up to 1 million CZK,

C) CZK 50 000, in the case of an offense under paragraph 2, 3, paragraph 4 letter.
) Or e) or paragraph 6

D) CZK 5,000, in the case of a misdemeanor pursuant to paragraph 4. b) or paragraph
fifth

§ 74

Administrative offenses of legal entities and individuals

(1) A legal entity or natural person commits an administrative

Offense that

A) damage or destroy archival or documentary

B) return the borrowed archival or

C) exports archival material without permission according to § 29 paragraph. 1st

(2) A legal or natural person as the owner
archival record, archival collection, archival fund or comprehensive
part of which proceedings were initiated on declaring the archival
cultural landmark, commits an administrative offense that contrary to § 21 para. 5
notifies the intended change their location or intended transfer
or transfer of ownership rights.

(3) A legal person as the owner or holder of archival records
commits an administrative offense by

A) fails to archival records according to § 25 paragraph. 1 point. a)

B) contrary to § 25 paragraph. 1 point. c) notifies the transfer of title to archival records
or conclusion of a custody

C) inconsistent with § 29 par. 3 nedoveze archival records
intact back to the Czech Republic

D) contrary to § 30 paragraph. 1 at his own expense will not take security
copy is declared as Archival Cultural Relics or
national cultural monument, or

E) fails to ensure the preservation or restoration of damaged or endangered archival
cultural heritage or national cultural monuments according to § 30 paragraph
. 5th

(4) A legal or natural person as the owner or holder of archival records
in analog form that is stored outside archives and
led in the records of the National Archival Heritage appropriate
archive according to their competence, commits an administrative offense if it does not pass
archives data according to § 25 paragraph. 2nd

(5) A legal or natural person as the owner
archival commits an administrative offense if it does not offer archival records
priority to purchase pursuant to § 28 para. 1 and 2

(6) Public originator or a legal or natural person
as a private agent commits an administrative offense by
contrary to § 3 of the document does not keep or does not allow the selection of archival materials.

(7) A legal entity or a natural person as a private
originator or as the legal successor of the public or private
originator commits an administrative offense by
in conflict with § 3 para. 3 does not keep the document or will not allow the selection of archival documents in the case
of documents to which he had a duty to preserve documents and allow
selection of archival already originator, which is the legal entity or individual entrepreneur
legal successor.

(8) A legal or natural person who is an entrepreneur who has been
awarded a concession for the management of the Registry, commits an administrative offense that
conflict with § 3 para. 4 or failing to keep the document does not allow the selection of archival materials.

(9) The designated agent or agent referred to in § 63 para. 2
commits an administrative offense by

A) contrary to § 63 carries filing service,

B) contrary to § 66 para. 1 does not issue documentation rules or filing and shredding
plan, or in conflict with § 66 para. 2 does not identify the documents by shredding
order and classification and retention schedule nomenclatural characters
shredding signs and shredding deadlines

C) fails to comply with the conditions for storing documents pursuant to § 68 or

D) contrary to § 68 para. 1 does not save documents by classification and
shredding plan.

(10) Originator or its legal successor commits an administrative offense
by shredding process fails or does not allow monitoring of the implementation
appraisal process and selection of archival records within the appraisal process.

(11) for an administrative offense shall be fined up

A) 400,000 CZK, for an administrative offense under paragraph 1. b) or
para 3. d)

B) 200,000 CZK, for an administrative offense under paragraph 1. a)
paragraphs 6, 7, 8, 9 or 10,

C) 100,000 CZK, for an administrative offense under paragraph 1. c) or
para 3. C); if not landed illegally exported or archival


First the subject of proceedings for a declaration of cultural archival relic or
national monument, can be fined up to CZK 200 000,

Second archival cultural heritage, can be fined up to CZK 500 000

Third national monument, can be fined up to 1 million CZK,

D) 50 000 CZK, for an administrative tort pursuant to paragraphs 2, 3
point. a) or e) or paragraph 5

E) CZK 5,000, in the case of an administrative offense pursuant to paragraph 3. b) or paragraph 4.

Heading left


§ 75


Joint provisions on administrative offenses

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission, its consequences and
circumstances under which it was committed.

(3) Liability for an administrative offense if the administrative authority did not commence proceedings
within 2 years from the day when it learned of the latest
But within 20 years from the date on which it was committed.

(4) Administrative offenses under this Act shall be heard in the first instance
National Archives, the security forces or regional state archives
within its scope provided for in this Act.

(5) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of the
liability and sanctions to legal persons.

§ 76


Canceled TITLE VI


COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions


§ 77

(1) Decisions pursuant to § 14 para. 1, according to § 38 par. 1 and § 40 paragraph
. 2, the Administrative Code does not apply.

(2) The archival records are not subject to the provisions on registration of property
under the Accounting Act.

§ 78

(1) The Archive is obliged to fulfill the tasks set by the administrator of personal data
under a special law. ^ 17)

(2) Processing of personal data for archival purposes, including
conditions for access to archival and capture their transcripts, statements and copies
in cases not provided for by this Act by a special legal regulation
. ^ 17)

(3) The archive is not obliged to verify whether the data contained in records
belonging to his care are accurate or true.

§ 78a

The provisions of § 26 par. 1 and 2, § 27 para. 1 and 2, § 29 and 32 shall apply
for acts performed under this Act archival records
in digital form.

§ 78b

The rights and obligations of the founder archive exercised if the archive
which is a legal entity, the National Archives, regional state
archives and security forces, these archives.
Transitional provisions


§ 79

Archives of Prague and the cities of Brno, Ostrava, Plzen and Usti nad Labem


(1) Prague City Archives, Archives of Brno, Ostrava
City Archives, Archive of the City Archives and the city of Usti nad Labem, which
carry out activities under the existing legislation, as at the date of acquisition
force of this Act shall be construed as an accredited archives
local governments under this Act.

(2) In addition to the powers set out in § 54 and 55
Archive of the City of Prague, Brno City Archive, Archive of the City, Archive of the City Archives and
city of Usti nad Labem

A) carry out the selection of archival materials for agents for which oversee the performance
records management

B) take care of archival historical predecessors of local authorities and organizations
their cities and other archival records stored by them on the date of entry into force of this Act
,

C) perform the tasks in the field of archives and performance of records services set
this Act, to the extent that they exercise delegated powers
authorities of these cities, and against the originators covered by the scope of these bodies
cities

D) under contract ^ 29) take care of archival records
organizational units of the state and other public authorities and their legal predecessors
whose scope is covered or covered only within the city, and that is the
effective date of this Act, they saved

E) carry out the selection of archival documents outside the discarding proceedings in documents
offered by the city of Prague, the city of Brno, Ostrava, Plzen and Usti nad Labem
donation or for purchase documents or owners who so request
,

F) upon request submitted protocol on the appraisal process and selection of archival records
conducted outside the shredding process to assess
competent regional state archives.

(3) The competence of the Prague City Archives, the Archives
cities of Brno, Ostrava City Archives, the Archives of Pilsen and the City Archive
Usti nad Labem pursuant to paragraph 2 are delegated powers.

§ 80

(1) Moravian Provincial Archives in Brno and the Provincial Archives in Opava care also

Of archival records of former state and local government bodies and organizations
countries Moravian, Silesian and Moravian-Silesian.

(2) The National Film Archives ^ 30) and the Central Archives of Surveying, Mapping and Cadastre
, ^ 31), which operate under the existing legal regulations
, with the effective date of this Act shall be construed as an accredited specialist
archives under this Act.

(3) The archives of the special significance of the intelligence services of the Czech Republic,
which operate under the existing legislation, as of the date
entry into force of this Act shall be construed as security archives
by this Act.

(4) Archives Office of the President, Prague Castle Archive, Archive
Chamber of Deputies, the Senate Archives, the Military Historical Archive, Archive
National Museum, National Technical Museum Archives, Literary Archives
Museum of National Literature Archive of the Academy of Sciences of the Czech Republic
, Archives of the National Gallery in Prague, the Institute of the history of Charles University
-Archiv of Charles University Archives Masaryk University in Brno,
archive of the Czech technical University in Prague, Czech
television Archive , Czech Radio Archive and Archive of the technical University in Brno
, which operate under the existing legislation, the
to the effective date of this Act, be deemed accredited
specialized archives under this Act.

(5) Founders of existing archives of special importance and founders
governmental organizations, which include the archives of special importance
, with the exception of archives referred to in paragraphs 2-4, are required
within six months of commencement of this Act apply for accreditation
ministry archives as specialized archives or private archives or
notify the Ministry of the security establishment
archives and administrative archives. Until the accreditation, the longest
within three years of the effective date of this Act, the archives
which have applied for accreditation, regarded as a specialized archives
under this Act or private archives, also according to this Act.
Founder absence of a request by the deadline for accreditation, or unless
these archives to accreditation by the deadline given, or if notice
founder Security Archive establishment or administrative archive
ministry decided to impose archival records to the National archives or regional state archives
.

§ 81

Archives, which operate under the existing legislation and
which is considered the date of entry into force of this Act
accredited, they are required to do 10 years from the date of entry into force of this Act
prove to the Ministry that they meet the conditions set out in § 61.

§ 82

(1) Archival records stored in the archives before the effective date of this Act
remain in the existing archival care, unless this Act
otherwise. Exceptions are permitted because
The consolidation archive files stored in different archives. Exceptions decided to request
founders ministry archives.

(2) Archival records that were before the effective date of this Act
registered with the Czech Republic as part of the Unified
archival fund, the effective date of this Act become
archival records of the National Archival Heritage.

(3) Archival records that were before the effective date of this Act
recognized as cultural heritage, the effective date of this Act
become archival cultural monuments under this Act.

(4) Archival under thirty years, which were made available before
entry into force of this Act pursuant to special legislation ^ 32)
a system of disclosure under laws in force before
effective date of this Act, .

§ 83

(1) Archives, which operate under the existing legal
laws and regulations whose research
not complying with this Act shall be obliged within 6 months from the effective date of this Act
bring their research into compliance orders with this law.

(2) Determination of the cause, the filing and disposition order does not match
provisions of this Act, shall within six months from the date of entry into force of this Act
state filing and shredding order to comply with this Act
.

(3) Archival selected from documents created in the registers or

Documents that relate to issues of citizenship of the Czech Republic or
elections to territorial government councils,
Chamber of Deputies, the Senate and the European Parliament, belongs to care
National Archives or the competent regional state archives.

§ 84

Administrative proceedings commenced before the effective date of this Act shall
completed and fines will be imposed according to the existing legislation.

§ 85
Final provisions


(1) The effective date of this Act, the name of the Central State Archive
changing the name of the National Archives.

(2) The advisory body of the Minister of Interior for professional and scientific issues
archiving and performance of records management is the Scientific Council on Archives.
Further details about the organization and activities of the Scientific Council on Archives provides
its statutes and rules of procedure issued by the Interior Minister.

§ 86

Ministry will issue a decree to implement § 9. 2, § 15 para. 1, § 19,
§ 22a, § 24 para. 3, § 31 para. 2, § 36, § 40 par. 7, § 56 par. 4, § 61 paragraph
. 9, § 64 para. 2, § 66 para. 6, § 69a paragraph. 4 and § 70 para. 1st

§ 87
Repealing provisions


Repealed:

First Law no. 97/1974 Coll., On archives.

Second Decree no. 101/1974 Coll., On the recognition of archival cultural monuments
increased protection and archival as cultural and national cultural monuments
.

Third Decree no. 102/1974 Coll., Laying down details of the transfer of ownership to archival records
.

Fourth Decree no. 117/1974 Coll., Laying down the criteria for assessing
as archival documents and details of the appraisal process.

Fifth Decree no. 118/1974 Coll., On corporate archives.

6th Decree no. 225/1988 Coll., On the state archives and archives of national
committees.
PART TWO


Amendment to Act no. 2/1969 Coll., On establishment of ministries and other central government authorities
Czech Republic, as amended

§ 88

In § 12 para. 1 point. e) of the Act no. 2/1969 Coll., on establishment of ministries and other central
government authorities of the Czech Republic, as amended by Act No.
. 60/1988 Coll., Act no. 173/1989 Coll., Act no. 9/1990 Coll., Act no.
283/1991 Coll., Act no. 19/1992 Coll., Law no. 474 / 1992 Coll., Act no.
21/1993 Coll., Act no. 148/1998 Coll., Act no. 130/2000 Coll., Act no.
239/2000 Coll., Act no. 458 / 2000 Sb. and Act no. 62/2003 Coll., for
word "archiving" the words "and filing service."
PART THREE


Amendment to Act no. 455/1991 Coll., On Trades (Trade
Act), as amended

§ 89

Act no. 455/1991 Coll., On Trades (Trade Act)
amended by Act no. 231/1992 Coll., Act no. 591/1992 Coll., Act no. 600
/ 1992 Coll., Act no. 273/1993 Coll., Act no. 303/1993 Coll., Act no.
38/1994 Coll., Act no. 42/1994 Coll., Act no. 136/1994 Coll., Act no.
200/1994 Coll., Act no. 237/1995 Coll., Act no. 286/1995 Coll., Act no.
94/1996 Coll., Act no. 95 / 1996 Coll., Act no. 147/1996 Coll., Act no.
19/1997 Coll., Act no. 49/1997 Coll., Act no. 61/1997 Coll., Act no. 79
/ 1997 Coll., Act no. 217/1997 Coll., Act no. 280/1997 Coll., Act no.
15/1998 Coll., Act no. 83/1998 Coll., Act no. 157/1998 Coll., Act no.
167/1998 Coll., Act no. 159/1999 Coll., Act no. 356/1999 Coll., Act no. 358/1999 Coll
., Law no. 360 / 1999 Coll., Act no. 363/1999 Coll., Act no.
27/2000 Coll., Act no. 29/2000 Coll., Act no. 121/2000 Coll., Act no. 122
/ 2000 Coll., Act no. 123/2000 Coll., Act no. 124/2000 Coll., Act no. 149/2000 Coll
., Act no. 151/2000 Coll., Act no. 158/2000 Coll., Act no.
247/2000 Coll., Act no. 249/2000 Coll., Act no. 258/2000 Coll., Act no. 309/2000 Coll
., Law no. 362 / 2000 Sb., Act no. 409/2000 Coll., Act no.
458/2000 Coll., Act no. 100/2001 Coll., Act no. 120/2001 Coll., Act no. 164
/ 2001 Coll., Act no. 256/2001 Coll., Act no. 274/2001 Coll., Act no.
477/2001 Coll., Act no. 478/2001 Coll., Act no. 86/2002 Coll., Act no.
119/2002 Coll., Act no. 174/2002 Coll., Act no. 281/2002 Coll., Act no. 308/2002 Coll
., Law no. 320 / 2002 Coll., Act no. 88/2003 Coll., Act no. 130/2003 Coll
., Act no. 162/2003 Coll., Act no. 224/2003 Coll., Act no. 228
/ 2003 Coll., Act no. 274/2003 Coll., Act no. 354/2003 Coll., Act no. 438/2003 Coll
., Act no. 38/2004 Coll., Act no. 119/2004 Coll., Act no. 167/2004 Coll
., Act no. 257/2004 Coll. and Act no. 326/2004 Coll., is amended

Follows:

First In § 3 para. 3, at the end of subparagraph e) is replaced by a comma and the following letter
f), which, including footnotes. 23o) reads:

"Af) archiving. ^ 23o)

23o) Act no. 499/2004 Coll., On Archives and Records Service and amending certain laws
.".

Second Annex no. 3 licensed trade group 314: Other
at the end of the column 1, the words "keeping" in column 2
words "full secondary education or full secondary vocational education and
3 years of experience in administration ", in column 3, the following words
" the approval of the establishment and the integrity of all employees (§ 6.
2 of Act no. 455/1991 Coll.) ", in column 4, the words" State regional archive
according to the place of business "and in column 5
words" § 68 para. 1 of Act no. 499/2004 Coll., on archives and records service
and amending certain laws ".

§ 90
Transitional provisions


(1) Trade licenses to declare free trades on the basis
was previously operated activity that this law changed to
licensed trades "keeping", valid for a period of 1 year from the date of acquisition
of this Act, unless stated otherwise.

(2) Legal and natural persons who on the effective date of this Act takes
trade authorization pursuant to paragraph 1 and that they intend
after the expiry of the period specified in paragraph 1 continues to operate, which are from
effective date of this Act, subject to licensed trades
"keeping" shall within the period referred to in paragraph 1 request
concession application and submit documents verifying compliance
special conditions of business operation. Under this assumption may
continue their activities on the basis of the original Trades
permissions to the finality of the decision on the application for granting concessions
.

(3) A declaration delivered Licensing Office before the effective date
force of this Act and applicable under this Act to the licensed trade
"keeping" shall be deemed to apply for a license, unless
management completed before the effective date of this Act.
Unfinished proceedings for issuance of a trade license completes
under the new legislation.

(4) acts performed pursuant to paragraphs 1 and 2 shall be exempt from administrative fees
.
PART FOUR


Amendment to Act no. 301/2000 Coll., On registers, names and surnames and amending
some related laws, as amended

§ 91

Act no. 301/2000 Coll., On registers, names and surnames and amending
some related laws, as amended by Act no. 320/2002 Coll., Act No.
. 578/2002 Coll. and Act no. 165/2004 Coll., is amended as follows:

First In § 23 at the end of paragraph 2, the words "unless otherwise provided below
".

Second In § 23 paragraph 4 reads:

"(4) After a set time, duplicates registry books and collections
transmit documents for archiving competent regional state archives.
In the capital city of Prague will remain deposited in the Prague City Archives.".

Third In § 23, the following paragraph 5 is added:

"(5) The registration book must be in state district archives stored separately from
counterparts registry books or collections of documents.".

Fourth In § 56 after paragraph 1 new paragraphs 2 and 3 are added:

"(2) The registration certificate to be issued from registration in registry book
stored in the National Archives or in the Military History Archives,
exposing the Municipal Authority of Prague 1.

(3 ) the registration document which is to be released from registration in registry book
led to 31 December 1949 for the city of Prague, the Office shall issue
of Prague 1 and the city of Brno municipal Authority of Brno-
center.".

Existing paragraph 2 shall be renumbered 4.

Fifth In § 56 par. 4 the words "paragraph 1" is replaced by "paragraphs 1 to 3
".

§ 92
Transitional provisions


(1) After the time limits specified in § 23 of Act no. 301/2000 Coll., On
registers, names and surnames and amending certain related laws,
amended by Act no. 320/2002 Coll. Act no. 578/2002 Coll.
and this Act shall be deposited

A) registry book from the capital city of Prague City Archives
Prague

B) registry books, including duplicates and possibly collections of documents,

Jewish communities of the Czech Republic in the National Archives,

C) military registry book of the Czech Republic at the Military
historical archives.

(2) Within 10 years of the effective date of this Act shall prepare
National Archives micrographic copies of registry books and duplicates registry books
Jewish communities of the Czech Republic for the period up to 1949 and stored separately
. Within the same period draw up the Military Historical Archive
micrographic copies of registry books in the Archive and forward them to the National Archives
.
PART FIVE



Canceled
§ 93


Canceled PART SIX



Canceled
§ 94


Canceled PART SEVEN


Amendment to Act no. 131/2000 Coll., On the Capital City of Prague, as amended


§ 95

In § 17 para. 1 of Act no. 131/2000 Coll., On the City of Prague, as amended
Act no. 145/2001 Coll., Letter i) shall be deleted.

Existing letter j) is designated as letter i).
PART EIGHT


Amendment to Act no. 154/1994 Coll., On the Security Information Service, as amended


§ 96

In § 16 par. 5 of Law no. 154/1994 Coll., On the Security Information Service
, the words "and manages an archive of special significance ^ 5)" are replaced
words "security archives ^ 5)" .

Footnote. 5) reads:

"5) § 80 paragraph. 3 of Law no. 499/2004 Coll., On Archives and Records
service and amending some laws.".
PART NINE


Amendment to Act no. 273/1993 Coll., On certain conditions of production, distribution and archiving of audiovisual works
and amending and supplementing certain laws and certain other regulations
, as amended

§ 97

§ 6 para. 1 of Act no. 273/1993 Coll., On certain conditions of production,
distribution and archiving of audiovisual works and amending and supplementing some
laws and certain other regulations, the words "Special Archive
importance ^ 9) "is replaced by" specialized archives ^ 9). "

Footnote. 9) reads:

"9) § 80 par. 2 Act no. 499/2004 Coll., On Archives and Records
service and amending some laws.".
PART TEN


Amendment to Act no. 359/1992 Coll., On surveying and cadastral authorities
amended

§ 98

In § 3a point. f) of the Act no. 359/1992 Coll., on surveying and cadastral
bodies, as amended by Act no. 107/1994 Coll., Act no. 200/1994 Coll. and
Act no. 186/2001 Coll., the words "special archive významu2)"
replaced by "specialized archives ^ 2)."

Footnote. 2) reads:

"2) § 80 par. 2 Act no. 499/2004 Coll., On Archives and Records
service and amending some laws.".
PART ELEVEN


Amendment to Act no. 27/2000 Coll., Amending certain laws in
connection with the adoption of the Act on public auctions, as amended regulations


§ 99

In Act no. 27/2000 Coll., Amending certain laws in connection with
adoption of the Act on public auctions, a part of the fifth deleted.
PART TWELVE


Amendment to Act No.. 120/2001 Coll., On Court Executors and Execution
(Code of Execution) and amending other laws, as amended regulations


§ 100

In Act no. 120/2001 Coll., On Court Executors and Execution
(Enforcement Procedure) and amending other laws, as amended by Act no. 6/2002 Coll.
Law no. 279 / 2003 Coll., Act no. 360/2003 Coll., Act no. 53/2004 Coll.
Act no. 257/2004 Coll. and Act no. 284/2004 Coll., is part of the seventeenth
deleted.
PART THIRTEEN


Amendment to Act no. 320/2002 Coll., Amending and repealing certain Acts
in connection with the termination of district offices

§ 101

In Act no. 320/2002 Coll., Amending and repealing certain Acts
in connection with the termination of district offices, as amended by Act no. 426/2002 Coll
., Act no. 518/2002 Coll., Act no. 354/2003 Coll., Act no.
356/2003 Coll., Act no. 22/2004 Coll., Act no. 41/2004 Coll., Act.
99 / 2004 Coll., Act no. 237/2004 Coll., Act no. 326/2004 Coll. and Act no. 436/2004 Coll
., is part of the forty-fifth deleted.
PART FOURTEEN


Amendment to Act no. 107/2002 Coll., Amending Act no. 140/1996 Coll., On
opening the files of the former State Security, and
some other laws, as amended | ||
§ 102


In Act no. 107/2002 Coll., Amending Act no. 140/1996 Coll., On
opening the files of the former State Security, and
certain other Acts, Part Two repealed.
PART FIFTEEN



EFFICIENCY
§ 103

This Act comes into force on 1 January 2005.


Zaorálek vr Klaus vr



Špidla Appendix 1


Documents arising from the activities of companies, cooperatives and housing cooperatives
exception and notaries, which are these
under the conditions prescribed by this Act are required to store and allow them a selection of archival records


I. Documents relating to the activities of commercial companies and cooperatives, with the exception of cooperatives housing


First Documents about the creation, transformation and extinction originator

A) founding documents

B) statutes, regulations, rules of procedure, organizational rules and schemes

C) documents on the Transformation of legal persons

D) the documentation concerning the annulment and dissolution.

Second Documents management agent

A) reports and minutes of meetings of the statutory body and the supervisory board, the supervisory body
reports, minutes of general meetings with attachments,

B) the annual report,

C) the audit report.

Third Documents on the property of the originator

A) an extraordinary inventory of property in the development, division or liquidation
companies and cooperatives, with the exception of housing cooperatives,

B) contracts for the transfer of ownership rights to property and documents certifying
transfer ownership of the property,

C) documentation of registration and certification marks.

Fourth Financial documents

Financial statements.

Fifth Documents related to the core business of the originator

A) business plans, development studies,

B) documentation of products (final assembly drawings and reports, brochures,
catalogs, sample)

II. Documents relating to the activities of notaries

First Custom documents

Deeds.

Second Books, registers and other accounting devices by office
Procedure of the Chamber of Notaries of the Czech Republic

A) a list of wills,

B) a list of documents on the administration of inheritance

C) register maintained especially for writing applications

First acts in notarial activities pursuant to § 2 Notarial Code (except
legalization and vidimus according to § 73 and 74 notarial order)

Second legal assistance provided by a notary in the context of other activities under § 3
paragraph. 1 Notarial Regulations

Third other acts of notary under § 3 para. 2 and 3 Notarial Regulations
unless written to another register kept by the notary

D) the register of probate records of writings by a competent court has
notaries as judicial commissioners to handle and perform acts in probate proceedings
,

E) book of notarial custody,

F) Paper protests.
Appendix 2


The documents, which will be based on the content always read the selection for archival records


First Minutes of the meetings of legislative bodies, governmental and executive
and territorial governments at all levels

Second Statutes, articles, organizational rules and other documents
organizational structure, management, administration, management, control activities and their results


A) legislative bodies, government and executive power bodies and municipalities
at all levels,

B) judicial organizations of all kinds and degrees, notaries, government
prosecutors and their predecessors,

C) state contributory organizations and governmental organizations
municipalities and counties, economic, budgetary and other state organizations
controlled or managed by public authorities or national committees, and
predecessors, these organizations

D) trade organizations established or controlled by central and subordinate them
state authorities, local authorities and their
predecessors

E) cooperative organizations, their equipment and predecessors,

F) all the components and equipment of the armed forces and security forces

G) political parties, movements, associations, institutes, trade
organizations and employers

Third International contractual documents presidential, governmental and ministerial levels

Fourth Documents surveying and mapping, land

Fifth Documentation of important buildings

6th chronicles

7th Birth registries, devotees registered partners, deceased,

Military, students, members of chambers and associations, the collection of registry deeds
documents on the acquisition and loss of citizenship

8th Annual budgets, final accounts, annual accounts

9th Historical population census forms

10th Court sentences for political offenses, for crimes against humanity
limiting human rights and freedoms, for serious offenses against
life, health and property of citizens

11th Personal papers of prominent personalities of political, economic,
scientific, technological, cultural, religious, ecclesial and sporting life


12th Manuscripts significant literary works

13th Posting journals, indexes them, elenchou, stem leaves global
sheets and other types of basic accounting records management tools

14th Privatization projects

15th Rehabilitation writings

16th Class reports, catalogs, data sheets, protocols
final exams, graduation test protocols issued
elementary and secondary schools and reports of the state final examinations at universities


17th Documents arising from the activities of security forces during the communist totalitarian regime


18th The original negatives, duplicate copies and duplicating negatives
feature films, documentaries and animated films

19th Documents containing vital information about

A) the living conditions of the population in historical and constitutional
economic conditions,

B) strategies, policies and development planning
economy, including significant accounting and statistical reports and surveys

C) monetary policy,

D) of property conditions and their changes on the confiscation and restitution of property
,

E) legislation, international relations,

F) drafting legislation including unrealized proposals

G) state borders, territorial division of the state border
administrative districts, symbol of the state and local governments, local
names and their changes by merging and dividing communities

H) development and state of health, welfare and poverty relief
levels and housing

I) development and science and technology,

J) the development and the state of education, culture and arts, physical education and sport,

K) developments and the state of transport and communications,

L) zoning,

M) major changes and measures to protect the environment,

N) geological and soil surveys

O) technological developments, including patents on important inventions,

P) cultural monuments and their maintenance, reconstruction and protection

Q) the life and work of prominent personalities,

R) election results and the results of the referendums,

S) membership in international organizations.
Appendix 3

Heading left


Internal organizational units of the state provincial archives comprise at

A) State Regional Archive in Prague

First State District Archives Benesov,

Second State District Archive of Beroun,

Third State District Archives Kladno,

Fourth State District Archive in Cologne,

Fifth State District Archive in Kutna Hora,

6th State District Archives Nymburk headquartered in Lysa nad Labem,

7th State District Archives Melnik,

8th State District Archives Mlada Boleslav,

9th State District Archive in Prague-East, based in thinking

10th State District Archive in Prague-West, based in Dobřichovice

11th State District Archives Pribram

12th State District Archives Rakovník,

B) State Regional Archive in Trebon

First State District Archives Czech Budejovice

Second State District Archives Czech Krumlov,

Third State District Archives Jindrichuv Hradec,

Fourth State District Archives Sand,

Fifth State District Archives Prachatice,

6th State District Archives Strakonice,

7th State District Archives Tabor

C) State Regional Archive in Pilsen

First State District Archives, based in Domazlice Horsovsky Tyn,

Second State District Archive in Cheb,

Third State District Archive in Karlovy Vary,

Fourth State District Archive Klatovy,

Fifth State District Archives Plzen-jih based in Blovice

6th State District Archives Plzen-sever-based Plasy

7th State District Archives Rokycany,

8th State District Archives Sokolov headquartered in Jindřichovice,

9th State District Archive Tachov


D) State Regional Archives Litomerice

First State District Archive Czech Lipa,

Second State District Archives Decin

Third State District Archives Chomutov headquartered in Kadan,

Fourth State District Archives Jablonec nad Nisou,

Fifth State District Archives Liberec,

6th State District Archives Litomerice headquartered in Lovosice

7th State District Archives Louny,

8th State District Archive Most

9th State District Archives Semily

10th State District Archives Teplice,

E) State Regional Archive in Zámrsk

First State District Archives Hradec Kralove,

Second State District Archive Chrudim,

Third State District Archive Jicin,

Fourth State District Archives Nachod,

Fifth State District Archives Pardubice,

6th State District Archives Rychnov nad Kněžnou

7th State District Archives in Svitavy based in Litomyšl

8th State District Archive of Trutnov,

9th State District Archives Usti nad Orlici

F) of the Moravian Archives in Brno

First State District Archives Blansko

Second State District Archive Brno-Country in Rajhrad,

Third Breclav State District Archives, based in Mikulov,

Fourth State District Archives Brod,

Fifth State District Archive Hodonin,

6th State District Archives Jihlava,

7th State District Archive Kromeriz,

8th State District Archives Pelhřimov

9th State District Archives in Trebic,

10th State District Archives Uherske Hradiste

11th State District Archive Vsetin,

12th State District Archives Vyškov headquartered in Austerlitz,

13th State District Archive in Zlín,

14th State District Archive of Znojmo,

15th State District Archives Zdar nad Sazavou

G) of the Provincial Archives in Opava

First State District Archives, based in Bruntal Krnov

Second State District Archives Frydek-Mistek,

Third State District Archives Jesenik,

Fourth State District Archives Karvina

Fifth State District Archive of Novy Jicin,

6th State District Archive Olomouc,

7th State District Archives Opava,

8th State District Archives Prostejov

9th State District Archives Prerov,

10th State District Archive Šumperk.
Appendix 4



Canceled Selected provisions of amendments


Art. II Act no. 190/2009 Coll.
Transitional provisions


First Security archives, which operate according to existing legislation
shall be considered the date of entry into force of this Act
accredited. Their founders demonstrate to 3 years from the date of entry into force of this Act
Interior Ministry that security archives
meet the conditions set out in § 61, unless already done.

Second Determining inventors bring their records management, electronic records management systems
performed electronically and file
orders in accordance with law no. 499/2004 Coll., As amended, effective from the date of entry into force of this Act
into 3 years from the effective date of this Act
.

Third After a period of 3 years from the effective date of this Act
documents in digital format intended for skartačnímu management transferred after the conclusion
file to analog.

Art. II Act no. 167/2012 Coll.


Transitional provisions
Categorization archival documents and acts related to its implementation
made until the effective date of this Act shall remain unaffected by its closing
.

Art. II Act no. 56/2014 Coll.


Transitional provisions
Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.

1) Act no. 29/1984 Coll., On the system of elementary schools, secondary schools and
Colleges (Education Act), as amended.

Act no. 111/1998 Coll., On universities and on changes and amendments to other laws
(Universities Act), as amended.

2) Act no. 412/2005 Coll., On protection of classified information and security competence
.

3) § 17 of the Commercial Code, as amended.

4) § 38 of Act no. 21/1992 Coll., On Banks, as amended.

5) § 5 para. 2 and § 9 of the Act no. 101/2000 Coll., On protection of personal data and
amendments to certain laws, as amended.

6) For example, Act no. 218/2002 Coll., On Civil Service Employees

Administrative authorities and remuneration of these employees and other
employees in administrative offices (Service Act), as amended
regulations, the Act no. 312/2002 Coll., On territorial units and amending
some laws, as amended, Act No.
. 531/1990 Coll., On territorial financial authorities, as amended
, Act no. 89/1995 Coll., On State Statistical Service, as
amended, Act no. 361/2003 Coll.
on the service relationship of members of security forces.

11) Act no. 20/1987 Coll., On state monument care, as amended
regulations.

12) For example Act no. 403/1990 Coll., On the mitigation of certain property injustices
, as amended.

13) § 4. b) Act no. 101/2000 Coll., as amended.

14) Act no. 133/2000 Coll., On register of population and birth numbers in
amended.

15) For example Act no. 140/1996 Coll., On opening the files of
the former State Security, as amended, § 95 paragraph
. 2 and § 101 paragraph. 3 of Law no. 128/2000 Coll., On Municipalities (Municipal
Establishment), as amended, § 43 and § 58 par. 3 of Law no. 129/2000
. on regions (regional government), as amended,
§ 65, § 70 par. 3, § 87 para. 2 and § 94 paragraph. 1 of Act no. 131/2000 Coll., on capital
Prague, as amended.

16) For example Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure
), as amended, Act no. 99/1963 Coll., Civil
Procedure Code, as amended amended, Act no. 120/2001 Coll., on
Executors and execution (Enforcement procedure) and amending
other laws, as amended, Act no. 283/1991 Coll., on || | Police of the Czech Republic, as amended.

17) Act no. 101/2000 Coll., On protection of personal data and amending certain laws
, as amended.

18) § 19 of Act no. 219/2000 Coll., On the property of the Czech Republic and its
representation in legal relations, as amended.

19) § 70 of Act no. 218/2000 Coll., On budgetary rules and amending
some related laws (budget rules), as amended
.

20) Act no. 153/1994 Coll., On intelligence services of the Czech Republic,
amended.

22) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.

23) For example, § 24 of Act no. 128/2000 Coll., As amended
regulations, § 11 para. 4 and § 12 of Act no. 131/2000 Coll., As amended
.

24) Act no. 20/1966 Coll., On Public Health Care, as amended
regulations.

25) For example, the Commercial Code, as amended, Act no.
219/2000 Coll., As amended, § 103 paragraph. 1 of Law no.
128/2000 Coll., As amended amended, § 61 paragraph. 1 of Law no.
129/2000 Coll., as amended, § 72 para. 2 and § 97 para. 1
Act no. 131/2000 Coll., as amended amended.

26) For example Act no. 99/1963 Coll., Civil Procedure Code, as amended
amended, Act no. 141/1961 Coll., As amended
regulations Administrative Procedure Act no. 120/2001 Coll., as amended
regulations.

27) Act no. 552/1991 Coll., On state control, as amended
regulations.

28) Act no. 200/1990 Coll., On misdemeanors, as amended.

29) § 27 of Act no. 219/2000 Coll., As amended.

§ 659 and following of the Civil Code.

30) § 6 of Act no. 273/1993 Coll., On certain conditions of production, distribution and archiving of audiovisual works
, amending and supplementing certain acts and
some other regulations, as amended.

31) § 3a point. f) of the Act no. 359/1992 Coll., on surveying and cadastral authorities
, as amended.

32) For example Act no. 140/1996 Coll., As amended.

33) For example, § 46b of the Act no. 99/1963 Coll., As amended by Act no. 7/2009 Coll
.

34) § 34 of the Act no. 412/2005 Coll.

Decree no. 523/2005 Coll., On the security of information and communication

Systems and other electronic devices handling classified information and certification
shielding chambers, as amended
regulations.

35) § 46 para. 1 of Act no. 412/2005 Coll.

36) For example, § 90 of Act no. 301/2000 Coll., On registers, names and surnames
and amending certain related acts.