On The Protection Of Classified Information And On Amendments To Certain Laws

Original Language Title: o ochraně utajovaných skutečností a o změně některých zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46692&nr=148~2F1998~20Sb.&ft=txt

148/1998 Coll.



LAW



of 11 December 1997. June 1998



on the protection of classified information and on amendments to certain laws



Change: 164/1999 Coll.



Modified: 18/2000 Sb.



Modified: 29/2000 Sb.



Change: 363/2000 Sb.



Modified: 30/2000 Sb.



Change: 60/2001 Sb.



Change: 322/2001 Sb.



Change: 310/2002 Sb.



Change: 151/2002 Coll., 320/2002 Coll.



Change: 436/2003 Coll.



Change: 257/2004 Coll.



Change: 386/2004 Sb.



Change: 190/2005 Sb.



Change: 220/2005 Sb.



Change: 290/2005 Sb.



Change: 413/2005 Sb.



Change: 342/2006 Sb.



Change: 250/2008 Sb.



Change: 41/2009 Sb.



Change: 255/2009 Sb.



Parliament has passed the following Act of the United States:



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Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll., Act No. 114/1994 Coll., Act No. 224/1994 Coll., Act No.

58/1995 Coll., Act No. 237/1995 Coll. and Constitutional Court of the Czech

No. 303/1995 Coll., is amended as follows:



The provisions of section 21 (a). (c)), including notes no ^ 4) reads as follows:



"(c)) to review classified information, show the certificate

for the classification of those facts, issued pursuant to

Special Act. ^ 4)



4) Act No. 148/1998 Coll., on the protection of classified information and amending

Some laws. ".



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CHAPTER FIVE



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Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

Court of the Czech Republic No. 214/1994 Coll. of the Czech Constitutional Court

No. 8/1995 Coll., Act No. 152/1995 Coll., Act No. 150/1997.

and Act No. 209/1997 Coll., is amended as follows:



1. In section 8 paragraph 1. 3, the words "the State and economic secrets" are replaced by

the words "secret classified information protected by a special law."



2. In article 35, the following paragraph 3 is added:



"(3) in criminal proceedings in which the discussion of classified information

protected by a special law, is a body active in criminal proceedings shall be obliged to

defence counsel instructed under such law. As follows in the case of people,

whose participation in the proceedings cannot be ruled out. The lessons learned will make

the record in the file. ".



3. In article 50, paragraph 3 reads:



"(3) the agent of the person concerned, and the injured party in criminal proceedings, in

which discuss classified information protected by a special law,

can only be addressed to the person by a special Act or a person referred to in

such law educated. ".



4. In paragraph 65, paragraph 5 is added:



"(5) when allowing access to the files it is necessary to take such measures,

in order to maintain the secrecy of classified information protected by special

law. ".



5. In § 99 paragraph 2. 1, the words "which constitute a State secret," shall be replaced by

the words "relating to classified information protected by special

the law ".



6. In § 99 paragraph 2. 3 in the second sentence, the words ' the facts constituting the

subject to professional secrecy "are replaced by the words" of classified

the facts classified in a special law classification

"Confidential" or "reserved". ".



7. in paragraph 2 of section 200. 1, the word "secret" is replaced by "classified

the fact ".



8. In § 201 of paragraph 1. 2 the last sentence, the words "secrets protected"

replaced by the words "protected classified information".



9. In § 201 of paragraph 1. 3, the words "the State, economic or service

the secret "shall be replaced by the words" classified information protected

a special law ".



CHAPTER SIX



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Act No. 2/1969 Coll., on establishment of ministries and other central bodies

the State administration of the Czech Republic, as amended by law No 34/1970 Coll., Act

No 147/1970 Coll., Act No. 125/1973 Coll., Act No. 25/1976 Coll., Act

No 118/1983, Coll., Act No. 61/1988 Coll., Act No. 173/1989 Coll.,

the legal measures of the Bureau of the Czech National Council No. 9/1990 Coll.

Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No. 202/1990 Coll.,

Act No. 288/1990 Coll., legal measures, Presidium of the Czech national

Council No. 305/1990 Coll., Act No. 576/1990 Coll., Act No. 171/1991 Coll.,

Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No. 23/1992 Coll.,

Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No. 241/1992 Coll.,

the legal measures of the Bureau of the Czech National Council No. 350/1992 Coll.,

Act No. 357/1992 Coll., Act No. 357/1992 Coll., Act No. 478/1992 Coll.,

Act No. 555/1992 Coll., Act No. 21/1993 Coll., Act No. 166/1993 Coll.

Act No. 283/1993 Coll., Act No. 47/1994 Coll., Act No. 89/1995 Coll.

Law No. 289/1995 Coll., Act No. 135/1996 Coll., Act No. 272/1996 Coll.,

Act No. 152/1997 Coll. and Act No. 15/1998 Coll., is amended as follows:



1. In article 2 (2). 1, point 9 of the dot replaces the comma and the following point

10, which reads as follows:



"10. The national security authority.".



2. In article 12 paragraph 2. 1 shall be deleted and the letter l) after the letter k) with a comma

is replaced by a dot.



PART FOUR



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Regulation (EEC)



Act No. 102/1971 Coll., on the protection of State secrets in the

amended by Act No. 382/1990 Coll. and Act No. 563/1991 Coll.



§ 89



The effectiveness of the



This Act shall take effect on the first day of the fourth calendar month

After the date of its publication, with the exception of § 7, which shall take effect on the thirtieth

on the day following the date of its publication.



Zeman in r.



Havel, v. r.



Tošovský in r.



Selected provisions of the novel



Article II of Act No. 366/2000 Coll.



Transitional provisions



1. security screening carried out before the date of entry into force of this

law pursuant to Act No. 148/1998 Coll., as amended,

After the period of validity of the certificate be considered security clearance

carried out pursuant to Act No. 148/1998 Coll., as amended, and

as amended by this Act.



2. security screening commenced before the date of entry into force of this

law pursuant to Act No. 148/1998 Coll., as amended,

completed pursuant to Act No. 148/1998 Coll., as amended and in

the text of this Act, account data and findings, which

not according to Act No. 148/1998 Coll., as amended and in

the text of this law, for the implementation of the security clearance required.




3. in the case brought by the security clearance (II). the degree of a person referred to in section 8a

paragraph. 1 the authority shall transmit the file to the proposed security person, that this

person, within 30 days from the date of entry into force of this Act

The Ministry.



Article II of Act 310/2002 Sb.



Transitional provisions



(1) this Act also applies to complaints that have not been resolved to the

the effective date of this Act.



(2) a certificate issued under the former legislation shall remain in

force pending therein and are deemed to be certificates issued

under this Act.



(3) the Sensitive activity can perform as well as the natural person who is not

possession of a valid document, for a maximum period of two years from the date of

the effectiveness of this Act if, within three months from the effective date of this

law or within three months from the commencement of performance of the sensitive activities will be

an application under section 81f.