The Intelligence Services Of The Czech Republic

Original Language Title: o zpravodajských službách České republiky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42079&nr=153~2F1994~20Sb.&ft=txt

153/1994 Coll.



LAW



of 7 November. July 1994



the intelligence services of the Czech Republic



Change: 118/1995 Coll.



Change: 53/2004 Sb.



Change: 290/2005 Sb.



Change: 530/2005 Sb.



Change: 342/2006 Sb.



Change: 80/2006 Sb.



Change: 250/2008 Sb.



Change: 274/2008 Sb.



Change: 218/2009 Sb.



Change: 227/2009 Sb.



Change: 357/2010 Sb.



Change: 254/2009 Sb.



Change: 186/Sb.



Change: 170/Sb.



Change: 64/2014 Sb.



Change: 219/2015 Sb.



Parliament has passed the following Act of the United States:



Introductory provisions



§ 1



(1) this Act regulates in particular the status, scope, coordination,

cooperation and control of the intelligence services of the Czech Republic (hereinafter referred to as

"intelligence services"), to store the tasks of intelligence, administration

messages to these services and providing information to the intelligence services.



(2) the use of resource-specific information and guidance

records containing the names of persons of the security intelligence service and the

Military news, as well as the position of members of the news

services and their business ratios, by special laws of ^ 1).



§ 2



Intelligence agencies are the State authorities for the generation, collection and

evaluation of information (hereinafter referred to as "information assurance") important

for the protection of the constitutional system, major economic interests,

Security and defence of the Czech Republic.



The intelligence services and their status



§ 3



In the Czech Republic operates these reporting services:



security information service), which make up the revenue and expenditure

a separate chapter of the State budget,



(b)) the Office for foreign relations and information, whose budget is part of the

the Ministry of the Interior, the budget chapter



c) military intelligence as part of the Department of Defense ^ 2).



§ 4



(1) the head of the intelligence services directors.



(2) the Director shall be appointed by the security intelligence service, after discussion in the

the Committee of the Chamber of deputies of the Parliament of the relevant in matters of safety,

the Government. From the performance of his duties is the Director of the security intelligence service

responsible Government, which it also refers.



(3) the Director of the Office for foreign relations and information appoints and removes the

Minister of the Interior with the approval of the Government. From the performance of his duties is the Director of the Office

for foreign relations and information responsible to the Minister of the Interior.



(4) the Director of military intelligence, shall appoint, after consultation within the Committee,

The Chamber of deputies of the Parliament of the relevant in matters of safety,

the Defense Minister, with the approval of the Government. From the performance of his duties is the Director

Military intelligence responsible to the Minister of Defense, who also

the consent of the Government refers.



§ 5



The scope of the intelligence services



(1) the security information service secures information



and about the intentions and activities) directed against democratic basics,

sovereignty and territorial integrity of the United States,



(b)) the intelligence services a foreign power,



(c)) on the activities against the State and professional secrets,



(d)) on the activities of whose consequences can endanger the safety or

significant economic interests of the United States,



(e)) relating to organised crime and terrorism.



(2) the Office for foreign relations and information Department provides information with

origin abroad, important for the safety and protection of foreign

political and economic interests of the United States.



(3) military intelligence provides information



and) resulting in foreign countries, important for the defence and security of the United

Republic,



(b)) the intelligence services a foreign power in the area of defence,



(c)) about the intentions and activities directed against the guarantee of defence of the Czech

Republic, ^ 3)



(d)) of the intentions and activities affecting the classified information in the field of

defence of the Czech Republic.



(4) the intelligence services fulfils other tasks, if so determined by the Special

law or international treaty, to which the Czech Republic is bound.



§ 6



The internal organization of the intelligence services



The definition of the internal organization of the intelligence services and a closer definition of the

their action modifies the statutes. The statutes of the intelligence services approved

the Government.



§ 7



Responsibility for the activities of the intelligence services and their coordination



For the activities of the intelligence services and coordinate government it corresponds to.



§ 8



Reporting to the intelligence services and saving tasks news

services



(1) the President of the Republic served intelligence services and Government once a

year and whenever they request it reports on its activities.



(2) the President of the Republic shall transmit the intelligence services, the President of the

the Government and the competent members of the Government in the cases that they can't be detected

delay information immediately.



(3) State authorities shall transmit the intelligence services and police authorities

information about the findings, which belong to the scope of their competence; It

does not apply where disclosure would compromise an important interest pursued by the

the Intelligence Agency.



(4) the Government and the President of the Republic store intelligence tasks in the

the limits of the scope of these services. President of the Republic stores

intelligence tasks with the knowledge of the Government.



(5) reporting, transmission of information and the storage of the tasks referred to in paragraphs

1 to 4, the security information service is conducted through

the Director of the service and the Office for foreign relations and information and

Military intelligence through the competent Ministers. When

transmission of the information referred to in paragraphs 2 and 3 may be even with the

the knowledge of the Director or of the relevant Safety information services

the Minister.



Cooperation of intelligence services



§ 9



Intelligence services cooperate on the basis of agreements concluded by the

with the consent of the Government.



§ 10



Cooperation with the intelligence services foreign power intelligence

services take place only with the consent of the Government.



Provision of information the intelligence services



§ 11



the title launched



(1) within its jurisdiction can be claimed from the intelligence services of the institutions

public administration the necessary assistance and information held by those authorities in the

connection with the exercise of the tasks of State administration.



(2) the intelligence services are entitled to the financial

the Directorate should provide information obtained in the administration of taxes.

General financial Directorate does not have to comply with the request, if the

the provision of information may cause disruption to the proper performance management

taxes. Provision of the information referred to in this provision is not a violation of the

obligation of secrecy under the tax code; a violation of this

secrecy does not even use this information intelligence services

under this Act.



(3) intelligence provides the competent Government Department data held in

basic population register ^ 3a), the basic registry of legal persons,

natural persons-entrepreneurs and public authorities ^ 3a), the basic

territorial registry identification, addresses and real estate ^ 3a), in the basic

registry of the agendas of the public authorities and certain rights and obligations ^ 3a)

the population information system agendovém ^ 3b), the registry of social security numbers ^ 3b),

information system of strangers ^ 3 c) agendovém the information system records

civil licence ^ 3d), agendovém information system registration

travel documents ^ 3e), agendovém information system registration

diplomatic and service passports ^ 3e), registers of natural persons

acquired or expired state citizenship of the Czech Republic ^ 8), Central

arms register ^ 8), road vehicle registry ^ 3f), Central

road vehicle registry ^ 3f), register of historic and sporting

vehicle ^ 3f), records of the data about the toll ^ 3 g) ^ 3 h) register of drivers and

the central register of drivers of ^ 3 h) in a way that allows continuous,

and if it is technically possible, and remote access.



(4) criminal record shall issue an intelligence service, on request, a copy or

an extract from the criminal register, information about the release of the statement or copy of

of convictions, and for access to the transcript of the evidence

Criminal records, including information on the request. The request for

issue of a copy of or extract from the criminal register or information

in the first sentence, and a copy of or an extract from the criminal register with

to be transmitted in paper form or in electronic form, in a manner

allowing remote access; information other than a copy of or an extract from

criminal records, criminal record shall transmit in electronic form,

in a way allowing remote access.



(5) the provision of the data is the intelligence agency may request in

extent necessary for the performance of a particular task within its remit or

for the implementation of measures for the registration in the registers kept by the data protection,

information systems and registers referred to in paragraphs 3 and 4.



(6) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

the population of foreigners, or an information system only if they are in the shape of

the previous status quo.



(7) the Registration data protection means evaluating the records of

the provision and use of the data. Given the protected data are information about

persons who are related to the performance of the tasks of the intelligence services, in particular

about



members and staff) and the intelligence services,




(b) the persons acting for the benefit of) the intelligence services,



(c)) the persons who are the subject of interest to intelligence services,



(d) the persons close to the persons listed) in points (a) to (c)).)



Given the protected data are further information relating to resources

or serving documents under this or any other law to the

secrecy or concealment of the real identity of persons belonging to

the intelligence services, activities or actual interests news

the services and data related to service vehicles.



§ 11a



the title launched



(1) for the performance of a particular task within its remit are reporting

services shall be entitled to request in writing from banks including foreign banks and from the

savings and credit cooperative societies (hereinafter referred to as "the Bank") provide reports on

matters relating to the client, which are the subject of the Bank

secrets, or the provision of any such messages in the future period, and under the

provided that the acquisition of the required data in a different way was

ineffective or substantially difficult or impossible in the present case.



(2) the intelligence services are entitled to require that the message or

provision of reports referred to in paragraph 1 only after prior authorization

President of the Chamber of the High Court in Prague (hereinafter referred to as "judge").



(3) the judge shall decide on the grant of a message or news

without delay, on the basis of a written application of the intelligence service, which

contains basic identifying information about the client of the Bank, the reasons for

the provision of news and information about any previous requests for

messages, including information about how it was decided on this request.



(4) the decision to grant a message or a message contains a provision

Basic identification information about the client of the Bank, the definition of the period for

that message should be provided or for which the message should be

provided, and justification. Reporting in the future period can be

permitted only on as long as necessary, but no longer than for 3 months. Judge

can this period be extended on the basis of a new application, even repeatedly,

However, up to an additional 3 months.



(5) if the request is accepted, the judge shall issue a news service at the same time

an extract from this decision, which contains basic identifying information

about the client of the Bank and the definition of the period for which a message should be granted,

or for which the message is to be provided; does not contain a statement of reasons.

The Bank, which is obliged to report to the decision to grant or

the reports provide, together with the written request referred to in paragraph 1

submit this listing only in paper form, either as an original

or a certified copy of the original ^ 7), with the Bank for its internal

leaves simple needs a copy of this statement.



(6) If a decision on the future period, the intelligence

obliged to inform the judge about it on an ongoing basis, whether the reasons for granting the

reports persist. The judge is entitled to request these documents. At the same time

entitled to a permit to deliver messages at any time to remove.



(7) against the decision of the judge is not subject to appeal.



section 11b



The intelligence services are entitled to the extent necessary for the performance of

a specific task within its remit to require legal or natural

persons providing a publicly available telephone service information from

database of all its participants publicly available telephone services.



Review of the intelligence services



§ 12



(1) the activities of the intelligence services is subject to the control of the Government and the Parliament.

The scope and method of controlling the intelligence services Parliament provides for the

a special law.



(2) the intelligence service shall be included in the reports on its activities in accordance with § 8

paragraph. 1 also an indication of the number of cases, the provision of information in accordance with § 11 para.

2 and section 11a, in which the intelligence service involved, stating the

each of the areas covered by the intelligence services.



section 13 of the



The scope of the State authorities to check the performance of the tasks of the management

State property and the performance of the State budget under special laws

regulations of the provisions of this Act is not affected. ^ 4)



§ 13a



(1) other specific statutory review than under section 12 and 13 may

be in the establishments of the intelligence service carried out only with the consent of the

the Director.



(2) if the consent referred to in paragraph 1, shall ensure that the party responsible for

service performance control in their jurisdiction, and shall within 60 days from the date of

refusal to grant approval, a report on the outcome of the checks carried out have

the inspection authority which asked for your consent, except as provided in this

the inspection authority of a longer period.



(3) if it is not able to guarantee that the performance of intelligence control in its

scope, is required to allow performance inspection to the inspection authority. Can

However, the reserve's special conditions means of exercising such control.



The Chamber of deputies of the Parliament of information on the activities of the intelligence

services



§ 14



The Chamber of Deputies is on the activities of the intelligence services informed

the Government, through its competent authority for intelligence services

(hereinafter referred to as the ' competent authority ').



§ 15



(1) the Government shall inform the competent authority once a year and whenever he asks

on the activities of the intelligence services and in obtaining information

important for the protection of the constitutional provision, the relevant economic

the interests, security and defence of the Czech Republic.



(2) the Government once a year, shall provide the competent authority with data on the number of

cases, the provision of information in accordance with § 11 para. 2 and section 11a, in which

the intelligence services are operating, with an indication of the individual areas

the scope of the intelligence services.



section 16 of the



(1) the competent authority about the activities of the intelligence services can

be present only its members, unless that authority decides otherwise.



(2) the members of the competent authority, and other persons who will be attending the hearing

This authority on the activities of the intelligence services, are required to maintain the

confidentiality of the facts of which they become aware in the performance of their functions

or when participating in the deliberations of this body on the activities of the intelligence

services.



(3) the members of the competent authority, and other persons who will be attending the hearing

This authority may be deprived of their confidentiality obligations

only the resolution of the Chamber of Deputies.



(4) the provisions of paragraphs 2 and 3 shall not affect the provisions on the protection of

State secrets. ^ 5)



Special provisions concerning the Office for foreign relations and information



§ 17



(1) a member of the Office for foreign relations and information shows your

jurisdiction to the Office for foreign relations and information staff ID card

with registration number and an oral statement "the Office for foreign relations and

information ".



(2) a member of the Office for foreign relations and information is entitled to at

protection activities that intelligence takes place on the territory of the United

States, to keep and bear a firearm for service and use it in

cases of legitimate self-defence or extreme emergency.



section 18



(1) the Office for foreign relations and information can for protection activities,

which takes place on the territory of the United States, and if it is necessary for the

performance of the tasks in its scope, use tracking people and things, cover

papers, nástrahovou and safety and use people

acting on his behalf, which must be at least 18 years of age.



(2) the covering documents for the purposes of this Act, the means of the Charter and

objects used to secrecy of the real identity of the person. Cover document

the card may not be President of the Republic, a Deputy or Senator

Parliament, Member of the Government, a member of the Supreme Audit Office, or

the Governor of the Czech National Bank and the State Prosecutor or the service card

the judge, a diplomatic passport or document still living person.



(3) the Office for foreign relations and information issues covering documents

The Ministry of the Interior.



(4) the Office for foreign relations and information is entitled to ask for technical

use security monitoring of persons and goods and the bottom set and security

techniques for their own use as well as from other, authorized for this activity

authorities. In this case, is required to demonstrate that the use of tracking people and

things and the bottom set and security equipment was under this Act

enabled.



§ 19



(1) the Office for foreign relations and information is permitted to store,

store and use data on natural and legal persons, if

It is necessary for the performance of the tasks in its mission.



(2) the Office for foreign relations and information is obliged to secure the protection of the

the data contained in filings before the disclosure, misuse, damage,

loss and theft.



(3) the Office for foreign relations and information fact about record keeping

on the natural and legal persons or the contents of such persons

does not share.



section 20



Confidentiality measures activities



If this is necessary for the secrecy of their operations, intelligence

services and their members to use specific methods of reporting of data

When the management of the resources of the State budget, including foreign exchange

management, allocation of income tax, reporting of data for the purposes of

State social support, reporting, comprehensive health insurance

insurance and social security contributions to the State

employment policy. This particular method of reporting of data provides

the Government.



section 21



cancelled



section 22




The effectiveness of the



This law shall enter into force on 30 April 2005. July 1994.



Uhde in r.



Havel, v. r.



in the Lux v. r..



1) Act No. 154/1994 Coll., on the Security information service, as amended by

amended.



Law no 289/2005 Coll. on Military Intelligence.



Act No. 361/2003 Coll., on the service relationship of members of security staff

choirs, as amended.



2) § 16 para. 2 (a). e) Act No. 2/1969 Coll., on establishment of ministries and

other central bodies of State administration of the Czech Republic, as amended by law

No 290/2005 Sb.



3) § 16 para. 2 of the Act No. 2/1969 Coll.



3A) Law No 111/2009 Coll., on basic registers.



3B) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



3 c) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amending certain laws, as amended.



3D) Act No. 326/1999 Coll., on civil, as amended

regulations.



3E) Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(the law on travel documents), as amended.



3F) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended.



3 g) Act No. 13/1997 Coll. on road traffic, as amended

regulations.



3 h) Act No. 361/2000 Coll. on road safety and on

amendments to certain laws (road traffic law), as amended by

amended.



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

Act No. 333/1993 Coll., Act No. 576/1990 Coll., on rules

management of the budgetary resources of the United States and municipalities in the Czech

Republic (Republic budget rules), as amended

regulations.



5) Act No. 102/1971 Coll., on the protection of State secrets, as amended by

amended.



7) § 72 para. 1 (b). and) and § 72 para. 2 Act No. 357/1992 Coll., on the

notaries public and their activities (notarial regulations), as amended

regulations.



8) Act No 119/2002 Coll., on firearms and ammunition (law on

weapons), as amended.



8) § 50 et seq. Act No. 186/2013 Coll., on state citizenship of the Czech

of the Republic.