289/2005 Sb.
LAW
of 16 December 2002. June 2005
about Military news
Change: 274/2008 Sb.
Change: 254/2009 Sb.
Change: 273/2009 Sb.
Change: 64/2014 Sb.
Change: 250/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
BASIC PROVISIONS
§ 1
(1) there is hereby established as a uniform armed military intelligence
intelligence service of the Czech Republic.
(2) the status and scope of military intelligence and its cooperation with the
other intelligence agencies the United States regulates the Special
legal regulation ^ 1).
PART TWO
THE POSITION OF MEMBERS OF MILITARY INTELLIGENCE
§ 2
The tasks of the military intelligence holds the members of the military
News, who are in the prison service under the law on the army of
profession, and staff in the military news ^ 2a), who
the performance of the tasks involved in military intelligence, to the extent that
Specifies the status of the military intelligence ^ 2b).
§ 3
Members of the military intelligence in carrying out its tasks are
required to take care of the honor, the dignity and the dignity of persons as well as their own, as well as
the fact that persons in connection with their activities did not produce damage or
Another disproportionate harm.
§ 4
Members of the military intelligence show their affiliation to the
Military intelligence staff ID card with registration number and
an oral declaration "military intelligence".
§ 5
Members of military intelligence in the service of
the professions are allowed to keep and bear a firearm and to use the service
it in the case of necessary self-defence or exigency ^ 3).
PART THREE
SPECIFIC MEANS OF GETTING INFORMATION
§ 6
Specific means of obtaining information, for the purposes of this Act,
means the use of intelligence resources and persons acting in
benefit of military intelligence.
TITLE I OF THE
NEWS RESOURCES
§ 7
(1) military intelligence is entitled in the scope of their scope of use
news resources, which are
and reporting technology,)
(b)) covering documents
(c)) covering the resources
d) tracking people and things.
(2) military intelligence is required to ensure the protection of the intelligence
resources from disclosure, misuse, damage, destruction, loss and
theft.
§ 8
Intelligence technology
(1) Intelligence technology for the purposes of this Act, means the
the technical means and equipment, especially electronic, fototechnické,
chemical, physico-chemical, mechanical, optical, radio technical or
their files used classified manner if it is tampered with by them
the fundamental rights and freedoms in the
and) search, examination or opening, evaluation of transported
consignments,
(b)), or recording of telecommunications eavesdropping,
radiocommunications or any other analogous, including discovery
information about this operation,
c) acquiring, sound or other records,
(d) the use of technical means) that would prevent
or make it difficult to carry out the tasks within the scope of the military
News,
(e) identification of persons or objects), where appropriate, when determining their
the movement for the use of security and detection techniques.
(2) Using intelligence techniques, if it is not tampered with in the
fundamental rights and freedoms, is not
and, listening, capture) monitoring and evaluation of the information
are disseminated in a manner that allows access to them in advance of undetermined
the categories of persons,
b) acquiring or phonograms,
(c) the use of security devices, and bottom) techniques
(d) the monitoring of telecommunications, radiocommunications) or other
a similar operation without tapping its content, where applicable, the discovery
information about this service.
§ 9
Using intelligence techniques
(1) military intelligence may only be used after an intelligence technique
prior written permission of the presiding judge of the High Court of the relevant
According to the headquarters of the Ministry of defence (hereinafter referred to as "judge") and provided
that the detection or documenting the activities for which is to be used,
It was otherwise ineffective or burdensome or substantially in the
the case impossible.
(2) the use of the intelligence techniques may not exceed the scope of the authorisation
the judge referred to in paragraph 1 and shall not interfere with the rights and freedoms of strictly
necessary.
(3) military intelligence may technically secure use
intelligence techniques as well as for the needs of other authorized organs, if the
request and submission of the appropriate permission to use news
techniques issued under a special legal regulation ^ 4).
(4) military intelligence is entitled to ask for technical support
use the reporting techniques for its own account and from the other, to this
the activities of authorized institutions. In this case, it is required to demonstrate that the
using intelligence techniques, it was under this Act enabled ^ 5).
(5) military intelligence is authorized, to the extent necessary for the performance of
a specific task require legal or natural persons providing
a public communications network and/or publicly available service
electronic communications
and, where appropriate, the establishment of a security) interface for connecting the
telecommunications devices for the interception or recording of messages at specified
points of their network, and
(b)) the provision of operational or location data, in the form and manner
in the scope of specific legislation ^ 18).
§ 10
Permission to use the intelligence techniques
(1) permission to use intelligence issues the judge on the basis of techniques
a written request that contains
and intelligence techniques, species) that is to be used, the duration of its
use the basic identifying information about the person to be
Intelligence technique used, if these are known, the number of
telephone or other similar stations, if it is to be implemented
interception or recording, and if known, the location of use
intelligence techniques; It is to be used against intelligence technician
constitutional factors, or its use is to be interfered with to the right
inviolability of the dwelling, this information must be included in the request,
b) reasons for using intelligence techniques including the preamble to the terms of
for its use laid down in § 9 para. 1,
(c) information on any previous) request about the use of intelligence
techniques against a person referred to in subparagraph (a)), including information on how it was
This request has been made.
(2) a judge on an application for authorisation to use the intelligence techniques
shall decide without delay.
(3) the use of the intelligence techniques can enable only the strictly necessary
time, but no longer than for a period of three months; This time can be based on new
the application may be extended, however, by a maximum of three more months.
(4) the decision on the authorisation to use intelligence technology provides the kind of
intelligence techniques that can be used, the duration of its
use the basic identifying information about the person to be
Intelligence technique used, if these are known, the number of
telephone or other similar stations, if it is to be implemented
interception or recording, and if known, the location of use
intelligence techniques, and the justification for the authorisation to use the intelligence
techniques.
(5) the judge shall issue a decision on the authorisation to use the
intelligence techniques from this listing decision, which contains the
the most necessary identifying information and whether it can be
interfered with the right of inviolability of the dwelling; the listing does not include
justification.
(6) if the judge rejects the request for permission to use news
techniques, the decision to refuse.
(7) against the decision granting or refusing the request for authorisation to
using intelligence techniques is not subject to appeal.
§ 11
Review the course of using intelligence techniques
(1) the judge is entitled to request information from military intelligence
to assess whether the reasons for using intelligence techniques.
(2) if the judge finds that the reasons for using intelligence techniques
have passed away, enabling its use be withdrawn.
§ 12
In writing, without delay, inform the military intelligence of the judge about their
using intelligence techniques.
section 13 of the
Backing papers
(1) the code is a document for the purposes of this Act, a Charter,
or other document used for the concealment of the real identity of
Member of military intelligence or the confidentiality of its jurisdiction to
Military intelligence or the confidentiality of the actual interests or objects
Military intelligence.
(2) a cover document should not be President of the Republic, Member of the licence
or Senator of Parliament, Member of the Government, the Governor of the Czech National Bank,
Member of the Supreme Audit Office, the judge of the Constitutional Court,
service card or the Prosecutor or the judge proof living
of the person.
(3) the Covering document provides military intelligence on the basis of the decision of the
its Director.
(4) release the covering document provides Military news
The Ministry of defence, Ministry of the Interior or the security information
the service.
(5) If this is due to the nature of the document, it is necessary to cover the military
the news has been authorised to the extent necessary to provide the information
systems conducted under special legislation to insert, change
or cut (physical erase) data related to the covering document,
or blocking ^ 6) of such data. The public authority competent to
the management information system is required to provide for the implementation of these
acts necessary assistance.
(6) military intelligence keeps records of bearing cover documents.
§ 14
Cover resources
(1) a cover means for the purposes of this Act, a thing that
It is not by the Charter or another document, or an activity space for
the concealment of the actual identity of the person or the activities of the military
the news.
(2) the cover means of affixes or establish military intelligence on
the basis of the decision of its Director.
(3) military intelligence keeps records of bearing and set up cover
resources.
§ 15
Tracking people and things
(1) the monitoring of persons and objects, means of gaining knowledge about people and
matters carried out by way of technical or other classified
resources.
(2) on the application of tracking people and things and its documentation shall act on
request of the Director of military intelligence, Defense Minister.
(3) military intelligence is entitled to ask for technical support
the use of tracking people and things for your own use as well as from others, to this
the activities of authorized institutions. In this case, it is required to demonstrate that the
use the monitor was under this Act enabled ^ 4).
TITLE II
THE USE OF PERSONS ACTING FOR THE BENEFIT OF MILITARY INTELLIGENCE
section 16 of the
(1) military intelligence is authorised to use in carrying out its tasks
a person acting on his behalf.
(2) a person acting for the benefit of military intelligence means
a natural person at least 18 years of age, providing a volunteer Military
news information or services in such a way that it is not
divulged to her cooperation with Military Intelligence.
(3) military intelligence is required to protect the person, acting in his
benefit from disclosure and causing injury to the life, health, honor, or
the property, which could arise from such offences.
PART FOUR
EVIDENCE OF MILITARY NEWS
§ 17
(1) military intelligence is authorised to store, retain, and use
data on natural and legal persons in their filings, if
and there are well-founded suspicions of) projects or activities that
secures information under their responsibility,
(b)) it is necessary to identify and evaluate the projects or activities
which provides information on its scope, or
(c)) it is necessary to other tasks stipulated by special laws
law or international treaty, to which the Czech Republic is bound.
(2) data on the behavior of minors under the age of 15 years may not insert
to register. Information about the behavior of older minors 15 years of age must
After two years of review and by inserting after five years, save
so that did not have access to them by none other than the bodies authorized by the
a special legal regulation, unless he attained such
people to join them, military intelligence in the field of its scope for more
knowledge.
(3) all data held in the registers of military intelligence, on the
which is subsequently found to have been obtained unlawfully, or that are
false is stored so that it did not have access to them, no one except
bodies authorized by special legislation.
section 18
If the data on persons held in the registers of the military
News, are no longer to carry out the tasks of military intelligence
or if it is necessary to other legitimate reason, saves the Military
news reports the following information in a manner that prevents anyone except
bodies authorized under a special legal regulation, access to
These data.
§ 19
Military intelligence is required to ensure the protection of the data contained in the
files compiled from disclosure, misuse, damage or destruction.
section 20
(1) military intelligence of the fact of keeping records on natural and
legal persons or such persons shall not divulge its contents.
(2) military intelligence of the information and information systems
to bring together and to obtain the information under the cover of other purposes or other
activities.
(3) military intelligence establishes the Security Archive for permanent
the preservation of information ^ 7).
PART FIVE
REVIEW THE ACTIVITIES OF THE MILITARY INTELLIGENCE AND THE OBLIGATION OF
CONFIDENTIALITY
section 21
(1) control of the activities of the military intelligence performs Chamber
the Chamber of Deputies, that for this purpose a special supervisory authority (hereinafter referred to
"the supervisory authority").
(2) the inspection authority consists of seven members. A member of the supervisory body
can only be a member of the Chamber of Deputies.
(3) unless the law provides otherwise, the provisions on the conduct of the inspection
authority and the rights and obligations of its members adequately specific legal
prescription ^ 8). Control the order of the control activities of the military
coverage under this part does not apply.
section 22
(1) members of the supervisory body may enter, accompanied by the Director of the
Military intelligence or by an authorised Member of the Military
the news into objects of military intelligence.
(2) the Director of military intelligence presented to the inspection authority
and the status of military intelligence) ^ 9),
b) draft budget of the military intelligence,
(c) the written assignments are stored) by the Government or the President of the
States ^ 10),
d) documents required to check the implementation of the budget of the military
News,
(e)) the internal rules of military intelligence.
(3) the Director of military intelligence to the inspection authority shall submit to the
his request
a) report on the activities of military intelligence ^ 11),
(b)) a report on the news resources, except in the news
the funds used to secure information originating in the
abroad ^ 12), and only in the cases and in the cases in which Military
the news has already ended its activities,
(c) a summary containing the focus) and the number of cases and things,
where is the military intelligence of the active, except in the cases and in the
assurance of information originating abroad ^ 12); in the information
to distinguish cases and things under a special legal regulation ^ 1),
(d)) the number of cases in which a request was made to grant a message
a bank or a branch of a foreign bank on matters related to
the client, which are subject to banking secrecy ^ 18),
(e) report on the use of) requests to provide releases Bank or branch
foreign banks on matters relating to the client that are
the subject of bank secrecy ^ 18), and only in the cases and cases
in which military intelligence of its activities has already ended.
(4) the audit authority is not entitled to interfere with the powers of staff
leading members of the military intelligence, and to replace their
the management activity.
Article 23 of the
(1) the audit authority is authorised to request from the Director of the military
News necessary explanations and written documents, to consider that the
and military intelligence) activities illegally reduces or harms
the rights and freedoms of persons, or
(b)), disclosure of classified information ^ 14) of the activities of the military
the news.
(2) any infringement of the law, members of the military intelligence, which
control authority finds during their operations, shall notify the Minister of
of Defense, the Director of military intelligence and the Supreme State
the representatives.
section 24
Obligation of professional secrecy imposed to members of the supervisory body
under the Act does not apply to cases where a control authority serves
notice pursuant to § 23 para. 2. The facts on which the members of the
the supervisory authority will know when the performance of their duties, they shall be notified to the extent
necessary to achieve the purpose of the checks provided for in this Act.
PART SIX
COMMON, TRANSITIONAL AND FINAL PROVISIONS
TITLE I OF THE
COMMON PROVISIONS
§ 25
(1) the members of the military intelligence and anyone who performs tasks according to
This Act, are required to maintain the confidentiality of the facts,
governing the performance of the tasks of military intelligence or in
connection with them.
(2) at the request of law enforcement authorities, the Minister of Defense
to relieve the extent of secrecy the persons referred to in paragraph 1.
(3) the provisions of paragraphs 1 and 2 are without prejudice to the law on the protection of classified
the fact ^ 14).
section 26
Government regulation model of the staff member's Military card
the news.
section 27 of the
Defense Minister lays down more detailed definition of the ways to use specific
means of obtaining information and evidence provided in this
by law, Military news.
TITLE II
TRANSITIONAL PROVISIONS
section 28
If in the present law the words "Military
Defense News "," military intelligence "or" Military
News ", it is understood by military intelligence in accordance with this
the law.
section 29
Members of the military defence intelligence of
^ law 15), as well as professional soldiers ^ 16) who are
for work included in military intelligence or military intelligence
service under the existing legislation, 17), ^ effective date of
of this Act, become members of the military intelligence in accordance with this
the law.
TITLE III
FINAL PROVISIONS
section 30
Regulation (EEC)
Shall be repealed:
1. Act No. 67/1992 Coll. on Military Counterintelligence.
2. Act No. 87/1995 Coll., amending and supplementing Act No. 67/1992
Coll. on Military Counterintelligence, as amended by Act No. 153/1994
SB.
section 31
The effectiveness of the
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
1) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic, in the
as amended.
2) Act No. 221/1999 Coll., on professional soldiers, as amended
regulations.
Act No. 218/2002 Coll., on the service of civil servants in administrative
offices and on the remuneration of such employees and other employees in the
administrative offices (business law), as amended.
2A) Act No. 221/1999 Coll., on professional soldiers, as amended
regulations.
Act No. 262/2006 SB., labour code, as amended.
2B) paragraph 6 of Act No. 153/1994 Coll., on the Czech intelligence service
of the Republic.
3) § 13 and 14 of Act No. 140/1961 Coll., the criminal act, as amended
regulations.
4) § 9 et seq. Act No. 154/1994 Coll. on security information
the service.
5) § 53 of Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
Act No. 265/2001 Coll.
section 9 of Act No. 154/1994 Coll.
6) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended.
7) Law No 499/2004 Coll. on Archives and records service and amending
certain acts, as amended.
8) Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, as amended by
amended.
9) § 6 of Act No. 153/1994 Coll.
§ 8 paragraph 10). 4 of Act No. 153/1994 Coll.
11) § 8 para. 1 of Act No. 153/1994 Coll.
12) § 5 para. 3 (b). and Act No. 153)/1994 Coll., as amended by Act No.
290/2005 Sb.
13) section 5 of the Act No. 153/1994 Coll., as amended by Act No. 290/2005 Sb.
14) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended.
15) section 8 of Act No. 68/1992 Coll. on Military Counterintelligence.
16) Act No. 221/1999 Coll.
17) § 3 (b). (c)) of the Act No. 153/1994 Coll.
18) § 97 of Act No. 127/2005 Coll., on electronic communications and
changes to some related laws (Act on electronic
communications), as amended by Act No. 290/2005 Coll., Act No. 177/2008 Coll.,
Act No. 247/2008 Coll., Act No. 153/2010 Coll., Constitutional Court
the declared under no 94/2007 Coll. and Act No. 273/2009 Sb.
