About Military News

Original Language Title: o Vojenském zpravodajství

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60279&nr=289~2F2005~20Sb.&ft=txt

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.