Access To Volumes Resulting From The Activities Of The Former State Security

Original Language Title: o zpřístupnění svazků vzniklých činností bývalé Státní bezpečnosti

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44198&nr=140~2F1996~20Sb.&ft=txt

140/1996 Coll.



LAW



of 26 March. April 1996



access to volumes resulting from the activities of the former State security



Change: 107/2002 Sb.



Change: 107/2002 Coll. (part)



Change: 342/2006 Sb.



Change: 181/2007 Sb.



Change: 227/2009 Sb.



Parliament has passed the following Act of the Czech Republic:



§ 1



The purpose of the law



The purpose of the Act is the widest possible disclosure of the practice of the Communist regime in the

the Suppression of political rights and freedoms exercised by

the secret ingredients of repressive totalitarian State. The law allows

available to persons persecuted for their pursuit, and documents

publish data on vykonavatelích of this persecution and their

activity. The law lays down the method of disclosure and publication of documents

and data and the scope of the administrative authorities in these processes.



§ 2



The subject of the disclosure and publication of the



The subject of the disclosure and publication are preserved or reconstructed

documents arising from activities of the security forces in the period from 25. February

1948 to 15. in February 1990, as recorded in the period spisových or archive

AIDS (registers) those folders or parent Central

of the administrative authorities.



§ 3



Interpretation of the terms



For the purposes of this Act, means the



and a separate volume) documentation file based and driven by

security forces and logged in the records AIDS

statistically-Registration Department of the Federal Ministry of the Interior,

individual security, records or archival

the archive of the Ministry of the Interior or AIDS statistically-records

Department of the regional administrations of the Corps of national security or of their

predecessors; the volume is either personal volume or a volume with personal

data,



(b) the personal volume driven by volume) of a specific natural person listed in

the relevant registration of persons,



(c)), the volume of personal data held by the institution of a specific volume or

Group of persons (objects), which in this context includes information

of specific natural persons, i.e.. in particular, object

the volume,



(d) record the results of the deployment) capturing the intelligence resource

techniques or monitoring the State security record of the execution of the auxiliary

intelligence operations are used to obtain information about bumping

persons,



e) personnel (kádrovým) document national security file folder

led by the staff of the national security authority

containing information on the origin, progress, and termination of his employment;

a statement from him is a personal registration card Member



(f)) document all types of volumes, the podsvazků, the information output from the

volumes, records, personnel (kádrových) files and personal records

the cards, which are the subject of the disclosure or publication by

This law,



g) security main administration of State security, military

Counterintelligence National Security Corps (III.), news

the administration of the Main administration of the border guards and the protection of the State borders, the Department of

internal Protection Corps remedial education or predecessors of these constituents,

in the period from 25. February 1948 to 15. February 1990,



(h) the components of the former State security) State security, such as a folder

The Corps of national security, "^ 1") the main intelligence administration of the Corps national

Security (Administration), the main administration of the Counterintelligence Corps of the national

(II) monitoring the Management of the Corps of national security

(IV) managing the intelligence technology of the Corps of national security

(VI) the administration of passports and visas of the Corps of national security, territorial

the departments carrying out activities of these components or the predecessors of these

components and services



(I) a person registered as a collaborator) security of the person,

that was at any time during the period from 25. February 1948 to 15. February 1990

the security component of the recorded volume in the categories of resident,

Agent, informant, the holder or the holder of a borrowed apartment

conspiracy in the case of the apartment, the main administration of the intelligence Corps, the national

Security (Administration) are per person recorded on the person shall be deemed to

that was the period of recorded volume in the ideological categories

Associate, confidant and intimate contact.



Disclosure documents



§ 4



the title launched



(1) the archives of the security services (hereinafter referred to as the "Archive") is obliged to

the request of the natural person 18 years or older, that is not in the sentence or

the links,



and to tell whether it is) about her in the preserved information systems volumes

resulting from the activities of the State security recorded personal volume or

the volume of personal data and whether the volume is preserved and further whether there is a

maintained a record of capturing the results of deploying resources news

techniques or monitoring the State security against it, and that is about it

retained information output from the volume or operations,



(b) make a copy of it) neither the volume referred to in point (a)), and

If it is included in the name, or false (cover) the name of the person

registered as associate or member of the security forces,

make even



1. a copy of the surviving personal volume this person registered as

Associate Security folder, and



2. a copy of the surviving personnel (kádrového) file of the Member of the

the safety components,



(c) make available to record her preserved) showing the results of the deployment

intelligence techniques and monitoring the State security against it, as well as

specimen information output from the volumes, in which it is listed, including a copy of the

Neither the personnel (kádrového) the file of the Member of the security

the folders shown in this output.



(2) after the death of the person referred to in paragraph 1 has an archive of the obligations referred to in

paragraph 1 also on the basis of an application submitted by a person authorised to exercise

the right to the protection of the personality of the deceased. ^ 2)



(3) If a legal dispute in connection with the rehabilitation proceedings

under section 5 (3). 4 of law No. 87/1991 Coll., as amended by the finding of a constitutional

the Court of the Czech Republic No. 164/1994 Coll., the persons authorized within the meaning of

section 3 of the same law ^ 3) have access to volume-based and conducted

The State security of the people who no longer live and which was caused by

property or other insult within the meaning of section 1 of the same law, for the purpose of

obtain any evidence concerning the facts

referred to in section 2 (2). 1 (a). (c)) and section 2 (2). 2 (a). and (b)) the same)

^ 3) of the Act.



§ 5



the title launched



The archive is obliged at the request of the natural person 18 years or older



and to tell whether it is) in the volumes arising from conflicting information systems

the activities of the State security recorded her desired volume with personal

data, and whether it is preserved, unless the alien,



(b) disclose whether a person), she referred to is registered as an associate of the State

safety, and whether the personal volume of that person, unless the

the stranger,



(c) make a copy of it) neither the volume referred to in point (a)), and

the document referred to in point (a) (b)), unless the alien,



(d) make available to the Commission a copy of the SD) personnel (kádrového) file

or personal registration card, a member of the State security, which are

included in the list published by the archive under section 7.



§ 6



the title launched



(1) at the request of the natural person 18 years or older or persons referred to in section 4, paragraph 4. 2

the archive must give the information about the existence of the documents and make them available to

the preserved documents arising from the activities of the



and the main military administration) Counterintelligence Corps of national security

(III.), and the documents arising from the activities of other security

folders, registered in the records of the AIDS or archive

and the records of the archives of the armed forces, AIDS



(b)) of the Department of Homeland Protection Corps remedial education; in the case of personal

the volume of a person registered as an associate of the Department of internal protection,

shall be made available, if such a person used in favor of the State

the safety.



(2) The procedure for the disclosure of the documents referred to in paragraph 1 shall

apply, mutatis mutandis, the relevant provisions on the disclosure of Government documents

the safety.



section 7 of the



The publication of the accounting documents and the list of personnel files



(1) the archives publishes print and electronic media on the accounting records

from the preserved or renovated, and log volumes and other

accounting tools, security of their information

documents in the range object systems volumes and volumes of persons

registered as collaborators of the State security or

the main administration of the Military Counterintelligence of the collaborators of the choir of the national

Safety (III.), with details of the date of the introduction of volume movement

and archiving, the kind of volume and its change, people, it's not about aliens

or on the objects to which they are the volumes recorded, if such data are

preserved.



(2) the archives publishes print and the electronic media transcript log

volumes of the Department of Homeland Protection Corps of correctional education in the range

the object of the volumes and volumes of persons registered as collaborators

in this section, if they have been used for the benefit of State security.



(3) the Archive publishes in print and continuously on the electronic media list

personnel (kádrových), the writings of the members of the security forces

made available under section 4 (4). 1 (a). (b)), section 2, together with an indication of
data classification to the national security forces, the official functions

carried out by a member in the Security folder, and the end date of this

the classification.



How to make documents



§ 8



The request of the



(1) the disclosure of the documents referred to in sections 4 to 6 shall be made on the basis of the

request. The request shall be submitted in writing to the archive.



(2) the request shall indicate the applicant your name, last name, social security number, or

If it is, the date of birth and your address. In the request, shall further



and their nationality), including the previous, previous changes to its

last name, place of birth, permanent residence on the territory of the Czech Republic, including

the name of the region the previous permanent stays, if it has or had, where

access to the documents referred to in section 4, paragraph 4. 1,



(b) the name of the institution or organized) a group of persons to which it has

the object volume, or last name, where name and other

the identification marks of the person to whom the polls that have been registered by the

as an associate of the State security, where access to volumes

under section 5 (a). (b)),



(c) the designation of personnel) (kádrového), under which the file is listed in the

the list published by the archive according to § 7, asks if the disclosure of such

file under section 5 (a). (d)),



(d)) name, surname and social security number of the deceased or, if it is, its date

birth and death data referred to in point (a)), if the applicant is

the person entitled to submit a request under section 4 (4). 2.



(3) the applicant shall affix his Request officially certified signature. Official verification

signature is not required, if the applicant when filing his personal proof

the identity.



§ 9



Execution of the request



(1) the request that does not contain the particulars set out in section 8 (2). 2 or

3, Archive without undue delay refuses, stating the defects

the request; It does so always in writing by hand the applicant, with the exception of

in cases where an applicant has when hearing the statement to the log

his application.



(2) a request for the disclosure of the personal volume, which contains the essentials

laid down in section 8 (2). 2 and 3, shall execute the Archive within 90 days from the date of

the delivery of the application the written response of the applicant's own hand.



(3) a request for the disclosure of documents, which are not the personal volume

If the requirements set out in § 8 paragraph. 2 and 3, shall execute the Archive without

undue delay, then, when it shall ensure that the technical options.



(4) in a written reply, the archive shall inform the applicant



and the information specified in §) 4 (4). 1 (a). and section 5 (b)). and)



(b)) instead of the documents



(c) information on the registration record) of the existence of the volume if the volume is not

maintained, in particular, of its kind, in which period and which part of the

security forces was conducted,



(d)) that the applicant is finding a person registered as an associate

Security folder.



§ 10



How to make



(1) the applicant to whom the archive informed that documents, which

He asked, are the subject of the disclosure, the right to disclosure

(hereinafter the "authorized applicant").



(2) the disclosure shall be made by reviewing the authorised the applicant with copies of

documents on the site, which he said in written answers Archive.



(3) the right to the disclosure of the documents referred to in section 4, paragraph 4. 1 is next to the

the applicant also authorized natural person shall submit the consent of

authorized applicant with his officially certified signature. Documents with this

a person expose in the range, and the way to make

the authorised applicant. If approval cannot be granted or authorized

by the applicant, nor the persons showing the right to protection of personality

the deceased, may decide the Council of Institute for the study

totalitarian regimes.



section 10a



Protection of personal data



(1) the Files before making the document authorized the applicant znečitelní

in a copy of the document, date of birth and place of residence of other persons, as well as

all the information about their private and family lives of their criminal

activities, health and assets. If it is zpřístupňovaným

document Professional (personnel) file a safety folder,

It also znečitelní all the information about people outside the business

and public activity of the Member.



(2) If a natural person, to which the registered volume is a volume with personal or

personal data, it passes the custom expression to the content of the Archive volume or to

the fact of the registration in the register in the information systems of the volumes

the security forces, is obliged to include comments to Archive data on the

This person as an integral part of the document and make it

eligible applicants with the documents or records on the register.



section 10b



The request for the communication of real names



True, the applicant may, in consultation with the document made available

request for disclosure of the names of the Archive the right person that is listed

under the wrong (cover) on behalf of the. If the person that is in the document

listed under wrong (cover) on behalf of, a person registered as

Associate Security and identification names, it is possible to Archive

authorized applicant shall forthwith on the spot.



section 10 c



A copy of the release document



(1) the Archive shall issue to the authorized the applicant to his request when

people with one copy of a document made available the entire document

or selected parts of its choice. Each side released copies of the archive

Mark stamp. A copy of the applicant issued by a legitimate takeover confirms the

signature.



(2) for the issue of copies of collected Files an administrative fee in accordance with the Special

legislation. ^ 4)



§ 10 d



Information system documents



(1) for the purpose of the disclosure and publication of the documents runs the Archive

document information system.



(2) documents in the information system records the Archive documents that

are the subject of the disclosure and publication of information, the qualifying

applicants and, if it is authorized by the applicant, the person authorized under section 4 of the

paragraph. 2, the particulars of the deceased person referred to in section 4, paragraph 4. 1.



(3) the Archive is not obliged to verify whether the information contained in the document and

the data obtained in the information system of documents conserved

accounting AIDS referred to in paragraph 2 are accurate or true.



(4) part of the information system of the documents is evidence of the applications. In this

register the Archive stores the application referred to in section 8 and a copy of the responses pursuant to § 9 and

a copy of the acknowledgement of receipt pursuant to section 10 c.



§ 10e



If the document requires the determination of whether a person registered as

Associate Security folder is a citizen of the Czech Republic,

can the competent authority under this Act to make available do such

the findings in the information system of the population register. ^ 5)



section 10f



(1) the Ministry of the Interior or the police of the Czech Republic provides

The Ministry of defence and the Ministry of Justice for the performance of the

pursuant to section 4 to 6 of this Act,



and data from Basic) reference population register,



(b)) the data from the agendového information system of the population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and last name)



(b) the name or names),



(c)) date of birth,



(d)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death, where appropriate, as the day on which

data subject is declared dead, and the date of the acquisition of the legal

the power of this decision,



e) citizenship, or more of State citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name, including previous

name and surname,



(b) the date of birth),



(c)), or more citizenship nationality,



(d) the social security number),



(e)) of the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred,



f) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, where appropriate, as the day on which the citizen declared dead

survivors.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name, including previous

name and surname,



(b) the date of birth),



(c) the social security number),



d) citizenship, or more of State citizenship,



(e)) of the date, place and County of death; in the case of deaths outside the territory of the Czech

of the Republic, the State on whose territory the death occurred, or the date of death,



f) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, where appropriate, as the day on which the stranger declared dead

survivors.



(5) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



§ 11



cancelled



§ 12



Common provisions



The procedure under this Act does not apply the administrative code ^ 6).
section 13



The effectiveness of the



This law shall enter into force on 1 January 2005. December 1996.



Uhde in r.



Havel in r.



Klaus r.



Selected provisions of the novel



Article. (II) Act No. 107/2002 Sb.



Transitional provisions to part the first



1. A request for the disclosure of documents in the scope of the Ministry of defence and

The Ministry of Justice pursuant to article. I, point 1, with regard to the provisions of the

section 6 of this Act may be made as soon as possible after the expiration of 6 months from the date of

the entry into force of this law.



2. The processing of applications filed prior to the effective date of this Act,

that has not been completed by that date, shall be governed by the existing legislation.



section 23 of Act No. 181/2007 Sb.



The transitional provisions of the



Date of entry into force of this law on Archive security

the rights and obligations of the administrator components of information systems documents

operated by the Ministry of the Interior, the Ministry of defence and

The Ministry of Justice under section 10 d and section 6 (1). 2 of law No.

140/1996 Coll., on making volumes resulting from activities of the former State

security, as amended by law No 107/2002 Sb.



1) section 9 of Act No. 40/1974 Coll., of the Corps of national security.



2) Law No. 87/1991 Coll. on out-of-court rehabilitation, as amended by

amended.



3) Law No. 87/1991 Coll. on out-of-court rehabilitation, as amended by

amended.



4) item 3 Tariff administrative fees, which is annexed to law No.

368/1992 Coll., on administrative fees, as amended.



5) section 8 of Act No. 133/2000 Coll., on registration of the population and the social security numbers and

on the amendment of certain laws (the law on the registration of inhabitants).



5A) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



5B) of section 1 of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.



5 c) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



6) Act No. 71/1967 Coll., on administrative proceedings (administrative code).