197/2009 Sb.



LAW



of 28 June. May 2009



on the certification of public documents with biometric data and amending

Some laws



Change: 427/2010 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



CERTIFICATION OF PUBLIC DOCUMENTS WITH BIOMETRIC DATA



§ 1



The subject of the edit



This law regulates the following a directly applicable regulation

Of the European Communities ^ 1) certification of public documents with

biometric data in order to verify the authenticity and integrity of these

data and their protection from unauthorized access.



§ 2



Definition of terms



For the purposes of this Act, means the



public document, with a) biometric data (hereinafter referred to as "public document")

a public document that contains the data carrier with the biometric data, in which it is

the name, or names, surnames, date of birth, or

other information linked to an identifiable person, that a public document

presented, as its authorised holder



(b) the indication of the data) for the facial image and fingerprint information

fingers hands wrought in the data medium,



(c) the certificate of a cryptographically secure) data message that connects

identify the person with cryptographic data used for authentication

the authenticity and integrity of the biometric data or legitimacy of access

biometric data



(d) the initial certificate, a certificate issued by) on the basis of proving compliance with the

certification conditions



e) then certificate issued by the certificate in a simplified manner to

pursuant to the applicable initial certificate; then the certificate is

means a certificate issued on the basis of the preceding applicable

the certificate,



(f)) certification terms and conditions minimum safety requirements and

procedures for the issue of trust, the provision or the use of the certificate,



g) certificate of authenticity certificate, which validates the authenticity and

the integrity of biometric data



(h) the access certificate certificate) allowing access to biometric

the fingerprint data of the hands,



I) public identification document with a contact chip (hereinafter referred to as

"document with a contact chip") a public document that contains an electronic

contact chip, which States the name or names, surname, date of

birth, or other indication to identify the person who

a public document shall be presented, as its authorised holder



j) certificate checks for authenticity certificate data, which is based on

control data authenticity and integrity of the data validates the authenticity of

registered at the contact chip,



the certificate permissions control authority) certificate, which allows you to

the inspection authority within access to the data stored on the

contact chip,



l) control data authenticity of data stored on the security contact

the chip, which allow using the certificate checks the authenticity of the data

Verify the authenticity and integrity of the data stored in the specified range

contact chip.



§ 3



The scope of the



(1) the Ministry of the Interior (hereinafter referred to as "the Ministry")



and) issues and supersedes certificate of authenticity



(b) a certificate issued by access)



(c)), the competent authority of another State, calls for the provision of your certificate of authenticity

and the certificate of access to the public document issued by that State,



d) validates the certificate request access referred to in paragraph 2 (a).

and), in the case of the initial certificate,



e) keeps a list of issued and of issued certificates of authenticity and revocation

access certificate



f) keeps a list of received certificates of authenticity certificates and access to

public documents issued by other States and provides data from this

the list of the administrative authority referred to in paragraph 4 (b). and) and in section 6 (1). 1 (b).

and)



g) provides certification conditions



h) publishes and supersedes the certificate checks the authenticity of the data for papers

with a contact chip,



even the permission certificate) is issued by the supervisory authority for documents with

contact chip,



j) keeps a list of issued and certificate revocation checks for authenticity

data for the papers with a contact chip and a list of issued certificates

permissions control authority for the papers with a contact chip.



(2) the police of the Czech Republic (hereinafter referred to as "the police") to the extent necessary

for the exercise of their jurisdiction, ^ 2) and under the conditions laid down in this Act,

a directly applicable regulation of the European communities "^ 1") or the international

the Treaty, which the Czech Republic is bound,



and the competent authority of another) is asking the State to issue a certificate to access the

public document issued by that State,



(b)) on the basis of § Ministry asks 4 (b). and section 6 (1)). 1 (b). and)

the grant or issue of a certificate of authenticity and certificate access



c) keeps a list of received certificates of authenticity and access certificate



d) uses certificates of authenticity and access to determine the certificates

the identity of the holder of a public document,



e) asks the Ministry to issue the certificate checks for authenticity of the data,



f) creates a control data of the authenticity of the data that shall be entitled to

write to the contact chip,



g) uses certificates of authenticity checks of the data and control data

authenticity for the verification of the authenticity and integrity of the data range

stored on the contact chip,



h) asks the Ministry on the issue of certificates of permission of the inspection body,



I) issues certificates of permission of the supervisory authority on the basis of

certificates issued by the inspection authority the Ministry of permissions,



j) uses certificates permissions control authority for the access to

range of the data stored on the contact chip.



(3) the Ministry of Foreign Affairs ensures the transmission of the



and request the police or Ministry) on the issue of the initial certificate

access to the competent authority of another State,



(b) initial access certificate issued) by the competent authority of another

State police or Ministry



(c) the request of the competent authority) of another State to issue initial

Access Ministry certificate



(d) initial access certificate issued) by the Ministry of the competent

authority of another State,



an initial certificate of authenticity to the Ministry) or the competent authority

of another State.



§ 4



Certificate of authenticity



The Ministry will provide a certificate of authenticity



and) Administrative Department which may, under the conditions laid down in other legal

Regulation of ^ 3) to verify the authenticity and integrity of biometric data in the

a public document



(b)) to the competent authority of another State.



Section 4a



The certificate checks for authenticity of information



(1) the Ministry shall provide the certificate checks for authenticity of the information to the administrative

the authority which may, under the conditions laid down by other legislation

authenticity and integrity of the data stored on the contact chip.



(2) the Ministry shall issue the initial certificate checks for authenticity of information

the police, if it satisfies the certification conditions.



(3) on the basis of the submission of a valid initial inspection certificate

the authenticity of the data or the previous valid certificate checks

the authenticity of the information Ministry issued by police subsequent certificates

checks the authenticity of the data, if still meets the certification conditions.



§ 5



(1) the Ministry shall issue the initial certificate of authenticity manufacturer public

the document, if it meets the certification conditions laid down in § 3 para. 1 (b).

(g)).



(2) on the basis of the initial presentation of a valid certificate or

the previous Ministry of a valid certificate issued by the manufacturer

public document subsequent certificates, if continues to satisfy the

certification conditions pursuant to § 3 (2). 1 (b). (g)).



(3) the manufacturer of a public document, which was issued the initial certificate

authenticity, is obliged, upon request, to prove the performance of Ministry

certification conditions pursuant to § 3 (2). 1 (b). (g)).



§ 6



Access certificate



(1) the Ministry shall issue the initial certificate access



and) Administrative Department which may, under the conditions laid down in other legal

Regulation of ^ 3) to access biometric data



(b)) the institution of another Member State of the European Union according to the directly applicable

Regulation of the European Communities ' ^ 1 '),



(c) the third country authority) if provided for by an international treaty, which

the Czech Republic is bound,



(d) a public document for manufacturers) verify its functionality.



(2) on the basis of the initial presentation of a valid certificate or

the previous Ministry of a valid certificate issued by the authorities and

the persons referred to in paragraph 1, subsequent certificates.



§ 6a



The certificate of permission of the supervisory authority



(1) the Ministry shall issue the initial permission certificate of the supervisory authority

the administrative authority, which may, under the conditions laid down in other legal

Regulation of access to the range of the data stored on the

contact chip.



(2) on the basis of the initial presentation of a valid certificate permission

the supervisory authority or the previous valid certificate permission

the supervisory authority, the Ministry issued the authorities referred to in paragraph 1

subsequent certificates.



§ 7



Revocation of the certificate



(1) the Ministry revoked certificates of authenticity issued by the manufacturers

public document, if there is a change of the public document or manufacturer

the manufacturer of the public document commits serious breaches of the certification


conditions referred to in section 3, paragraph 3. 1 (b). g). If required by the procedure provided for in the sentence

the first revocation of the certificate of authenticity already issued by a public document

has the holder the right to issue new public document.



(2) the Ministry passes the bodies referred to in paragraph 4 of the list of invalid

certificates of authenticity.



Section 7a



The certificate revocation data validation checks



(1) the Ministry revoked certificates validity checks of the data

at the request of the police, or from other serious grounds referred to in

certification rules.



(2) the Ministry passes the authorities referred to in section 4A(1). 1 and § 6a of paragraph 1. 1

certificate revocation lists data validity checks.



PART TWO



Amendment of the Act on administrative fees



§ 8



The annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.

Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.

Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,

Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No. 261/2007 Coll.

Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.,

Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.,

Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.,

Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No. 297/2008 Coll.,

Act No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll.,

Act No. 382/2008 Coll., Act No. 9/2009 Coll. and Act No. 41/2009, Coll.,

is amended as follows:



1. In part IX item 115 in the provisions "of the Subject of the charge is not" on the

end of the text of point 1, the words ", or whose certificates

authenticity have been invalidated ".



2. In section XII item 157 in the provisions "of the Subject of the charge is not" on the

end of the text of point 1, the words ", or whose certificate of authenticity

has been invalidated ".



PART THREE



Amendment of the Act on asylum



§ 9



In § 61 para. 3 the first sentence of the Act No. 325/1999 Coll., on asylum and on changing the

Act No. 283/1991 Coll., on the police of the Czech Republic, as amended

Regulations (asylum Act), as amended by Act No. 137/2006 Coll., the words

"Azylantovi", the words "under the age of 6 years, if the directly applicable

the legislation of the European Communities does not provide for different ^ 9f) age

boundary, or azylantovi "and the second sentence shall be replaced by the phrase" in the data medium

in this case is an indication that the data carrier does not include fingerprints

the hands azylanta. ".



Footnote No. 9f:



"9f) Council Regulation (EC) No 2252/2004 of 13 April 2004. December 2004 on standards

for security features and biometrics in passports and travel

documents issued by Member States, as amended. ".



PART FOUR



Amendment of the Act on residence of aliens in the territory of the Czech Republic



§ 10



In § 113 paragraph. 2 the first sentence of the Act No. 326/1999 SB. on residence of aliens on the

the territory of the Czech Republic and amending certain laws, as amended by Act No.

137/2006 Coll., the words "Foreigners", the words "under the age of 6 years,

If the directly applicable European Community law ^ 15f)

unless otherwise provided in a different age, or foreigners "and the second sentence is

be replaced by the phrase "in the medium in this case is an indication that the carrier

the data does not contain the fingerprints of the hands of foreigners. ".



Footnote # 15f:



"15f) Council Regulation (EC) No 2252/2004 of 13 April 2004. December 2004 on the

standards for security and biometrics in passports and

travel documents issued by Member States, as amended. ".



PART FIVE



Amendment to the law on travel documents



§ 11



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 by Act No. 218/2002 Coll., Act

No. 320/2002 Coll., Act No. 539/2004 Coll., Act No. 561/2004 Coll., Act

No 136/2006 Coll., Act No. 106/2007 Coll., Act No. 379/2007 Coll., Act

No 140/2008 Coll., Act No. 274/2008 Coll. and Act No. 41/2009, Coll.,

be amended as follows:



1. footnote No 2 c is inserted:



"2 c) Council Regulation (EC) No 2252/2004, as amended.".



2. in § 5 para. 4 the first sentence after the word "Citizen" shall be replaced

"the younger 6 years if the directly applicable European legislation

Community ^ 2 c) does not provide for a different age, or a citizen ".



3. in § 5 para. 4, the second sentence is replaced by the phrase "in the data medium is in this

the case of an indication that the data carrier does not have the fingerprints of the hands

citizen. ".



PART SIX



The EFFECTIVENESS of the



§ 12



This Act shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.



1) Council Regulation (EC) No 2252/2004 of 13 April 2004. December 2004 on standards

for security features and biometrics in passports and travel

documents issued by Member States, as amended.



2) for example, Act No. 326/1999 SB. on residence of aliens in the territory of the United

Republic and amending certain laws, as amended.



3) for example, Act No. 325/1999 Coll. on travel documents and amending

Act No. 283/1991 Coll., on the police of the Czech Republic, as amended

legislation (the law on travel documents), as amended.