Amendment Of The Act On Free Access To Information

Original Language Title: změna zákona o svobodném přístupu k informacím

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84594&nr=222~2F2015~20Sb.&ft=txt

222/2015 Sb.



LAW



of 12 October. August 2015,



amending Act No. 106/1999 Coll., on free access to

information, as amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 106/1999 Coll., on free access to information, as

Act No. 101/2000 Coll., Act No. 155/2000 Coll., Act No. 39/2001 Coll.

law no 413/2005 Coll., Act No. 61/2006 Coll., Act No. 110/2007 Coll.

Law No 32/2008 Coll., Act No. 254/2008 Coll., Act No. 274/2008 Coll.,

Act No. 227/2009 Coll., Constitutional Court, declared under no.

123/2010 Coll., Act No. 375/2007 Coll., Act No. 167/2012 Coll. and act

No. 181/2014 Coll., is amended as follows:



1. In paragraph 1, the words "the competent European Community regulation ^ 1)"

replaced by the words "the relevant provisions of the European Union)," ^ 1 ".



Footnote 1:



"1) directive of the European Parliament and of the Council 2003/98/EC of 17 May 1999.

November 2003 on the re-use of public sector information.



Directive of the European Parliament and of the Council/37/EU of 26 March. June

2013, amending Directive 2003/98/EC on the re-use of information

the public sector ".



2. In paragraph 3, the following paragraph 7 to 10 are added:



"(7) the machine-readable format for the purposes of this Act, the

with such a data file format structure, which allows you to

programming facilities to easily find, recognize and get out of this

the data file information, including individual-specific information and

their internal structure.



(8) an open format for the purposes of this Act, the format of the

a data file that is not dependent on the specific technical and

software and is made available to the public without any

the restrictions, which would impair the use of the information contained in the data

file.



(9) Open a formal standard for the purposes of this Act, the

the rule, which was issued in writing and contains the specification of requirements for

ensure the ability of different software to each other

provide services and work together effectively.



(10) the Metadata for the purposes of this Act, data describing the context,

the content and structure of the recorded information and its management in the course of

time. ".



3. paragraph 4, including the title reads as follows:



"§ 4



The provision of information



(1) mandatory entities provide information upon request, or

disclosure.



(2) if the applicant is a statutory body, is provided by the

information under the same conditions as the other applicants ".



4. in paragraph 4, the following new paragraph 4a and 4b, which including the following titles:



"§ 4a



The provision of information on request



(1) if the information is provided on the basis of the request, in the

formats and languages based on the content of the request for information,

including the related metadata, unless this Act provides otherwise.

The statutory body is not obliged to alter the format or language information or

to create the metadata information, if such a change or create

the metadata for the statutory body have been an unreasonable burden; in this case,

meet the statutory body of the request to provide information in a format

or the language in which it was created. If the required information is

part of a larger whole, and its exclusion would be for the statutory body

an unreasonable burden, will provide the statutory body in accordance with such great

This Act. If it is possible, taking into account the nature of the request

and how to record the information required, it shall provide a statutory body

information in electronic form.



(2) if the information is provided on the basis of the request,

manner according to the content of the application, in particular



and information in electronic communication) or paper form,



(b) providing a copy of the document containing the table) with the required information



(c)) by providing a data file that contains the required information,



d) consultation document containing the required information,



(e) sharing of data through the interface) information system, or



f) allowing remote access to the information that is in the course of time

amended, renewed, complements, or repeatedly creates or its regular

passing in any other way.



(3) if the means of providing the information referred to in paragraph 2 is not possible or

would be for the statutory body constituted a disproportionate burden, will satisfy the mandatory

the body of the request to provide information to the other means that allow

its effective use by the applicant.



§ 4b



The provision of information through the publication of



Information provided by publication shall be provided in all formats and

the languages in which it was created; When the disclosure of such information in

electronic format must be one of these formats open and, if

possible, whether or not a machine readable. If it is possible and appropriate, publish

the statutory body along with the information whether or not the metadata that is related to it.

Format and metadata should as much as possible comply with the open formal

standards. ".



5. § 5 para. 3 the second sentence, the words "of the information provided in the

other than electronic form "are replaced by the words" of the information

provided by the way under section 4A(1). 2 (a). e) and (f)), information

provided in non-electronic form, ".



6. the heading of section 6 reads as follows: "reference to published information".



7. in paragraph 6 of the text at the end of paragraph 1, the words ", in particular, the link

on the Web page where the information is located. "



8. in paragraph 6 of the text at the end of paragraph 2, the words "shall be added; This does not apply,

If the application for provision of the information is submitted electronically and, if

required information is published in a manner allowing remote access and

the applicant was informed of the link to the website where the information

located ".



9. in section 11 (1) 2 (a). (b)), the word "or" is deleted.



10. In section 11 (1) 2 (a). (c)), the word "copyright" shall be replaced by

"copyright or rights related to copyright (hereinafter referred to as" the law of the

Copyright ")".



11. In paragraph 11, the dot at the end of paragraph 2 shall be replaced by "or", and

the following point (d)), including footnotes, No 18:



"(d)) as to the information, which relates to the stability of the financial system ^ 18).



18) § 2 of the law No 6/1993 Coll. on Česká národní banka, as amended by

amended. ".



12. In article 11 (1) 5 provisions of the introductory part, the words "or rights

related to copyright (hereinafter referred to as "copyright") ' shall be deleted.



13. in paragraph 11 (1) 5 (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



14. in section 11 (1) 5 letter d) including footnote # 19 is added:



"(d)) cultural institutions managing public funds, as

theatres, orchestras and other art files, with the exception of libraries

providing library and information services to the public by the library

^ 2a) Act and the museums and galleries that provide standardized public

services ^ 19).



19) Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and amending

certain other acts, as amended. ".



15. in section 14a para. 1, the words "listed in" are replaced by the words "excluded from the

the obligation to provide information under ".



16. in section 14a paragraph 4 is added:



"(4) a statutory body may grant an exclusive licence only

If the exclusive licensee for further dissemination of the information provided the necessary

and if it is in the public interest. Where a statutory body exclusive

the license under the first sentence, shall review at least every 3 years duration reasons

on the basis of which the licence is granted; This does not apply in

the case of the grant of the exclusive licensee to the digitisation of cultural resources

When a statutory body shall examine the duration of the reasons, on the basis of which it was

exclusive licenses granted, in the eleventh year of duration, or every

the next 7 years. In the case of the grant of exclusive license to

digitisation of cultural resources must be subject to compulsory, free of charge

provided with a copy of the digital reproduction of cultural resources, which will be

possible after the end of the duration of the exclusive licence granted pursuant to this

of the law. ".



17. in section 15 at the end of paragraph 2 the following sentence "for libraries

providing library and information services to the public by the library

^ 2a) Act and the museums and galleries standardized providing public

services ^ 19) the first sentence shall not apply. ".



18. In paragraph 17, at the end of paragraph 3 the following sentence "contained in the notification must

be learning about options to request reimbursement of the costs for the

provision of the information complaint under § 16a para. 1 (b). (d)), from which

It is evident, in what period of time, you can complain to, from what date this

reckoned that it is decided by the superior authority and for which

the statutory body is served. ".



Article. (II)



Transitional provisions



1. The request for information submitted before the date of entry into force of

This law shall be handled pursuant to Act No. 106/1999 Coll., as amended by

effective before the date of entry into force of this Act.



2. the obligation to publish the information pursuant to Act No. 106/1999 Coll., on

the version in force from the date of entry into force of this Act, shall not apply to

information, the disclosure of which occurred before the date of entry into force of

of this Act.



3. A license or sub-license the agreement under which it was granted

the exclusive licensee for the provision of information in accordance with law No.


106/1999 SB., in the version in force before the date of entry into force of this

the law, which is valid to 17. July 2013, ceases to have effect

the expiry of the agreed period, but not later than 18. July 2043. The first sentence

shall not apply in the case of a license or sub-license agreement relating to the

the digitisation of cultural resources.



Article. (III)



The effectiveness of the



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



in from Arvind v. r..



Zeman in r.



Sobotka in r.