Amendment Of The Decree On Administrative Security

Original Language Title: změna vyhlášky o administrativní bezpečnosti

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=75850&nr=433~2F2011~20Sb.&ft=txt

433/2011 Sb.



DECREE



of 16 December 2002. December 2011,



amending Decree No. 529/2005 Coll., on administrative security

and the registers of classified information, as amended by Decree No. 55/2008 Sb.



The national security agency, establishes, pursuant to § 23 para. 2 and § 79 paragraph 2. 8

Law No. 412/2005 Coll., on the protection of classified information and on the

security, as amended by law No 32/2008 Coll. and Act No.

255/2011 Coll.:



Article. (I)



Decree No. 529/2005 Coll., on Administrative and security about the registry

classified information, as amended by Decree No. 55/2008 Coll., is amended as follows:



1. In article 1 (1). 1 (b). (e)), after the words "the Organization and activities of the Central

the registry, "the words", the Assistant to the registry and registry activity

the checkpoint ".



2. In article 1 (1). 2, the words "special legal regulation ^ 1)" is replaced by

"the Decree on ensuring cryptographic protection of classified information."



Footnote 1 shall be deleted.



3. In article 3, paragraph 3. 3, the words "paragraph 1 (b). a), b), c) and (e)) "shall be replaced by

the words "paragraph 1 (b). a) to (e)) ", the second sentence is replaced by the phrases" on the

the inner side panels with přelepí the end of the stitching, stamped with the name of

authority of the State or a legal person, or first and last name business

the natural person and the signature of the responsible person connects or designees

a person or the security of the Director or his authorized person, in excess of the

the edge of the přelepu. Furthermore, the clause shall be entered on the number of sheets and signature of the responsible

person or authorised person or security Director or

authorized person and the date of the allocation of administrative tools to use. "

the words "the signing" under the preceding sentence shall be replaced by the words "to the signature

the second and third sentence ".



4. in article 3, paragraph 4, including footnote # 9 is added:



"(4) the individual administrative tools can result in electronic form

provided that they contain all prescribed items referred to in paragraphs 1

and 2, and a system through which they are kept, is secured against

unauthorized access and against people that are not

permitted to provable way, it records all the changes

or repair and its use is approved by the responsible person. Leadership

administrative AIDS referred to in paragraphs 1 and 2 shall carry out also a electronic

file system services meeting the requirements of the law on Archives and

archival service, which is maintained in the information system nakládajícím with

classified information by the authority and approved by the certified in writing to the

operation ^ 9). Management of administrative AIDS referred to in paragraphs 1 and 2 in the

electronic form or in an electronic filing system, the service must

enable them to transfer to the documentary form, or transferring them to

PDF/A format and representation as separate documents and signing

recognized electronic signature according to the law on electronic signature

or designation of an electronic marker based on a qualified

the system certificate issued by an accredited provider

certification services and subsequently measures qualified time

stamp according to the law on electronic signature, or replace those

the funds in a special way according to the law on Archives and records

the service.



9) § 34 paragraph 1. 2 of law No 412/2005 Coll., as amended by Act No. 255/2011 Sb.



Decree No. 523/2005 Coll., on the security of information and communication

systems and other electronic devices working with classified

information and certification of shielded Chambers. ".



5. In section 3, paragraph 3. 5, the second and third sentences are replaced by the phrases "Checklist

is not part of the classified document, but the stores together with

classified until its disposal or shipment. After the elimination or

send a classified document, the checklist saved at the negotiating

Protocol for at least 5 years, unless it is otherwise stipulated (§ 27 a

paragraph. 8). After this period, the person in charge of the leadership of the

Protocol control sheet out discarding control. ".



6. In section 4, paragraph 4. 2, the words "for the number" shall be replaced by

"Part number", the word "listed" shall be deleted and the words "numbers

of the classified document "shall be replaced by the words" data and characters

referred to in paragraph 1 ".



7. in paragraph 4, the following paragraph 3 is added:



"(3) in the case of evidence of a secret document in administrative

AIDS held in electronic form or in electronic system

the file must reference number in any order and contain the information and

the characters referred to in paragraphs 1 and 2. When converting to the documentary form

administrative AIDS held in electronic format when converting

the documentary form of output from an electronic records system,

that allows the management of administrative AIDS pursuant to § 3 (2). 1 and 2,

When you convert the administrative tools included in electronic form

the PDF/A format and converting the output from an electronic system

the filing service that allows management administrative tools under § 3

paragraph. 1 and 2 in PDF/A format, the composition of the number match

paragraphs 1 and 2. ".



8. in § 5 para. 3, the first sentence shall be inserted after the phrase "classification can be

indicate the individual paragraphs of a document classified by degree

the confidentiality of classified information contained in them. Identification of the competent

classification shall be carried out with the appropriate paragraph indicating the degree of

secrecy in accordance with paragraph 1, the text in the brackets before and after the text

the respective paragraph. In the case of a designation of classification in paragraph must

to be on the same side of the classified document classification

marked all paragraphs containing the classified information. ".



9. in section 6 (1). 3 the first sentence, the words "be crossed out with column # 1"

replaced by the words "in column # 1 is crossed out the acronym classification".



10. In the second at the beginning of the following new section 6a, which including title

added:



"§ 6a



Receipt of the consignment



If there is a fault on the shipment, especially if they are not on the covers

impressions of the stamps or are corrupted, if the torn envelope, or is

clearly, with the contents of the classified document review

an unauthorized person, if the number of sheets or attachments, writes about

a person who has taken on the consignment, it shall immediately record; the consignment shall be registered

According to the actual state. A copy of the record shall be sent to the sender. About referred to

fact, it shall promptly inform the safety Director of the addressee or

nominee. ".



11. in section 7 (2). 2, after the words "the registration in the register of Patch" the words

"and fix an accounting write on the classified document".



12. In paragraph 7, the following paragraphs 4 and 5 are added:



"(4) at the end of the calendar year of the Protocol's rules, or other

administrative aid pursuant to § 3 (2). 2 the second sentence so that it closes

the last entry, and this underlines the whole closes the allocation of numbers

meeting or other accounting designation this year. Below the underline

shall indicate the number of record numbers meeting or other

accountancy designations, which signs the person in charge of the leadership of the

log or other administrative tools under § 3 para. 2 sentences

the second and further Security Director or person in charge according to § 3 (2). 3

the second sentence.



(5) the rules of Protocol, Protocol, or other auxiliary meeting

administrative equipment according to § 3 (2). 2 the second sentence that are kept

in electronic form, shall be transferred to the documentary form, no later than

the end of the following calendar year, when changing the person in charge of their

management, or as needed, and adjusted according to § 3 (2). 3.

If the management of the Protocol, the Assistant of the Protocol or

other administrative tools under § 3 para. 2 the second sentence in the

electronic form or in electronic records system will allow

converting them to PDF/A format and representation as a separate

documents and the signing of a recognized electronic signature Act

electronic signature or electronic-based brand designations

qualified system certificate issued by an accredited

the provider of certification services and subsequently the measures by a qualified

a time stamp according to the law on electronic signature, or replace

These funds in a special way according to the law on Archives and

archival service, you do not need the rules of Protocol, an auxiliary meeting Protocol

or other administrative tools under § 3 para. 2 the second sentence of

transfer to the documentary form. The resulting document will be added to the

its plan and is assigned to discarding the character "A". The responsible person is

obligation to ensure that in the rules of the Protocol, the additional rules of the Protocol

or in other administrative AIDS pursuant to § 3 (2). 2 the second sentence of

all changes have been recorded. ".



13. in § 8 para. 3, the fourth sentence is inserted after the phrase "background material

prepare the processor only for your own use. "and the last is

be replaced by the phrase "copy of the document When the cryptographic ^ 2a)

the background material must not create. ".



Footnote 2a is added:



' 2a) § 37 para. 1 of law No 412/2005 Coll., as amended by Act No. 255/2011

Coll. ".



14. in § 9 para. 2 (a)) shall be deleted.



Subparagraph (b)) to d) are known as a) to (c)).




15. in section 9, paragraph 3, the following paragraph 4, including

footnote No. 10 to 12 as follows:



"(4) before the shipment, courier service, Courier Sender

^ notice in force proves to be 10) or a natural person certificate ^ 11) or

evidence ^ 12).



10) § 6 para. 2 of law No 412/2005 Sb.



11) section 12 of Act No. 412/2005 Sb.



12) § 85 of Act No. 412/2005 Coll. ".



The current paragraph 4 shall become paragraph 5.



16. in paragraph 11 (1) 2, after the word "glitch" is added to the comma, parentheses are

deleted and the word "example" shall be replaced by the word "particularly".



17. § 12 para. 7, the words "or record on the classified document

According to § 3 (2). 5 "are deleted.



18. in section 12, paragraphs 8 and 9 are added:



"(8) at the end of the calendar year of the Protocol's rules, or other

administrative aid pursuant to § 3 (2). 2 the second sentence so that it closes

the last entry, and this underlines the whole closes the allocation of numbers

meeting or other accounting designation this year. Below the underline

shall indicate the number of record numbers meeting or other

accountancy designations, which signs the person in charge of the leadership of the

log or other administrative tools under § 3 para. 2 sentences

the second and further Security Director or person in charge according to § 3 (2). 3

the second sentence.



(9) the rules of Protocol, Protocol, or other auxiliary meeting

administrative equipment according to § 3 (2). 2 the second sentence that are kept

in electronic form, shall be transferred to the documentary form, no later than

the end of the following calendar year, when changing the person in charge of their

management, or as needed, and adjusted according to § 3 (2). 3.

If the management of the Protocol, the Assistant of the Protocol or

other administrative tools under § 3 para. 2 the second sentence in the

electronic form or in electronic records system will allow

converting them to PDF/A format and representation as a separate

documents and the signing of a recognized electronic signature Act

electronic signature or electronic-based brand designations

qualified system certificate issued by an accredited

the provider of certification services and subsequently the measures by a qualified

a time stamp according to the law on electronic signature, or replace

These funds in a special way according to the law on Archives and

archival service, you do not need the rules of Protocol, an auxiliary meeting Protocol

or other administrative tools under § 3 para. 2 the second sentence of

transfer to the documentary form. The resulting document will be added to the

its plan and is assigned to discarding the character "A". The responsible person is

obligation to ensure that in the rules of the Protocol, the additional rules of the Protocol

or in other administrative AIDS pursuant to § 3 (2). 2 the second sentence of

all changes have been recorded. ".



19. In the heading of section 14 shall be added the words "and fix an accounting write-on

classified document ".



20. in § 14 para. 1, after the words "Fix registration in administrative

AIDS "the words" and fix an accounting write-classified

the document ".



21. in article 14, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



22. in article 15, paragraph 2. 3 the words "§ 18 para. 1 "shall be replaced by the words" § 17 para.

1. "



23. in section 18 at the end of paragraph 2 the following sentence



"The appropriate level of classification to the notebook or book shall

the number of sheets in the clauses referred to in a manner pursuant to § 3 (2). 3. "

.



24. In paragraph 20, the following shall be added at the end of paragraph 1 sentence



"Signature confirming receipt of classified document States in the rules

Protocol additional to the rules of the Protocol, lending the book delivery

the book, handling the book, at a collection of the sheet or the classified document

in the distribution list. How to confirm the receipt of secret document

registered in the administrative tools included in the electronic

the form provides for the person responsible, unless otherwise provided by the Ordinance to provide the

cryptographic protection of classified information differently. ".



25. In section 20 (2). 2 (a). a), the words "departments" are replaced by

the words "organizational components".



26. in section 20 (2). 2 (a). (b)), the words "organizational unit" shall be replaced by

the words "organizational components".



27. In article 20, paragraph 3, including footnote No 7 is deleted.



28. in paragraph 22 of the paragraph. 6, after the word "Save" the words ", if it is not

otherwise stipulated ".



29. in section 26 para. 1 introductory part of the provisions, the words "of classified

the documents ", the words" classification of top secret, secret and

Confidential ".



30. In article 26, paragraph 6 the following paragraph 7 is added:



"(7) are kept in the central registry lists of staff of the Office, which

You can allow access to classified information to the North Atlantic

the Treaty of the European Union or other classified information provided

in international relations. Lists must be updated and approved

the responsible person, her legacy by a person, or a security officer. ".



Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.



31. in section 26 para. 9 the first sentence, the word "courier" shall be deleted and the words "to the

abroad "with the words" courier ".



32. In section 27 para. 1 the introductory part, the words ' the provisions of the Written request for

consent to the establishment of the register contains "are replaced by the words" the authority of the State

a legal entity or individual entrepreneur shall send the Office a written

application for consent to the establishment of the register, which contains ".



33. In section 27 para. 2 the first sentence, after the words "personal"

the words "for the North Atlantic Treaty Organization,

The European Union or other bodies of a foreign power ".



34. In section 27, paragraph 7 to 10 are added:



"(7) classified documents a foreign power classification of top secret can

the registry provide another only through the central registry

the registry, unless in a particular case the central register otherwise.



(8) to the secret document classification of top secret, secret and

Confidential-provided in international relations shall be made out of control

sheet. The check sheet is not part of a classified document and

together with the classified document until its disposal or shipment. After

disposal or submission of a classified document control list stored in the

registry for at least 10 years in the case of a classified document instance

classification of top secret, or at least for 5 years in the case of classified

the document of a lower classification level. After this period, the person in charge of

the leadership of the log control sheet out discarding. Management



(9) to the secret document classification of top secret, secret and

Confidential-provided in international relations in the event of his departure

another registry, registry or an auxiliary control point shall be

receipt of acceptance of the classified document pursuant to § 21 para. 2.

Receipt of acceptance of the classified document is not part of the classified

document and is stored together with the document until its

disposal or shipment. After the Elimination of or submission of a classified document

the receipt is stored in the registry for at least 10 years in the case of

the classified document classification of top secret, or at least

5 years in the case of a classified document to a lower classification level. After

This period, the person in charge of the leadership of the receipt log

about receipt of classified document shredding destroys the control outside.



(10) in the registry are conducted under the authority of the State, legal persons or

entrepreneurial natural persons for which the registry is set up, the lists of persons,

You can allow access to classified information Organization

The North Atlantic Treaty, the European Union or other classified

information to other entities a foreign power. Lists must be updated

and approved by the responsible person, her legacy by a person, or a security

Director. ".



35. In section 27, the following paragraphs 11 and 12 are added:



"(11) in the registry is kept child registers including auxiliary

name, surname and signature cards leading auxiliary registers and

their representatives.



(12) the registry shall check classified documents registered in the

the registry to 31. December of the calendar year and the report on the control of

classified information held in the registry shall be sent to the central registry to the

15 February of the following calendar year, together with an indication of the number of

classified documents and their degree of secrecy. Pattern scan reports

classified information held in the registry is set out in annex 13

This Ordinance. ".



36. under section 27 the following is added to section 27a and 27b, that including the following titles:



"§ 27a



Auxiliary register



(1) in the registry are maintained, stored and sent the classified

documents provided in international relations.



(2) the head of the interim registry is responsible for protecting all classified

documents provided in international relations that are in the auxiliary

the registry is stored.



(3) an interim registry may pass classified documents to another registry

only through the registry in which the registry has been instrumental

set up.



(4) for classified documents provided in international relations Assistant

the registry shall apply mutatis mutandis to section 27 para. 4, 5, 8 and 9.



(5) in the auxiliary registry are conducted under the authority of the State, legal


person or the entrepreneurial natural persons that auxiliary registry

set up lists of persons, which can be used to allow access to classified

information North Atlantic Treaty Organization, the European Union or

other classified information provided in international relations.

Lists must be updated and approved by the safety Director or

by responsible person.



(6) in the auxiliary list is kept child registry checkpoints

including the name, surname and signature cards of workers control points.



section 27b



Checkpoint



(1) in the control point, classified documents provided by the international

contact recorded in auxiliary meeting logs and pass

to the processor.



(2) the control point can pass classified documents to another registry only

through the registry, within which was a checkpoint set up.



(3) for classified documents provided in international relations

checkpoint shall apply mutatis mutandis to section 27 para. 4 and 8.



(4) in the control point shall be kept under the authority of the State, legal persons

or entrepreneurial natural persons for which a checkpoint is set up,

lists of persons who may be granted access to classified information

North Atlantic Treaty Organization, the European Union or other

classified information provided in international relations. Lists must

be updated and approved by the safety Director or

responsible person. ".



37. the heading of section 29 reads as follows: "ensure the protection of classified information in

termination of authority of the State of the organizational units established by the authority of the State,

the legal person or the entrepreneurial natural persons ".



38. the following Annex No. 13, which including the title reads as follows:



' The annex to Decree No 13 no 529/2005 Sb.



Pattern scan reports of classified information held in the registry



Report on the annual review of classified information held in the registry

(the name of the authority of the State/legal persons/entrepreneurial natural persons) to 31.

December 20XX.



And) this we confirm that the registry had completed the annual check of the documents

NATO, which has a record of 31. December 20XX with this result:



1) has not been established that any NATO classified documents was not

registered, has been physically traced or were found to be incomplete,

or the following shortcomings have been identified in the register of classified

NATO documents:



2) the total number of NATO classified documents that are in the registry

stored at 31. December 20XX and for each classification level:



3) the total number of NATO classified documents received by the registry

the last calendar year:



4) the total number of NATO classified documents within the last skartovaných

calendar year:



(B)) this we confirm that the registry had completed the annual check of the documents

The EU, which has a record of 31. December 20XX with this result:



1) has not been established that any EU classified documents

registered, has been physically traced or were found to be incomplete, respectively.

the following shortcomings have been identified in the records of classified documents

EU:



2) the total number of EU classified documents, that are in the registry

stored at 31. December 20XX, for each classification level:



3) the total number of EU classified documents received by the registry

the last calendar year:



4) the total number of EU classified documents in the last skartovaných

calendar year:



(C)) That we confirm that the registry had completed the annual check of the documents

other entities a foreign power, which has a record of 31. December 20XX with

This result:



1) has not been established that any classified documents other

subjects foreign power has not been registered, not physically traced or has been

found to be incomplete, or have been identified the following shortcomings in the

the registration of other bodies classified documents a foreign power:



2) the total number of classified documents to other entities a foreign power,

that are stored in the registry on 31 December. December 20XX and for individual

classification:



3) total number of classified documents to other entities a foreign power,

received registry for the last calendar year:



4) the total number of classified documents of other subjects foreign power

skartovaných for the last calendar year:



If they are not stored in the registry, some of the above classified

documents (NATO, the EU or other foreign power), enter this

the fact of their sign and an expression of the free-form, which is

becomes part of the message.



Date........................., the responsible person/Safety Director

(signature)

......................... ".



Article. (II)



Transitional provision



Classified document made out before the date of entry into force of this

the Decree, which includes a checklist, or for which the control is

sheet is replaced with the record on the classified document, when recording

getting familiar with the classified document when it is saved and follow the

the existing legislation.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 2012.



Director:



Ing. He returned in r.