283/2014 Sb.
DECREE
from day 1. December 2014,
amending Decree No. 259/2009 Coll., on details of the performance of the file
services
Ministry of the Interior, establishes, pursuant to § 86 of law no 499/2004 Coll., on
Archives and records service and amending certain laws, as amended by
Act No. 190/2009 Coll., Act No. 167/2012 Coll. and Act No. 56/2014 Sb.
for the implementation of § 9 para. 2, article 15, paragraph 2. 1, section 19 (e). (g)), § 64 para. 2, §
66 para. 6, § 69 para. 4 and § 70 para. 1 of the Act:
Article. (I)
Decree No. 259/2009 Coll., on details of the performance of the file services
be amended as follows:
1. In article 2 (2). 1, after the words "in the case of" following the word "delivered" and
the words "its immediate registration" shall be replaced by the words "urgent
perform the tasks provided for in this Decree in connection with the channels,
marking and registration of documents ".
2. In article 2 (2). 2, after the words "media" the words
"published in accordance with paragraph 3 (b). (g)). "
3. In article 2 (2). 3 letter i) reads as follows:
"i) consequences of the defects of the documents referred to in section 4, paragraph 4. 2 and 3. ".
4. § 3 and 4 including the footnotes # 20 to 23 as follows:
"§ 3
(1) the originator of the record the date of the delivery of the public document. In the case of
a document in digital format with the exception of a document in digital format
delivered on a portable data public technical device of the originator
records also document delivery time to the nearest second.
(2) the Public promptly delivered by the originator of the document shall be endorsed in the
analog form, or its wrapper imprint of the stamp, podacího
where appropriate, the technological means of similar purpose, such as filing
stamp.
(3) a completed fingerprint podacího stamp or technological resource
a similar purpose, such as filing stamp contains
and the name of the producer, the public) who has been served,
(b) the date of service of the document) and if other legislation the obligation to
record the time of delivery of the document, its also time of delivery,
c) reference number or registration number of the separate registration of documents,
under which public records, the originator of the document delivered
(d)) the number of sheets of the document served,
(e) the number of documentary annexes to the document), and the number of sheets of those annexes,
where appropriate, the number of volumes of the documentary annexes to document and
(f) the number and kind of the annexes) of the document, if you are in the nelistinné form.
§ 4
(1) the originator of the public service to determine whether the document delivered in analog
the form of a complete and legible. Public service the originator detects whether it is delivered
document in digital form, including data messages, in which is included,
complete, you can view user-vnímatelným way, does not include
malicious code is in the data format in which the agent of the public
receives documents in digital form, and is stored on a portable
technical data medium on which public service the originator receives
documents in digital form, if it is to deliver the document used
portable technical data carriers.
(2) if the public finds out that the originator of the document delivered in
analog form is incomplete or unreadable, and is able to determine the
the sender of this document and contact information of the sender, the
the sender of the document detected the defect and provide for a procedure for its
the deletion. If not public agents delivered the defect
the document, in cooperation with its sender delete, public
the originator of the document also does not handle. If the public is not the originator of the
able to identify the sender of the document served, that is incomplete or
unreadable, and contact information of the sender, the document also does not handle.
(3) the public service the originator it shall proceed in accordance with paragraph 2 Accordingly, if
It finds that the document delivered in digital form, including data messages, in
which is included, is incomplete, it does not show the user-vnímatelným
in a way, contains malicious code, it is not in the data format in which
public service the originator receives documents in digital format, or it is not
stored on a portable technical device data on which public
the originator receives documents in digital form, if it is to deliver
the document used a portable technical data carriers.
(4) the public service the originator detects whether document is delivered in digital
form, including data messages, in which it is contained, signed by a recognized
electronic signature ^ 20) or marked by a recognized electronic
brand ^ 21) or provided with a qualified timestamp ^ 22).
(5) the public service the originator will verify the validity of the acclaimed electronic
signature and qualified certificate, which is recognized
an electronic signature based, recognized electronic tags and
qualified system certificate, which is recognized
electronic sign based, and a qualified timestamp ^ 23).
(6) where the public service the originator shall perform the file service in electronic
form in the electronic system records, records information about
the results of the findings according to the second sentence of paragraph 1 and paragraphs 4 and 5 in
the electronic system records. If the originator of the public
performs the file service in paper form, record the following details
manner specified in the order on the spisovém document in the analog form
formed by converting the document delivered in digital form, which is
made in question.
(7) the Recorded data on the outcome of the findings referred to in paragraphs 4 and 5 are
at least
a) name or business name of the accredited provider
certification services,
b) indication of the period for which the certificate was issued, or, if they are
known, the date and time of his tombstone,
(c)) the name or names, and surname, name or business name
the holder of the certificate and
(d)) the result, date and time of the validation of the acclaimed electronic
signature and qualified certificate, which is recognized
an electronic signature based, recognized electronic tags and
qualified system certificate, which is recognized
electronic sign based, and qualified time stamp,
requirements of a qualified timestamp and number list
certificate revocation, against which the validity of the certificates
verified if the certificate revocation list used for authentication.
(8) If the originator is a public able to from a document in digital
form, including data messages, in which it is contained, delivered on
e-mail address of the Registrar pursuant to section 2 para. 3 (b). c) figure
sender e-mail address, confirming the results of
findings pursuant to paragraphs 1, 4 and 5 to the sender to this address that the
the document has been served and meets the conditions laid down by this Decree and
public by the originator to receive the documents. Part of the report on the
delivery confirmation is at least
and) delivery date and time of the document, indicating the hours and minutes, or
seconds and
b) characteristic of data messages, which was contained in the document,
allowing its identification.
20) § 11 (1) 3 Act No 227/2000 Coll., as amended by Act No. 440/2004
Coll., Act No. 101/2010 Coll. and Act No. 167/2009 Sb.
21) section 11 (1) 4 Act No 227/2000 Coll., as amended by Act No. 101/2010
Coll. and Act No. 167/2009 Sb.
22) § 2 (b). r) Act No 227/2000 Coll., as amended by Act No. 440/2004
SB.
23) Decree No. 212/2012 Coll., on the structure of the data, on the basis of which the
possible to uniquely identify the signer, and the procedures for
verification of the validity of the advanced electronic signature, electronic
brand, a qualified certificate a qualified system
certificate and qualified time stamp (the Decree on the authentication
the validity of the advanced electronic signature) ".
5. footnotes 3 and 4 are deleted.
6. in § 5 para. 1 the words "under section 7 to 10" shall be replaced by the words "as if
details of the natural person who is not listed on the envelope ".
7. § 6 including the footnotes # 24 and 25:
"section 6
(1) if the originator of the file service shall be exercised by the public in paper
format, converts the document delivered in digital form by an authorized
document conversion ^ 24) or in any other way transfer pursuant to section 69 of the Act
to the document in analog form. Public invoker stores delivered
document in digital form, including data messages, in which is contained in
the form in which it was delivered, and shall keep it for at least 3 years from the
the date of delivery, if the content of the document is not associated with the exercise of the rights and
obligations, for which application of other legislation provides for
longer ^ 25); in this case the originator retains the document delivered for
fixed other legislation for the exercise of the rights and obligations of the
the facts contained in this document. Public invoker must affix the
the imprint of the podacího stamp, and other technological means
a similar purpose, such as filing a stamp the document on an analog
formed by converting the document delivered in digital form.
(2) if the originator shall be exercised by the public file service in electronic
form in the electronic system records, usually converts
delivered the document on an analog conversion of documents authorized
or in any other way transfer pursuant to section 69 of the Act to the document in the
digital format. Public service the originator retains the document delivered in
an analog for the preservation of the document in digital format
produced by converting the analog of the document served in other
way to convert under section 69 of the Act; If you convert a document
carried out by an authorized document conversion, the originator retains delivered
document in analog for at least 3 years, except
When the contents are connected with the exercise of rights and obligations for which
the application of other legislation provides for more ^ 25); in this case,
the originator retains the document after the period provided for other legislation for
the application of rights and obligations to the facts contained in the document.
(3) if the period delivered the converted document shredding by
paragraph 1 or an authorized conversion of documents transferred
paragraph 2 is less than 3 years, the originator retains the public delivered
document at least discarding periods.
24) section 22 of Act No. 300/2008 Coll., on electronic acts and
authorized conversion of documents, as amended by Act No 190/2009 Sb.
for example, 25) § 609 and following of Act No. 513/91 Coll., the civil
code, § 34 of Act No. 40/2009 Coll., the criminal code, Act No. 99/1963
Coll., the civil procedure code, as amended, law No.
141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by
amended, § 100 and following of Act No. 500/2004 Coll.,
administrative code, Act No. 563/1991 Coll., on accounting, as amended
regulations. ".
8. The footnote No 6 to 9 are deleted.
9. In paragraph 7 (2). 1, the first sentence is inserted after the phrase "is selected as the unique
the identifier used fingerprint podacího stamps, or other technological
the resource of the like purpose, such as filing a stamp, it may not contain
alphanumeric code. ".
10. In paragraph 7 (2). 2 and 6, § 19 para. 2 (a). (j)) and section 20 (2). 1 the words "§
4 "shall be replaced by" paragraph 6 ".
11. In article 7, paragraphs 4 and 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 4 and 5.
12. section 8 reads as follows:
"section 8
(1) the originator of the public records documents in the basic registration
Widget. The basic registration filing aid services performed in
electronic form in the electronic records system is
electronic system for filing services. The basic registration filing help
services performed in the documentary form is the journal of filing; Journal of filing is
the book created from a bound and numbered sheets of printed documents marked with
the name of the originator, for whom public service is conducted, the time period, in
which it is used, and the number of all the leaves.
(2) if provided for by other legislation ^ 10) or the agent of the public
in the spisovém procedure, the originator of the public records documents referred to
other legislation or with a file of procedure in a separate accounting
the device, which is a separate registration of documents; documents registered in the
a separate register of documents of the originator does not register in the public
basic registration widget. A separate register of documents in the
electronic form shall comply with the requirements laid down by the national
standard. A separate register of documents in paper form is a book
created from a bound and numbered sheets of printed documents bearing the name
public invoker, for which it is conducted, the kind of documents that
It recorded, the time period in which it is used, and the number of all
sheets.
(3) if the public service the originator of the writings using pickup-up records
documents constituting the file in a separate registration Widget, which is a collection
Arch; documents recorded in the capture of the sheet, with the exception of the initiation
the document originator company governed by public law in the basic registration widget
or in separate documents.
(4) the Public shall be indicated in the order of the originator of the spisovém enumeration used
accounting AIDS referred to in paragraphs 1 and 2, broken down by their
the registration forms on AIDS held in certificated form, and registration AIDS
kept in electronic form.
(5) the public service the originator shall ensure the registration against theft utility,
the loss, alteration, unauthorized access, destruction, or inadvertent
or unauthorised processing of data, as well as against other misuse.
(6) the originator shall be entered in the public records Widget
clearly and transparently, and in the records held in certificated form Widget
also, legibly and in a manner that ensures the durability of the registration. If the registration
aid held in documentary form, the agent of the public shall be bad
write in a way that ensures the readability of the writing even after the tax cut, and in
If necessary to make up the right to registration; the corrections made to the
public service the originator shall ensure the indication of the date of repair, names, or
name, surname and signature of the natural person who has carried out the repair.
(7) if the public service the originator used when writing to the registration
equipment referred to in paragraphs 1 and 2 of the keys, the registration widget in their
a list with explanations. ".
13. in § 9 para. 1, § 14 para. 3 the first sentence, section 19 para. 2 of the introductory part
the provisions of § 19 paragraph 1 and 2 (a). (h)), the words "documents"
shall be replaced by "registration widget".
14. in § 9 para. 1 and 2 and § 22 para. 2, the words "registration of documents"
shall be replaced by "registration".
15. in § 9 para. 1, the words "registration number of the document" shall be replaced by
the words "number or the registration number of the document from a separate
registration of documents ".
16. section 10 reads as follows:
"§ 10
(1) the originator of a document governed by public law in journal submission the following information:
and serial number of document), under which he is registered in the journal submission
(b) the date of service of the document) public agents, and provides for a different
legislation the obligation to record the time of delivery of the document also time
his delivery, or the date a document was the originator of the governed;
creation date of the document public the author means the date of his
registration in the journal submission
(c)) the sender information in the scope of the data required for the management of data on
the sender of the document in the register; If it is a document that you created
public author, enter the word "custom",
(d) the document from the register) identification documents of the sender, if available,
the document is marked,
(e) details of the quantity of a document) to the extent
1. number of sheets, if it is a document in paper form,
2. number of pages or number of volumes in paper format, attachments
3. number and type of attachments in nelistinné form including the attachments in the digital
form; for a document in digital form, the number and type of attachments lists
only in the case that is the nature of the document allows you to specify
(f)), a brief document content
(g) the designation of the organizational components of the public service), the originator of which was
the document assigned to the execution; If the author intended to be governed by
document processing is a natural person, the originator of the public at the same time
her name, or names, first and last name,
h) data on pending document in the range
1. method of discharge,
2. identification of the addressee in the range of the data provided for the management of data on
the addressee of the document in the register,
3. date of dispatch,
4. number and type of the submitted annexes; for a document in digital format with the
number and type of attachments only in case that is the nature of the document
allows you to specify, and
I) filing and shredding the character mode, which results from the allocated
the discard character, discarding periods, where appropriate, of the classification of the document
to discard the proceedings and other facts, that the originator of the public
down as the Startup event.
(2) the public service the originator of the document leads in the electronic system
records the information set out in paragraph 1 and
unique identifier of the document),
b) information about the fact whether it is a document in digital form or document
in analog form,
(c)) information as to whether the document was included in a selection of archival documents and whether the
the document has been selected as the papers, and
d) identifier that a document in digital format that was selected
as papers, allocated a national archive or digital archive.
(3) the public service the originator of the document leads in a separate register
documents held in paper form at least the information provided for in paragraph 1
(a). b), c), (f)) and i). The originator of the document leads the public in
a separate register of documents kept in electronic form at least
the information provided for in paragraph 1 (b). b), c), (f)), and i) and in paragraph 2.
(4) the order numbers in the registration widget consists of the number sequence
starts with the number 1 and is composed of integers for a continuous
consecutive. In the basic registration widget is conducted from the No.
the first calendar day of the time period that the originator of the public
provides for the management of number sequences (hereinafter referred to as "specified period"),
before the start of the time period.
(5) in the journal the public petition of the originator after the specified
period of blank lines below the last entry on the bottom of the page
be crossed out and make a record of the date of the last entry and
the last sequence number used in the suggestion of a journal; the record shall be entered in the
the form "Closed the day. .... serial number.....". Public
the originator of the further secures the connection name, or names, last name, and
the signature of the natural person responsible for the podacího journal to record.
(6) the electronic filing system will not allow the service to be written
the next document with the serial number of the registration document in the electronic
file system services that has already been allocated under this
the specified time period, or after a specified time period
was a written document or file whose record belongs to
following a specified time period.
(7) the provisions of paragraph 6, for the registration of the document in the already created
collection of the sheet according to § 12 para. 3 does not apply. ".
17. in paragraph 11 (1) 1 the second sentence, after the words "serial number"
the words "registration of the document in the base registration widget" and in a sentence
last, the words ' contains also reference number "shall be replaced by
"in the issue of the rules for the serial number of the registration document in the base
registration widget a hyphen or a slash and ".
18. in § 12 para. 2, the words "registration of documents or a separate
the registration of documents "shall be replaced by" registration widget ".
19. in section 12 paragraph 3 reads:
"(3) If the originator of the public creates the file by using the Assembly-
registers the initial document in the basic registration or the Widget
a separate register of documents giving information about the origin of the file
at the same time registers the initial document in the collection of the sheet as the first
document in the sequence. The following documents the file keeps track of the public
the originator of the only sheet collection. Public invoker leads in the capture
a sheet of information set out in section 10, paragraph 1. 1, 2, or 3, depending on the type of
registration equipment, in which the document is recorded. The capture of arch's
included in the file. ".
20. in section 12 shall be inserted after paragraph 3 of the new paragraphs 4 and 5 are added:
"(4) the public service the originator of the leads in the electronic system records
or in a separate register of documents kept in electronic form data
on the file to the extent
a unique identifier for the file)
(b) the contents of the file)
(c)) case number file
(d) the date of creation, file)
(e) the date of conclusion of the file)
(f) registry file, character)
g) mode the file shredding
h) data on file storage, which are the number of stored sheets documents
in paper form constituting the file or volume of annexes in the documentary
the form of the documents making up the dossier,
I) information whether the file contains documents in analog form and
their physical location,
j) information about the fact, whether the file is included in the selection of the records and whether the
the file selected as archival documents, and
k) an identifier that the file containing the documents in digital
the form, which was selected as the papers, gave the national archives or
digital archive.
(5) where the public service the originator of the file service in paper
the form, the information referred to in paragraph 4, except for the data points),
I), (j)) and on the cover of the file shall be). ".
Paragraphs 4 through 7 are renumbered 6 to 9.
21. in § 12 para. 6 letter a) is added:
"and, in the case of creation of the file) by bringing together documents or reference number
the registration number of the separate registration of documents of the first or
the last of a registered document, ".
22. in § 12 para. 6 for the letter a) insert a new subparagraph (b)), which read as follows:
"(b)) in the case of making the file reference number of the sheet using the pickup or
the registration number of the separate registration of documents of the initiation of the document
without the serial number of the entry of a document in the collection, or "sheet.
Letter b) is renumbered as paragraph (c)).
23. in section 12 paragraph 7 is added:
"(7) part of the vyřízeného file is a record of the request and the document
to which a file is executed, if a file is discharged pursuant to section 14 of the document
paragraph. 2 (a). a).“.
24. in § 12 para. 9, after the word "file", the words "and the file
the brand ".
25. in § 14 para. 3 last sentence, the words "documents"
replaced by the words "the relevant registration widget".
26. in article 15, paragraph 2. 3 last sentence, after the word "that" is inserted after the word "shall".
27. in article 15, paragraph 2. 5, the second sentence shall be inserted after the phrase "If the file contains
only documents of the discard character "with" public service the originator of the marks
discard the file with "with". "and the words" which has been assigned to the longest
discarding period "shall be replaced by the words" to be included in the
shredding no later than control ".
28. in article 15, the following paragraph 6 is added:
"(6) the public service the originator of which holds the file service in
electronic form in the electronic filing system services, processes
records retention and disposal schedule in electronic form in the structure intended for
sending according to the XML schema for the export and import of creation and retention
plan provided for a national standard. ".
29. in article 16 paragraph 1 reads:
"(1) the document made public by the originator and the intended to send
It contains a header, where the indication of the originator, which usually
make up a name or business name and address of the seat or other address
public service agent. ".
30. In article 16(1). 2 the following new letters and) and (b)), which read as follows:
"and the reference number of the document) or registration number of the document from the
a separate register of documents
(b) the reference number of the document served) or using the received registration number
a document from the separate register of documents, under which it is delivered
the document filed with its sender, if the vyhotovovaný document
responses to the document and if it is delivered in this document
the number specified, ".
Letters and) to e) shall become letters (c)) to (g)).
31. in section 16(1). 2 (a). (d)), the word "analog" is replaced by
"the documentary".
32. In article 16(1). 4, the words "the original or duplicate of this document,
where applicable, their copies of "shall be replaced by the words" a copy of the original of this
the document, or a copy of a judgement, or duplicate this
the document ".
33. In § 19 para. 2 (a). (c)), the words "complete file in analog
the form "are replaced by the words" the completeness of the file containing the documents in
analog ".
34. In section 19 para. 2 letter d) is added:
"(d)) the number of sheets in paper format, document the number of documentary annexes
the document and the number of sheets of these annexes, where appropriate, number of bundles
the documentary annexes to the document; for attachments in the form of their nelistinné the number of
and kind ".
35. In section 20 (2). 4, after the word "constructs" inserted after the word "usually", for
the words "shall" with the words "the total range included
documents and writings, "and the words" discarding period "shall be replaced by
"their shredding mode".
36. In section 20 (2). 5, the words "registration of documents kept in electronic
in electronic form "are replaced by the word" electronic ".
37. In section 20 (2). 5, the last sentence is replaced by the phrase "this list is
formed according to the XML schema for creating a data package to the SIP
set out a national standard and contains metadata based on XML schema
to record descriptive metadata inside the data package SIP
provided for national standard. ".
38. In section 21 para. 4 at the end of the text of the first sentence, the words "shall be added;
If this is about the documents in an analog recorded in the electronic
the system of records, the public also passes to the originator of the metadata
belonging to them ".
39. In § 21 para. 4 the last sentence, the words "belonging to them" be deleted and the
the words "requests the XML schema for the exchange of documents and their associated metadata
between the electronic system records set by the national
the standard "shall be replaced by" XML schema for creating the data
SIP package provided for a national standard, and the XML schema for
record descriptive metadata inside SIP set data package
the national standard ".
40. in paragraph 21 of the paragraph. 5 (b). e), the words "by the public and the originator of the"
shall be deleted.
41. In section 21 para. 7, the words "in the records held in electronic documents
the form "shall be deleted and the words" in the structure pursuant to section 20 (2). 5 Similarly, "
be replaced by "XML schema for sending data on the decision in
discard control and confirmation of acceptance with digital identifiers
the archives agents established a national standard ".
42. In article 21 paragraph 8 reads as follows:
"(8) public service the originator of the destruction of documents, which
have not been selected for archival documents and official stamps, which has not been selected
for papers, so that the documents in the analog form or official stamps
degrade to form rendering their reconstruction and identification
the content. In the case of documents in digital format public service invoker
makes their destruction by deleting from an electronic records system
and other stores. Similarly, the public service the originator of the destruction
documents in digital format, which have been selected as archival documents and
the public gave the originator of the replica to the digital archive. ".
43. In article 23, paragraph 7 is added:
"(7) the output data format of the metadata, which are equipped with relevant
documents in the electronic system records, is a data format
Extensible Markup Language (XML) Document according to the XML schema for the exchange of
documents and their associated metadata between the electronic system records
established the national standard, or data format Extensible Markup
Language (XML) Document according to the XML schema for creating the data
SIP package provided for a national standard that contains metadata
According to the XML schema for the record descriptive metadata inside the data
SIP package provided for a national standard. ".
44. In § 24 para. 1, point (b)) shall be deleted.
Former points (c) to (f))) shall become point (b)) to (e)).
45. In § 24 para. 1 (b). (c)), the word "existence" is replaced by
"existence".
46. In § 24 para. 2 (b)) shall be deleted.
Subparagraph (c)) to e) shall become letters (b)) to (d)).
47. In § 24 para. 3 (b)) shall be deleted.
Subparagraph (c)) to e) shall become letters (b)) to (d)).
48. In § 25 para. 2 the words "the registers of documents" shall be replaced by
"accounting AIDS".
49. In section 26 para. 1 the words "on the suggestion of the journal" shall be replaced by "and
keeps track of documents in a special registration widget in paper form,
which is a replacement registration documents (hereinafter referred to as "replacement registration"), and
to the extent referred to in § 10 (1). 1. "
50. in section 26 para. 3 (b). and) with the word "records" be replaced by the words
"given a converts ' and the words ' in the registration documents or separate
the registration of documents "shall be replaced by the words" to recording equipment in which
Typically, documents records ".
51. In section 26 para. 3 (b). (b)) the words "registration of documents or
a separate register of documents "shall be replaced by" registration widget in
that typically keeps track of the documents ".
Article. (II)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 2015.
Minister:
Inmate in r.