88/2011 Coll. DECREE of 28 March 2011 on the technical conditions and the procedure for the collection of biometric data and the signature foreigners come for issuance of a residence permit Change: 194/2014 Coll. The Ministry of the Interior determined in accordance with section 59 para. 9 of Act No. 325/1999 Coll., On asylum and amendments to Act No. 283/1991 Coll., On the Police of the Czech Republic, as amended, (the Asylum Act), as amended by the Act No. 427/2010 Coll., and pursuant to section 182 paragraph of it. 1 point. g) and (h)) of Act No. 326/1999 Coll., on the stay of foreigners come in the Czech Republic and amending certain laws as amended by Act No. 427/2010 Coll.: § 1 Scope (1) This Decree regulates in relation to the right of The "European Union" ^ 1 ") the technical conditions and the procedure for the collection of biometric data contained in the data carrier card and residence permit for foreigners come who have been in the Czech Republic granted permanent or long-term residence , refugee or person under subsidiary protection (hereinafter referred to it as "foreigner"), including the procedure for the collection of biometric data for persons with unusual anatomical or physiological conditions for the acquisition of a facial image and fingerprints were taken from the right and left hand. (2) This Decree stipulates a) technical specifications and procedures for acquiring the signature foreigners come and how to implement this signature, (b)) the terms of protocol processing on the data processing required for issuance of a residence permit containing carrier with biometric data ^ 2) (hereinafter "the Protocol") and its pattern. section 2 Acquisition of biometric data, biometric data, foreigners come for issuance of a residence permit containing carrier with biometric data acquired by sensing the facial image and fingerprint foreigners come to digital technology. § 3 Acquisition of data on facial appearance (1) When recording data on facial appearance is the face of an alien captured in a front frontal view so that the central vertical plane of the face was an extension of the vertical plane of the lens of the digital camera and a horizontal plane face formed eyes were an extension of the horizontal plane of the lens digital camera to view the foreigner directed into the lens of the digital camera. Foreigners come may be allowed when capturing facial image have glasses with dark lenses only if it is blind, and headgear only if it uses it for medical or religious reasons, and a hat not cover your face so that it is impossible or would be hampered "identifying foreigners come. Facial image must comply with technical parameters according to the directly applicable EU-3). (2) When recording data on facial appearance is the face of an alien captured so that it captured and neutral facial expression and a closed mouth, eyes must be open and must be covered with hair. (3) Indication of facial stranger to the data carrier card for a residence permit processes even unresponsive due to unusual anatomical or physiological preconditions foreigners come in full the requirements of paragraph 1 or 2. § 4 Acquisition of fingerprint data (1) For each hand of the stranger is taken flat imprint (the "fingerprint") of one finger; fingerprints taken must comply with technical parameters according to the directly applicable EU-3). First scans the fingerprint of the right hand forefinger. In the absence of the required quality print of the index finger when the finger is injured or slides injuries, gradually the captures the fingerprint of the middle finger, ring finger and the thumb of his right hand, until fingerprint does not comply with the required quality. In the event that none of the fingerprint of the right hand does not reach the required quality is selected fingerprint, which has the best scoring set of fingerprint with lower quality. Similarly for the left hand. (2) After taking fingerprints pursuant this paragraph 1 shall verify the accuracy of their processing through a technical device which compares these captured fingerprints with prints of the same finger aliens currently displayed scanning device and to evaluate their compliance. (3) If the anatomical or physiological conditions in the hands of foreigners come will not allow the purchase of one hand impression of any finger, purchases of second-hand impression of only one finger. (4) If the reasons set out in paragraph 3 can not take any fingerprint or fingerprints foreigners come from one hand shall be avoided. (5) Recording about which the fingers of the left and right hand fingerprints taken, or the reasons for the failure to acquire fingerprints or fingerprinting of the other fingers than index fingers of the right and left hand, is made in the report. (6) The data carrier card for a residence permit to keep a record of it from which the finger fingerprint foreigners come were processed in the data carrier acquired, including information about the quality of the fingerprint. If it can not take any finger fingerprint hands of foreigners come, resulting in a data carrier record of this. § 5 Acquisition of signature (1) Signature of foreigners come designed for the issuance of residence permits are taken through a scanning device allowing the current automated digital processing. The stranger inside his own hand signs indicated and the protocol field in paper form, which covers the active zone of the sensor. (2) In the event that the acquisition of signing prevents the unbreakable obstacle on the part of foreigners come is performed on this fact to the log entry stating the specific reason that is causing the failure to acquire signatures. (3) The alien shall be signed in a way that meets the general requirements of a handwritten signature as an identification symbol and individuals who repeatedly uses as its authentication character; The signature is executed letters of the Latin alphabet only in cases where the alien is in this manner also signed in his passport or other identification document submitted it to verify their identity. section 6 of the Protocol (1) Protocol is processed in electronic and paper form. A model report is given in the Annex hereto. (2) The accuracy of the data that was on foreigners come in the log compiled using information system of foreigners come or information systems maintained by the Asylum Act, prior to the acquisition of biometric data would make it for the foreigners come verifies purpose of identification documents submitted. (3) the Biometric information collected under sections 3 and 4, and the record of that from which finger the fingerprint taken, or record that the fingerprint was not captured, and digital processing of the signature to be used for creating a data file that is a sealed protective code and attached to the Protocol in electronic form intended for the production of a certificate of residence permit (hereinafter referred to it as "protocol designed for production"). (4) the acquisition of biometric data on facial appearance is also applicable for protocol processing in paper form, which appears as a proofing facial appearance. (5) An alien with his signature attached to the protocol in paper form confirming the accuracy and completeness of the data processed by it verified the accuracy of the inspection protocol and print facial and grant consent to the use of digital processing for the production of its signature card for a residence permit; Agreement pursuant to the first sentence, this foreigner to be granted on the basis of visual inspection carried out by him display the digital signature processing on-screen technical equipment. If the connection to the signature certifying the accuracy and completeness of protocol processing prevents unbreakable obstacle on the part of foreigners come is carried out in the log record of the expressed consent of the correctness and completeness of the foreigners come protocol processing. (6) The Protocol in written form after verifying the accuracy of the data it processed the stranger and stranger statement of guidance on the conditions for further processing of the data contained in the Protocol shall affix the signature of the person responsible for processing the protocol and official stamp. (7) After the stranger with his signature attached to the Protocol in certificated form will confirm the correctness and completeness of the protocol processing, possibly after being out in the Protocol made and record under paragraph 5, the protocol for the production of the electronic signature affix based on a qualified certificate issued by an accredited certification service provider; 4) the person responsible for protocol processing. § 7 Technical Conditions protocol processing (1) Protection code according to § 6 para. 3 is automatically generated by the system for protocol processing in electronic form in a manner that ensures the safety, authenticity and integrity of the captured biometric data in the course of their transmission and further processing in the production permit card stay. System protocol processing electronic means source processing portion of operating systems, which includes data for issuing certificates of residence permits under other legislation ^ 5). (2) The digital protocol processing in electronic form not to communicate with any information systems, or other electronic media, with the exception of the information system of foreigners come ^ 6) and operating systems, which includes data for issuing certificates of residence permits under other legislation ^ 5); This does not affect the secure transmission protocol designed to produce the card manufacturers for a residence permit. § 8 Conditions for verification of biometric data when verifying the accuracy of biometric data in and data carrier with biometric data for the purpose of issuance of the permit procedure is a way that excludes any other, even unsystematic operations with these data, in particular the collection, storage on data carriers, disclosure, adaptation or alteration, use, transmission, distribution, publishing, storage, exchange or combination; Similarly proceed in checking the accuracy of the fingerprint according to § 4 para. 2. section 9 of the Effect This Decree shall take effect on May 1, 2011. Minister: Mgr. John COR Appendix MODEL OF PROTOCOL 1) of Council Regulation (EC) no 1030/2002 laying down a uniform format for residence permits for third-country nationals, as amended by Council Regulation (EC) no 380/2008. 2) section 59 para. 4 of the Act No. 325/1999 Coll., On asylum and amendments to Act No. 283/1991 Coll., On the Police of the Czech Republic, as amended, (the Asylum Act), as amended by Act No. 427/2010 Coll. section 117a par 4 of Act No. 326/1999 Coll., On the stay of foreigners come in the Czech Republic and amending certain laws as amended by Act No. 427/2010 Coll. 3) Commission Decision 2009/3770/EC adapting the technical specifications for the uniform format for residence permits for third-country nationals, as amended by Commission Decision 2011/5478/EU Commission Decision 13/6178/EU. 4) section 11 of Act no 227/2000 Coll., On electronic signatures and amending certain other acts (Electronic Signatures Act), as amended by Act No. 226/2002 Coll., Act No. 440/2004 Coll., Act No.. 101/2010 Coll. and Act No. 424/2010 Coll. 5) section 158a par 4 of Act No. 326/1999 Coll., As amended by Act No. 427/2010 Coll. § 71 para. 11 of Act No. 325/1999 Coll., As amended by Act No. 427/2010 Coll. 6) section 158 paragraph. 1 of the Act No. 326/1999 Coll.