263/2011 Sb.



LAW



of 29 April 2004. July 2011,



amending Act No. 365/2000 Coll., on public information systems

management and amending certain other acts, as amended

legislation, law No. 300/2008 Coll., on electronic acts and

authorized conversion of documents, as amended, and other

related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on information systems of public administration



Article. (I)



Act No. 365/2000 Coll., on public administration and information systems of the

amendments to certain other laws, as amended by Act No. 517/2002 Coll., Act

No 413/2005 Coll., Act No. 444/2005 Coll., Act No. 70/2006 Coll., Act

No 81/2006 Coll., Act No. 110/2007 Coll., Act No. 261/2007 Coll., Act

No 130/2008 Coll., Act No. 190/2009 Coll., Act No. 223/2009 Coll., Act

No. 227/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:



1. In section 2, the letter q) repealed.



Letters r) to x) are known as q) to w).



2. In section 4, paragraph 4. 1, point j) repealed.



Letters to) and m) are known as the letters of j) to (l)).



3. In paragraph 4, at the end of paragraph 2, the period is replaced by a comma and the following

the letter j) is added:



"j) checks the performance of the focal points of the public administration.".



4. section 6f including title:



"§ 6f



Portal of the public administration



(1) the public administration Portal is an information system of public administration

ensuring access to the information of State authorities, authorities of territorial

Governments and public authorities, which are not State bodies

Neither the authorities of territorial self-governing units, (hereinafter referred to as "public authority"), and

communication with public authorities.



(2) the public administration Portal provides access to information obtained

the basis of the information activities [section 2 (a))] public authorities in particular, in the

field of social security, health care, management,

public finance, subsidies, public procurement, State statistical

services, registration and identification of people, their components and the rights and

the duties of such persons or their components, and the creation and publication of the laws

regulations.



(3) the public administration Portal provides communication with the public authorities

through data banks and through the contact points

the public administration.



(4) the public administration Portal provides access to information on the physical

persons and legal entities, in particular, to forms in electronic format

These people, and communication with the natural persons and legal entities.

The public administration portal provides access to information for individuals and

legal entities on the basis of a written contract between the administrator of the portal

public administration and the natural person whose information is provided

access, or a legal entity to which the information is secured

access. A natural person whose information access is provided, and

legal person whose information access is provided by the State on

ensure this access fee. Consideration is the income of the State budget,

selects the administrator of the portal of the public administration. Public portal administrator

the administration shall determine the conditions under which information will be individuals or

legal entities of public administration made available via the portal, and

the rules for determining the amount of remuneration and payment method and publish it

on the portal of the public administration. ".



5. section 6 g 6i, including heading up and footnote No 11 d shall be deleted.



6. In section 8a, the dot at the end of paragraph 2 is replaced by a comma and the following

the letter g) is added:



"(g)) the Bank that was granted authorization by the Ministry to exercise

the scope of the focal point of public administration (hereinafter referred to as "the person

authorized by the Ministry). ".



7. in section 8a of the paragraph. 3 the words "the holder of a postal license and the economic

Chamber of the Czech Republic "shall be replaced by" postal licence Holder,

Economic Chamber of the Czech Republic and a person authorized by the Department ".



8. in section 8a, the following new section 8b is added:



"§ 8b



(1) the Ministry shall be granted at the request of authorization for the performance of the scope of the

the focal point of public administration if it satisfies the material, personnel,

technical, safety and organizational conditions for the exercise of this

the scope of the. The Ministry shall decide on the application for an authorization to the 3

months from the date of its submission. Authorization is granted for a period of 5 years.



(2) the Ministry determines the material, personnel, technical, safety and

organizational conditions for the performance of the focal point of the public

Administration and exposes them in Journal and in a manner allowing remote

access. If the Ministry of the new conditions in the first sentence,

obligation on a person authorized by the Department meet the following conditions

first occurs on the first day of the sixth calendar month following

After the calendar month in which the disclosure has occurred, unless the

the Ministry for some time.



(3) a person authorized by the Department for authorization to apply the performance

the scope of the focal point of public administration 2 000 000 CZK for a fee

calendar year. If the authorization for the performance of a contact

the place of public administration granted during the calendar year, the person

authorized by the Ministry pays a proportion of the fee in the amount of one

twelfth annual fee for each started calendar month.

The fee is paid in the calendar year in which the authorization was granted to

performance of public administration, a contact point within 30 days from the date of

the decision of the Ministry to grant authorization has power, and

in other calendar years to 31 December 2000. January 1 of the calendar

of the year. The fee is the State budget revenue, selects to the Ministry.



(4) a person authorized by the Department shall be responsible for any damage caused in

connection with the performance scope of the focal point of the public administration.

A person authorized by the Ministry of liability, if exempt,

that damage could not have been prevented nor unavoidable despite all efforts,

that can be at her request.



(5) the Ministry checks the person authorized by the Department of performance

material, personnel, technical, safety, and organizational

the conditions for the performance of the focal point of the public administration.



(6) the Ministry is authorised to limit the person authorized by the Ministry of

the time necessary for access to the information system, the

through the performance of the focal points of the public

Administration, the Commission infringed if a person authorized by the Ministry of personnel, material,

technical, safety or organizational conditions for the performance of the

the focal point of public management seriously affecting the functionality of the way

information system, through which performance is ensured by

the scope of the focal points of the public administration.



(7) the Ministry shall withdraw that authorization for the performance of a contact

the place of the public administration,



and if the person) does not meet the authorized by the Ministry of personnel, material,

technical, safety or organizational conditions for the performance of the

the focal point of the public administration and in the absence of within 3 months from the date on which

the Ministry highlighted this fact, to correct, or



(b)) if so requested by a person authorized by the Ministry.



(8) the person to whom the authorization was for the performance scope of the focal point

public administration be withdrawn pursuant to paragraph 7, shall pay a fee in the amount of the sum of the

the fees referred to in paragraph 3, which would otherwise apply to the time loss

the validity of the authorization for the public performance of point of contact

Administration. The fee is paid within 3 months from the date on which the decision

Ministry to withdraw the authorization for the performance of the scope of the focal point

public administration, the judicial power. Fee income is the State

budget, selects to the Ministry.



(9) the Ministry leads the list of persons authorized by the Ministry, and

exposes it in a manner allowing remote access. For the needs of the management

list the person authorized by the Ministry shall immediately inform the

the Ministry on the number of workplaces, through which it exercises

the scope of the focal point of the public administration, the addresses of these sites and

about the changes in the number of these centers and their addresses. ".



Article. (II)



Transitional provisions



1. the obligation of professional secrecy, pursuant to section 6 of Act No. 367/2000 Coll.,

on information systems of public administration and on the amendment of certain other

law, in the version in force until the date of entry into force of this Act, shall remain

preserved even after the entry into force of this Act.



2. the public administration portal administrator retains the information pursuant to § 6i para. 4

Act No. 365/2000 Coll., on public administration and information systems of the

amendments to certain other laws, in the version in force before the date of application

the effectiveness of this law, after a period of three years from the time of their creation.



PART TWO



Amendment of the Act on electronic acts and authorized document conversion



Article. (III)



Act No. 300/2008 Coll., on electronic acts and authorized the conversion of

the documents, as amended by Act No 190/2009 Coll., Act No. 219/2009 Coll., and

Act No. 227/2009 Coll., is amended as follows:



1. in paragraph 6 of the text at the end of paragraph 2, the words "or performance

a specific agenda or activities of a public authority ".



2. In article 6 (1). 3 at the end of the text of subparagraph (a)) the following words "or


the name of the agenda or the activities of a public authority, for which the need is

the data box is established ".



3. in article 9, paragraph 3, including footnote # 10 reads as follows:



"(3) sign-in under paragraph 1 ensures the Ministry through the

It issues of access data or electronic means,

through an electronically readable ID ^ 10)

or by electronic means by third parties.

The details to access data and electronic means to log on

the Ministry shall determine by Decree. The provisions on access to information

apply mutatis mutandis to electronic resources and electronically readable

identification documents in the first sentence.



10) for example, Act No. 326/1999 Coll., on citizens ' licences, as amended by

amended, law No 582/1991 Coll., on the Organization and implementation of

social security, as subsequently amended. ".



4. in § 14 para. 3 (b). (j)) after the word "information", the words "binding

access data on the access data for an individual user

accounts in accordance with § 14a ".



5. in article 14, the following new section 14a and 14b, which including the title as follows:



"§ 14a



(1) the Ministry may, at the request of the person providing their services to the

the Internet, which are accessible through it operated

individual user accounts, mailing of such services (hereinafter referred to as

"Internet service provider"), allow the use of interface

information system data boxes, which are used to manage

access data and the identity of the persons authorised to have access to the data

mailboxes and binding access data of these persons to access data for the

individual user accounts (hereinafter referred to as "access interface").

The application shall include a description of how the use of the access interface.



(2) the Ministry shall decide on the application within 3 months from the date of its submission.

It complies with the Internet service provider the material, personnel,

technical, security and business conditions, the Ministry shall issue him

permission to use the access interface. Permit is issued for a period of

5 years.



(3) the Ministry determines the material, personnel, technical, safety and

organizational conditions for the use of the access interface and exposes the

It is in the Ministry and in a way allowing remote access.

If the Ministry of the new conditions in the first sentence, the obligation to

Internet service providers meet these conditions occurs

the earliest the first day of the third calendar month following the

the calendar month in which the disclosure has occurred, unless the

the Ministry for some time.



(4) Internet service provider applies for the use of the access

interface annual fee, calculated as the product of the amount of $ 100 and the number of

user accounts for his services, for which, in a given calendar year

He took advantage of the access interface. The fee shall apply until 31 December 2006. January

the following calendar year. The fee is the State budget revenue,

selects to the Ministry.



(5) the Internet service provider is liable for damage caused by the

connection with the use of the access interface. The provider

Internet service providers liability relieved, if he proves that the damage

It could not be prevented or unavoidable despite all efforts that can be

It may require.



(6) the Ministry of ISP checks the performance of the

material, personnel, technical, safety, and organizational

the conditions for the use of the access interface.



(7) the Ministry shall decide on the withdrawal of authorisation for the use of the access

interface,



and if) does not meet Internet service provider of the material, personnel,

technical, safety or organizational conditions for the use of

the access interface and the absence within 3 months from the date on which

the Ministry highlighted this fact, to correct, or



(b)) if so requested by this Internet service provider.



(8) the Ministry maintains a list of Internet service providers, who

use of the access interface, and exposes it in a manner allowing

remote access.



section 14b



The list of natural persons, self-employed natural persons, legal persons, and

of the public authorities, which have services set up and data mailbox zpřístupněnu



(1) the Ministry maintains a public list of natural persons-entrepreneurs

natural persons, legal persons and public authorities that have

services set up and data mailbox zpřístupněnu (hereinafter referred to as "the list of holders

data boxes "), which is accessed in a manner allowing remote

access. The list is part of the information system, the data boxes.



(2) a list of holders of data boxes are broken down into separate sections

for natural persons-led, for the entrepreneurial natural persons, for legal

people and for public authorities.



(3) a list of holders of data boxes contains the following information about the physical

persons, self-employed natural persons, legal persons, and

public authorities that have data services set up and zpřístupněnu

mailbox



and) in part led to a natural person



1. the name or name, last name, address of the place of residence or

another residence on the territory of the Czech Republic or the address of a residence outside the territory of the

The United States,



2. the identifier,



3. an indication of whether data box performs the function of a data box under section

6,



(b)) in the led for the entrepreneurial natural persons



1. name or first and last name, or business name, location

business and the identification number of the person, if any,



2. the identifier,



3. an indication of whether data box performs the function of a data box under section

6,



(c)) in part led to a legal entity



1. the trade name or name, address and identification number of the person

If it was allocated, the



2. the identifier or identifiers,



3. an indication of whether data box performs the function of a data box under section

6,



4. If a legal person set up more data banks of the legal

a person, an indication that the data box is another legal entity

data deposit box of a legal person, if the next data mailbox

legal persons established for the needs of internal organizational units

a legal person, the name of this internal business unit, and if the next

the data box legal persons established for a specific performance needs

the agenda or the activities of a legal person, the name of this agenda or activity,



(d)) in part led to public authorities



1. name, registered office and identification number of the person, if any,



2. the identifier or identifiers,



3. where a public authority established more data banks of the authority

public authorities, an indication that the data box of the public authority is

additional data deposit box by a public authority, if the additional data

Clipboard public authority established for the needs of internal organisational

units of the public authority, the internal name of the organizational unit

and if the next data box of the public authority established for the needs of

the performance of a specific agenda or activity of the public authority, the name of this

agenda or activity.



(4) at the request of the natural person who has services set up and zpřístupněnu data access

data on the Clipboard, it held in the list of the holders of the data boxes

destroyed.



(5) the Ministry for the maintenance of a list of holders of data boxes

data held in information system data. ".



6. in paragraph 2 of § 18a is inserted:



"(2) the document referred to in paragraph 1 is delivered at the moment when the

data mailbox logs on a person who has given the scope of their

permission to access this document. ".



7. in section 18a, paragraph 3 reads:



"(3) for the delivery of the document referred to in paragraph 1 shall be payable to the operator

data information system of remuneration which shall be determined according to the

price laws ^ 5). The remuneration shall be paid by a natural person operating a natural

person or legal entity, from which a data box was a document

sent. This person can determine that will cover the supply of document

that is the answer to the document referred to in the previous sentence. The remuneration referred to in

the first sentence can make for a natural person or a natural person-entrepreneur

the legal entity of which the document was sent to the mailbox, to pay

also other natural person individual entrepreneur or legal

the person shall submit to the operator information system data boxes

written consent of the individuals, the entrepreneurial natural persons or legal

of the person from which the document was sent to the mailbox, this method of

payment of remuneration or exit of authorized conversion of documents;

signature of the person in the written consent must be officially verified. The operator

information system data banks notify through

information system data boxes natural person-entrepreneur

natural person or legal entity, from which a data box to be

sent documents paid by way of third or fourth sentence,

This method of payment. ".



8. In section 20 (2). 1 at the end of paragraph (i)) the comma is replaced by a dot and the

the letter j) shall be deleted.



9. in section 20 (2). 3, the words ", the maximum size of data messages and the time


saving data messages in a mailbox "are replaced by the words" and the maximum

the size of the data message ".



10. in section 20, the following paragraph 4 is added:



"(4) the Ministry shall ensure that the storage of a data message in the data supplied

mailbox. The minimum period of storage of a data message delivered in a mailbox

the Ministry shall determine by Decree. At the request of the holder of the data boxes

allows the operator the information system data store

the delivered data messages in a mailbox for a period longer than the time

laid down by Decree. For storing data messages delivered in a mailbox

for a period longer than the term laid down by Decree, belongs to the operator

data information system of remuneration which shall be determined according to the

price laws ^ 5). ".



11. in section 30 paragraph 2. 1 the words "the holder of the postal license and the economic

Chamber of the Czech Republic "shall be replaced by" postal licence holder,

The Economic Chamber of the Czech Republic and the person that was the Ministry of

granted authorization for the performance of the scope of the focal point of the public

Administration, ".



PART THREE



Amendment of the Act on the Organization and implementation of social security



Article. (IV)



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.

424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.

53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.

359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.

413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.

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

161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.

267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court

the declared under no. 405/2006 Coll., Act No. 585/2006 Coll., Act No.

152/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.

270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 303/2009 Coll., Act No. 326/2009 Coll., Act No.

347/2010 Coll., Act No. 73/2007 Coll., Constitutional Court declared

under no 177/2007 Coll., Act No. 180/2007 Coll. and Act No. 220/2007 Coll.

is amended as follows:



1. In § 39 para. 1 the second sentence after the word "through"

the words "data box or".



2. In article 39, paragraph 7, including footnote No. 56a repealed.



3. In section 120a, paragraph 2, including footnote # 66a repealed and

at the same time, paragraph 1 shall be deleted.



PART FOUR



Amendment of the Act on banks



Article. In



In section 1 of Act No. 21/1992 Coll., on banks, as amended by law No. 84/1995 Coll.

Act No. 126/2002 Coll. and Act No. 230/2009 Coll., paragraph 4 reads:



"(4) the Bank shall engage in any other business than those that has

allowed in the license; It does not apply to activities carried out for another,

If ensuring of its operation and the operation controlled

other banks, financial institutions and ancillary services undertakings. Bank

can exercise the competence of the public administration, a contact point if

the holder of an authorization by a special Act. ".



PART FIVE



Amendment of the Act on social security and a contribution to the State

employment policy



Article. (VI)



In article 23 of Act No. 589/1992 Coll., on social security and

contribution to the State employment policy, as amended by Act No. 189/2006

Coll. and Act No. 261/2007 Coll., paragraph 5, including the footnotes

# 65 be deleted.



PART SIX



Amendment of the Act on building savings and construction savings State support



Article. (VII)



In section 2 of the Act No. 96/1993 Coll., on building savings and State aid

building savings, and the addition of the Czech National Council Act No. 586/1992

Coll., on income taxes, as amended by Act of the Czech National Council No. 35/1993

Coll., as amended by Act No. 422/2003 Coll., is at the end of paragraph 1, the following

the phrase "building society may also be exercised by the scope of the call

the place of the public administration, if the holder of the authorization referred to in the Special

of the law. ".



PART SEVEN



Amendment of the Act on health insurance



Article. (VIII)



In § 161 of Act No. 187/2006 Coll., on sickness insurance, as amended by

Act No. 239/2008 Coll., Act No. 305/2008 Coll. and Act No. 2/2009 Coll.,

paragraph 2 shall be deleted and paragraph 1 shall be deleted.



PART EIGHT



Amendment of the Act on basic registers



Article. (IX)



Act No. 111/2009 Coll., on basic registers, as amended by Act No.

100/2010 Coll. and Act No. 424/2010 Coll., shall be amended as follows:



1. In section 54 is at the end of paragraph 1, the period is replaced by a comma and the following

the letter n) are added:



"n) form, in electronic form for the submission and other acts,

does not preclude the enacting legislation requirements the performance agenda

using forms in electronic or paper form or

If the legislation does not require setting out the particulars of the performance agenda

the use of a special form, which is not possible without the limitations of print,

make available or distribute, or if using the form in the

electronic or documentary form with regard to the nature of the Act on the agenda

expedient; the form shall be submitted in a format permitting their sending

data deposit box and their automated processing. ".



2. § 54 para. 5 at the end of the text of the second sentence, the words ", and

be published on the portal of the public administration of the form referred to in paragraph 1 (b). n)

together with data on the agenda within the scope of the law on free

access to information ".



3. § 54 para. 6, after the words "change data", the words "or

other supporting documents ".



Article. X



Transitional provision



If the agenda is exercised on the date of entry into force of this law, it shall

the central administrative office or other administrative office with national jurisdiction

basis pursuant to § 54 para. 1 (b). n) Act No. 111/2009 Coll., as amended by

effective from the date of entry into force of this Act, the procedure provided for in §

paragraph 54. 6 of Act No. 111/2009 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



PART NINE



The EFFECTIVENESS of the



Article. XI



This law shall enter into force on the ninetieth day after the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.