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Changing The Laws In Connection With The Accession Of The Czech Republic To The Schengen Area

Original Language Title: změna zákonů v souvislosti se vstupem ČR do schengenského prostoru

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170/2007 Sb.



LAW



of 7 November. June 2007,



amending certain laws in the context of the Czech Republic

the Schengen area



Change: 274/2008 Sb.



Modified: 17/2012 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



cancelled



Article. (I)



cancelled



PART TWO



Amendment to the criminal procedure code



Article. (II)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

the Court declared under no. 214/1994 Coll., Constitutional Court

declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.

150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.

166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll., Act No. 227/2000 Coll., the Constitutional Court declared

under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.

Constitutional Court declared under no. 424/2001 Coll., Act No.

200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 279/2003 Coll., Act No. 237/2004 Coll., Act No.

257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.

587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.

Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.

165/2006 Coll., Act No. 253/2006 Coll. and Act No. 321/2006 Coll., is amended

as follows:



1. the following section is inserted after section 378 378a, which including the title reads as follows:



"§ 378a



The Schengen information system



(1) law enforcement Authorities may, for the purpose of criminal proceedings

to obtain information through the police of the Czech Republic from the information

the system created by the States, which are bound by the international treaties of

the removal of checks at the common borders and related

regulations of the European Union (hereinafter referred to as the "Schengen information system").



(2) the national member of the Czech Republic in the European unit for judicial

cooperation (hereinafter referred to as "national member at Eurojust") and his assistant have

through the European judicial cooperation unit (hereinafter referred to as

"Eurojust") access to the alerts issued in the Schengen information

the system of



and) people wanted for arrest and surrender on the basis of the European

the arrest warrant or extradition,



b) missing persons,



(c)), which is seeking for the purpose of service of documents

in criminal proceedings,



(d)) matters and property values and opinions sought for

the purpose of the seizure, confiscation or prevent.



(3) If the data are collected by the national member at Eurojust, or his

an Assistant recorded in the Schengen information system,

national member at Eurojust without undue delay about this fact

the State which issued the alert.



(4) national member at Eurojust and his assistant are in the context of its activities

the authority to collect data referred to in paragraph 2 and to dispose of as follows

the observed data to the extent necessary to carry out its tasks; These data

may not be used for any purpose other than for which it was collected. To the State,

that is not bound by international treaties concerning the Elimination of controls at the

common borders, the data can pass only with the consent of

State that the Schengen information system. ".



2. In the title of § 379, after the words "requests", the words "and the exchange of

information ".



3. In paragraph 379, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



4. In paragraph 379 of paragraph 1. 2, after the words "(hereinafter referred to as" Interpol ") ' shall be replaced

"or the Police Presidium of the Czech Republic."



5. In paragraph 379 of paragraph 1. 3, after the words "Interpol", the words "or

The Police Presidium of the Czech Republic. "



6. In section 386, after paragraph 1 the following paragraph 2 is added:



"(2) request the imposition of temporary custody of the accused to the authorities

a foreign State is replaced by an alert issued in the Schengen information

system for the purpose of arrest and extradition or surrender of the accused. ".



The former paragraph 2 becomes paragraph 3.



7. the following section is inserted after section 404 404a, which including the title reads as follows:



"section 404a



An alert in the Schengen information system



Alert issued at the request of the competent judicial authority of the Member State

the Schengen information system for the purpose of arrest and surrender of the person,

containing the information specified in § 405, for the purposes of a pass-through procedure

the same effects as the European arrest warrant; the acquisition of such record

at the same time replaced by the sending of a European arrest warrant, the State in which

is the person whose surrender is sought ".



8. In paragraph 405 of paragraph 1. 5 the first sentence and the second sentences are replaced by ' the European

arrest warrant delivered the Court that issued it, the Police Presidium

The United States to an alert in the Schengen information system

for the purpose of arrest and surrender of the person, a copy of the European arrest

orders at the same time delivers the Ministry of Justice. If it is known where the

person is, be served on the Court of the European arrest warrant to the competent authority

of the sending State in accordance with the law of the sending State in the

official or one of the official languages of the sending State or in another

the language in which it is relying to stand prepared to the European arrest warrant

take. ".



9. In paragraph 405 of paragraph 1. 6 the first sentence, the words "and 5" shall be replaced by the words "to 6".



10. In paragraph 405 of paragraph 1. 6 for the first sentence of the following sentence "If the European

the arrest warrant is cancelled, shall inform the Court of its cancellation without delay

The Police Presidium of the Czech Republic for the purpose of carrying out the necessary

measures. ".



11. under section 408, § 408a is inserted:



"§ 408a



The Supreme Public Prosecutor's Office may, in order to assign a record

prohibiting the detention of a person by requiring the State to a record in the

The Schengen information system for the purpose of arrest and transfer to define

the guidance for the Police Presidium of the Czech Republic, cases of the same kind,

where the surrender of the person on the basis of a European arrest warrant

excluded because of legal obstacles. "



12. in section 409, the following paragraph 4 is added:



"(4) a refund of the European arrest warrant pursuant to paragraph 3 of the State

the representative shall promptly inform the Police Presidium of the Czech Republic

the purpose of the implementation of the necessary measures and, consequently, the Ministry of

Justice. ".



13. in section 411 paragraph. 11 the second sentence, the words "also to the relevant Department

Police of the Czech Republic, which included a person to hunt in the Czech

Republic "shall be replaced by" the Police Presidium of the Czech Republic,

Consequently, the Ministry of Justice ".



14. in section 411 paragraph. 13 the first sentence, the words "the European unit for judicial

cooperation (Eurojust) "shall be replaced by the word" Eurojust ".



15. in section 411 paragraph. 13 the second sentence, the words "United Kingdom" shall be deleted.



16. in section 427, the following paragraph 5 is added:



"(5) If for the purpose of service of the document in the criminal proceedings to the person in

foreign State must search for the whereabouts of that person, the Court shall request and in

preliminary proceedings, the Prosecutor, the police of the Czech Republic about the acquisition

alert in the Schengen information system for these purposes. ".



17. in section 441, the following new section 441a, which including the title reads as follows:



"section 441a



The preliminary securing of things



(1) If, on the basis of the established facts, reasonable to expect that the foreign

State asks on reinsurance and pass certain things located on the territory of the

The United States under section 441, or issues a command to ensure as

means of proof or for the purposes of its forfeiture or prevents according

§ 460e or 460i, and due to its nature, there is a danger that its

later will be impeded or aggravated by hedging, the police authority

issue a command to the preliminary securing of this matter. For the preliminary securing of

things shall apply mutatis mutandis to section 79.



(2) for an order for interim secure things, inform the police

authority without undue delay, the Prosecutor or court has jurisdiction to

request for collateral and referral pursuant to § 441 or recognition

the command to ensure pursuant to § 460e and 460i.



(3) the Preliminary securing of things it takes as long as necessary, but no longer than 10

days of issuing the preliminary securing of things. About this fact

You must promptly inform the foreign State in whose interest was the thing

ensured, in order to ensure that the request and transmission of

this case or for the purpose of sending the statement to her security. ".



Article. (III)



Transitional provision



Until it will be possible through the Schengen information

the system to forward all data corresponding to the requirements of the European

the arrest warrant referred to in § 405 of the criminal code, has an alert issued


at the request of the issuing judicial authority of the Member State in

The Schengen information system for the purpose of arrest and surrender of the person

the same effects as the European arrest warrant. The record has the following effects

only until the receipt of the written original of the European arrest

warrant the State in which the person is to be surrendered.



PART THREE



Amendment of the Act on residence of aliens in the territory of the Czech Republic



Article. (IV)



Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended by Act No 140/2001 Coll., Act No.

151/2002 Coll., Act No. 218/2002 Coll., Act No. 222/2003 Coll., Act No.

436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.

559/2004 Coll., Act No. 428/2005 Coll., Act No 444/2005 Coll., Act

161/2006 Coll. and Act No. 165/2006, is amended as follows:



1. In § 118 paragraph. 1 the first sentence, the words ", and is a reasonable risk,

that could seriously endanger public order or safety

of the Contracting States, and the period of stay, you cannot allow foreigners entry

on the territory of the Contracting States "shall be deleted and the end of the paragraph, the following sentence

"It is a reasonable risk that could seriously endanger public

order or to the security of the Contracting States, shall inform the alien about the police

the fact that asks to record his person to the information

of Contracting States and shall instruct the alien about the implications of this

measures. ".



2. In article 154 para. 5 the second sentence, the words "details of his name and surname,

other names, date and place of birth, sex, nationality and

the reason for the designation of a foreigner for an unwanted person in the information system

of the Contracting States "shall be replaced by the words" to the information system of the

States of the data within the scope of a directly applicable legal regulation

Of the European communities ^ 20a) ".



Footnote # 20a:



"20a) Council Regulation (EC) no 871/2004 of 29 April 2004. April 2004 concerning the introduction of

some new functions for the Schengen information system, including in the fight

against terrorism. "



3. in paragraph 160, the following new section 160a is inserted:



"§ 160a



Access to the information system of the States parties



In accordance with the directly applicable European legislation

Community ^ 20a) and the international treaty on the Elimination of controls at the

common hranicích5a) have access to the data held in the information

the system of Contracting States



and) the Ministry,



(b) the Directorate of aliens and) border police,



(c) regional directorates) aliens and border police, and their

dislocation of the workplace,



(d)) of the Ministry of Foreign Affairs,



e) Embassy. "

.



4. In paragraph 163 at the end of the letter p) dot is replaced by a comma and the following

the letters r and s)) are added:



"r) decides on the inclusion of foreigners in the information system of the

States and its exclusion from this system,



s) carried out in accordance with the obligations of the United States arising on the basis of

international contracts for the removal of checks at common borders

consultation in the issuing of visas. "



PART FOUR



Amendment of the Act on asylum



Article. In



In Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended by law No. 2/2002 Coll., Act No. 218/2002 Coll., Act No.

320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act No.

501/2004 Coll., Act No. 539/2004 Coll., Act No. 57/2005 Coll., Act No.

350/2005 Coll., Act No. 112/2006 Coll., Act No. 135/2006 Coll. and act

No 165/2006 Coll., section 71a is inserted new section 71b which including notes

footnote 12b and 12 c:



"§ 71b



Access to the information system of the States parties



In accordance with the directly applicable European legislation

Community ^ 12b) and the international treaty on the Elimination of controls at the

common borders ^ 12 c) has access to the data held by the Department in

the information system secured States which are bound by international

contracts for the removal of checks at the common borders and with them

the relevant regulations of the European Union.



12B) Council Regulation (EC) no 871/2004 of 29 April 2004. April 2004 concerning the introduction of

some new functions for the Schengen information system, including in the fight

against terrorism.



12 c) the Convention, signed on 19 December. June 1990 in Schengen between the Belgian

Kingdom of Denmark, the Federal Republic of Germany, the French Republic,

Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of

the agreement signed on 14 July. June 1985 on the gradual abolition of checks

on the common borders. ".



Former footnote No. 12b and 12 c are referred to as comments below

line no. 12d and 12e, including references to footnotes.



PART FIVE



Amendment of the Act No. 218/2002 Coll.



Article. (VI)



In the article. (VI) of paragraph 1. 1 of Act No. 218/2002 Coll., amending Act No.

326/1999 SB. on residence of aliens in the territory of the Czech Republic and amending

certain acts, as amended by Act No 140/2001 Coll., Act No. 329/1999

Coll. on travel documents and on the amendment of Act No. 283/1991 Coll., on the police

The Czech Republic, as amended, (the Act on travel

documents), and Act No. 325/1999 Coll., on asylum and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(asylum Act), as amended by Act No. 2/2002 Coll., the words "points 4 to 6,

9, 10 "shall be replaced by the words" points 4 to 6 "and the words" in part 91, which

the following text "or is unwanted by the person to the information

the system of Contracting States ", 96, 97.0 ' shall be deleted and the words" Czech

Republic; "shall be inserted after the words" article. I, points 9, 10, 91 in the part that is

the following text "or is unwanted by the person to the information

the system of the Contracting States "and 96 and 97 points, which shall take effect on the date

run the Schengen information system in the Czech Republic

laid down in the decision of the Council of the European Union on the execution of the Schengen

information system in the Czech Republic; "."



PART SIX



Change of law no 428/2005 Sb.



Article. (VII)



In the article. In Act No. 428/2005 Coll., amending Act No. 326/1999 Coll., on the

the stay of aliens in the territory of the Czech Republic and amending certain acts, in

as amended, and some other laws, in point 1, the words

"39, paragraph 59, in terms of section 46a para. 2 (a). (b)), "be deleted and the words

"The Czech Republic" with the words "the provisions of article. I, points 39 and 59,

with regard to section 46a para. 2 (a). (b)), which shall take effect on the date of

run the Schengen information system in the Czech Republic

laid down in the decision of the Council of the European Union on the execution of the Schengen

information system in the Czech Republic ".



PART SEVEN



Amendment of the Act No. 159/2006 Coll.



Article. (VIII)



Act No. 159/2006 Coll., amending Act No. 326/1999 Coll., on stay of

aliens in the territory of the Czech Republic and amending certain laws, as amended by

amended, and some other laws, is amended as follows:



1. In article 1(1). XVI, at the end of paragraph 1, the word "and" shall be deleted.



2. In article 3(1). XVI, paragraph 2, the words "points 47 as regards § 46b para. 2 (a).

(c)), paragraph 64, in terms of section 75 para. 2 (a). and, § 75) paragraph. 3 sentence

the second and third, and § 77 para. 2 (a). (f)), point 65, concerning § 87e

paragraph. 1 (b). (b)) § 87e para. 3, § 87k para. 1 (b). (e)) and § 87k para.

2.0 "and the words" paragraph 101, in terms of section 158 paragraph 2. 1 (b). (b)) point 9.0 "

shall be deleted.



3. In article. XVI the end of dot point 2 shall be replaced by "a" and

the following paragraph 3 is added:



"3. article. I, point 47 in terms of § 46b para. 2 (a). (c)), paragraph 64, if

as for section 75 para. 2 (a). and, § 75) paragraph. the second and third sentence and section 77

paragraph. 2 (a). (f)), point 65, concerning § 87e para. 1 (b). (b)) § 87e

paragraph. 3, § 87k para. 1 (b). (e)) and § 87k para. 2, and section 101 in respect

of section 158 paragraph 2. 1 (b). (b) point 9), which will become effective on the date of execution

The Schengen information system in the Czech Republic laid down in

the decision of the Council of the European Union on the execution of the Schengen information

the system in the Czech Republic. ".



PART EIGHT



Amendment of the Act No. 165/2006 Sb.



Article. (IX)



In the article. XXI of Act No. 165/2006 Coll., amending Act No. 325/1999 Coll.

on asylum and on the amendment of Act No. 283/1991 Coll., on the police of the Czech Republic, in the

as amended, (asylum Act), as amended

regulations, and some other laws, the words "on the date of the removal of checks at the

State borders, as laid down in the decision of the Council of the European Union on the entry

into force of the Convention, signed on 19 December. June 1990 in Schengen between the

The Kingdom of Belgium, the Federal Republic of Germany, the French

Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands to the

the implementation of the agreement signed on 14 July. June 1985 on the gradual abolition of

checks at their common borders for the Czech Republic ' is replaced by

"on the day of launch the Schengen information system in the Czech Republic

laid down in the decision of the Council of the European Union on the execution of the Schengen

information system in the Czech Republic ".



PART NINE



cancelled



Article. X



cancelled



PART TEN



Change of the Customs Act



Article. XI



Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 35/1993 Coll.

Act No. 117/1997 Coll., Act No. 63/2000 Coll., Act No. 257/2000 Coll.,

Act No. 265/2001 Coll., Act No. 1/2003 Coll., Act No. 309/2002 Coll.


Law No. 322/2003 Coll., Act No. 356/2003 Coll., Act No. 361/2003 Coll.,

Act No. 186/2004 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll.

Law No 267/2006 Coll. and Act No 342/2006, is amended as follows:



1. Section 4a and 4b, including headings and footnotes # 1a through 1f

deleted, including references to footnotes.



2. in § 31 para. 2, letter a) the following new subparagraph (b)), which read as follows:



"(b)) which corresponds to the description search or missing persons,". So far

subparagraph (b)) to (g)) shall become point (c)) to (h)).



3. In article 31, paragraph 2, the following paragraph 3 is added:



"(3) the customs officer shall transmit without delay to the police of the Czech Republic a person

that when determining the identity of a reasonable suspicion that

It's about the person you are searching for. A customs officer shall inform the Police without undue delay

The United States, if the identification of finds that this is

about a missing person. ".



Paragraphs 3 to 5 shall become paragraphs 4 to 6.



PART ELEVEN



Road traffic (Amendment) Act



Article. (XII)



Act No. 361/2000 Coll. on road safety and amending

Some laws (road traffic law), as amended by Act No.

60/2001 Coll., Act No. 483/2001 Coll., Act No. 62/2002 Coll., Act No.

312/2002 Coll., Act No. 320/2002 Coll., Act No. 441/2003 Coll., Act No.

53/2004 Coll., the Act No. 229/2005 Coll., Act No. 411/2005 Coll., Act No.

76/2006 Coll., Act No. 226/2006 Coll., Act No. 262/2006 Coll. and Act No.

342/2006, is amended as follows:



1. In paragraph 116, at the end of the text of paragraph 2, the words "and shall notify

Representative Office of the loss, theft, damage or destruction of the

driving licence ".



2. In section 119 paragraph 1. 2, letter j) the following points (k) and (l)))

are added:



"to) a register of lost, stolen, damaged and destroyed driving

certificates and international driving licences,



l) records produced and unreleased forms international driving

licences and produced and unreleased forms a confirmation of notification

lost, stolen, damaged or destroyed driving licence ".



Letters to) and m) are known as letters m) up to).



Article. XIII



Transitional provision



In the register of lost, stolen, damaged and destroyed driving

certificates and international driving licences and in the records produced and

unreleased forms international driving licences and produced and

unreleased notification confirmation forms of loss, theft, damage to the

or destruction of the licence under section 119 paragraph 1. 2 (a). k) and (l))

Act No. 361/2000 Coll., in the version in force from the date of entry into force of

This law shall be registered, only the documents reported as lost,

stolen, damaged or destroyed from the date of entry into force of this Act

and the forms to be made from the date of entry into force of this Act.



PART TWELVE



Amendment of the Act concerning the conditions of the use of vehicles on the road



Article. XIV



Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 477/2001 Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll.

Act No. 193/2003 Coll., Act No. 103/2004 Coll., Act No. 186/2004 Coll.

Act No. 235/2004 Coll., Act No. 411/2005 Coll., Act No. 227/2006 Coll.

Act No. 309/2006 Coll. and Act No 342/2006, is amended as follows:



1. In section 4, paragraph 5, the following paragraph 6 is added:



"(6) the part of the registry is a separate registration of road vehicles

lost, stolen, damaged and destroyed the registration certificate

road motor vehicles and trailers, technical certificates

road motor vehicle and the trailer, and tables with

the assigned registration number and evidence produced billable

the forms of the certificate of registration of a motor vehicle and road

the trailer and technical licence road motor vehicle

and the trailer and produced and unpublished tables registration

the brand of the vehicle. ".



Paragraphs 6 to 10 shall be renumbered as paragraphs 7 to 11.



2. In section 91 paragraph 2. 1 the words "§ 4 paragraph 2. 7 "shall be replaced by ' paragraph 4 (4). 8. "



Article. XV



Transitional provision



In the register of lost, stolen, damaged and destroyed the certificate of

the registration of road motor vehicles and trailers,

technical licences, road motor vehicle and the trailer

and the tables with the registration mark and in the records produced

billable forms of the registration certificate of the road transport

the vehicle and trailer, and a technical certificate and produced and

unreleased tables license plate pursuant to section 4, paragraph 4. 6 of the Act

No 56/2001 Coll., in the version in force from the date of entry into force of this

law, are recorded only the documents or spreadsheets with registration

the brand name reported as lost, stolen, damaged or destroyed from the

the effective date of this Act and the forms or registration table

tags made from the date of entry into force of this Act.



PART THIRTEEN



Amendment of the Act on the protection of personal data



Article. XVI



Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended by Act No 227/2000 Coll., Act No. 177/2001 Coll., Act

No 450/2001 Coll., Act No. 107/2002 Coll., Act No. 309/2002 Coll., Act

No 310/2002 Coll., Act No. 517/2002 Coll., Act No. 435/2004 Coll., Act

No. 480/2004 Coll., Act No. 626/2004 Coll., Act No. 413/2005 Coll., Act

No 444/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No 342/2006, is amended as follows:



1. in paragraph 2 of the text at the end of paragraph 2, the words "international

the contracts are part of the legal order, and directly applicable,

regulations of the European communities ".



2. in article 2, the following paragraph 3 is added:



"(3) the Office shall exercise the scope of supervisory authority for the protection of

personal data resulting from international agreements, which are part of the

the rule of law. ".



3. In paragraph 4 (b). (b)), the words "any biometric or" shall be deleted.



4. in paragraph 4 of the text at the end of subparagraph (b)), the words "; sensitive

an indication is also biometric data, which allows direct identification of

or authentication of the data subject ".



5. in paragraph 9 (a). (h)), the word "or" at the end of point (a) is deleted, ch)

dot is replaced by a comma and the following word "or" and the following letter

(I)), which read as follows:



"i) processing under special laws in the prevention,

Search, detection of crime, the prosecution of criminal offences and

the hunt for individuals. ".



6. In paragraph 13, the following paragraphs 3 and 4 are added:



"(3) in the framework of measures referred to in paragraph 1, the administrator or processor

It assesses the risks related to



and instructions for) performance of processing of personal data by persons who have

immediate access to personal data,



(b) to prevent unauthorized persons to access) to personal data and to

resources for their processing,



(c)) to prevent the unauthorized reading, creating, copying, transmission,

Edit or delete records containing personal information and



d) arrangements that allow to specify and verify, to whom the personal data is

passed to it.



(4) in the area of automated processing of personal data is administrator

or processor under the measures referred to in paragraph 1 shall also



and) to ensure that the systems for the automated processing of personal data

use only the authorized person,



(b)) to ensure that natural persons authorized to use the systems for

the automated processing of personal data have access only to the personal

the data corresponding to the permission of such persons, and on the basis of specific

user permissions set up exclusively for these individuals,



(c)) to take electronic records, which enables you to specify and verify, when,

by whom, and for what reason the personal data is recorded or otherwise

processed, and



d) prevent unauthorized access to data carriers. ".



7. in section 29 para. 1 (b). a), the words "provided for by law"

shall be replaced by "provided for by law in the processing of personal data".



8. in section 29 para. 1 (b). (c)), the words "this Act" shall be replaced by

"the obligations laid down by law when processing personal data."



9. in section 29 para. 1 at the end of the text of the letter g), the words "and of the

directly applicable regulations of the European communities ".



PART OF THE FOURTEENTH



Amendment of the Act on weapons



Article. XVII



Act No 119/2002 Coll., on firearms and ammunition and on the amendment of the law

No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, and Act No. 455/1991 Coll., on trades

business (Trade Act), as amended, (the Act on

weapons), as amended by Act No. 320/2002 Coll., Act No 227/2003 Coll.

Act No. 228/2003 Coll., Act No. 537/2004 Coll., Act No. 361/2005 Coll.


Act No 444/2005 Coll. and Act No. 309/2006 Coll., is amended as follows:



1. § 46 para. 3 the words "and individuals who are holders of

European firearms pass, "shall be deleted and the word" transition ", the following

the words "on the outer border of the Czech Republic ^ 17a)".



Footnote # 17a is inserted:



"17a) Act No. 216/2002 Coll., on the protection of the State borders of the Czech Republic

and amending certain laws (law on the protection of national borders), as amended by

Act No. 480/2004 Coll. ".



2. In § 51 para. 2 the first sentence after the word "despite" is inserted after the word "outer" and

at the end of the paragraph, the following sentence "these obligations has on the inside

the border of the Czech Republic, if there is carried out border control

under special legislation ^ 17a). ".



PART FIFTEEN



The EFFECTIVENESS of the



Article. XVIII



This law shall enter into force on the date laid down in the decision of the Council of the European

the Union about running the Schengen information system in the Czech Republic, with

the exception provisions of article. I, point 3, which shall enter into force on the date of its

its publication, and the provisions of article. XVII, which shall take effect on the date of

the removal of controls at national borders, as laid down in the Council decision

The European Union on the entry into force of the Convention, signed on 19 December. June 1990

in Schengen between the Kingdom of Belgium, the Federal Republic of Germany,

The French Republic, the Grand Duchy of Luxembourg and the Netherlands

the Kingdom of Denmark for the implementation of the agreement signed on 14 July. June 1985 on

the gradual abolition of checks at common borders for the Czech

Republic.



Vaidya in the r.



Klaus r.



Topolanek in r.