408/2000 Coll.
LAW
of 26 March. October 2000,
amending Law No. 89/1995 Coll., on State statistical service, in
as amended, and Act No. 582/1991 Coll., on the organisation and
the implementation of social security, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on State statistical service
Article. (I)
Law No. 89/1995 Coll., on State statistical service, as amended by Act No.
356/1999 Coll., Act No. 220/2000 Coll. and Act No. 257/2000 Coll., is amended
as follows:
1. in article 1, paragraph 1 reads:
"(1) State statistical service is an activity that involves getting
data, creation of statistical information on the social, economic and
the organic development of the Czech Republic and its parts,
the provision of statistical information and its disclosure. Her
part of it is also ensuring the comparability of statistical information and the
performance of the obligations of international treaties in the field of statistics, which is
Czech Republic bound. ".
2. In article 2 (2). 3, after the word "numeric" shall be inserted after the words "or
word "shall be replaced by" verbal or graphic ".
3. In article 2 (2). 6, the word "all" is deleted.
4. in section 2, paragraph 8:
"(8) identification number is a numeric code that is used to identify the
the economic body. ".
5. In paragraph 2, the following paragraph 9 is added:
(9) "agricultural activity" means for the purposes of this Act, agricultural
production (crop and livestock), including market gardening, horticulture,
beekeeping, fisheries, fur and other animal rearing, hunting and
the capture of the animals, the production of agricultural products, silviculture and extraction
wood, as well as the provision of services to ensure these activities. ".
6. in section 3, paragraph 2 reads as follows:
"(2) under the conditions and to the extent provided for in this law may state
the statistical service to carry out ministries and other central administrative
authorities (hereinafter referred to as "the Ministry"). Proceed according to the methodology
set by the Czech Statistical Office. ".
7. in section 3, paragraph 3. 3, after the words "in the manner prescribed" the words
"the special law ^ 2a)" and at the same time, the following new footnote.
2A), which read as follows:
' 2a) Act No. 101/2000 Coll., on the protection of personal data and on amendments
certain acts, as amended by Act No 227/2000 Coll. ".
8. In section 4, paragraph 4. 1 the first sentence after the word "Governments" shall be inserted after
the words "and the public" shall be replaced by the words "to the public and abroad".
9. in section 4, paragraph 4. 1 (b). and), the word "establishes" shall be replaced by
"lay down".
10. In section 4, paragraph 4. the letter g) and (h)):
"(g)) prepares health statistics and the movement of the population (hereinafter referred to as
"population statistics") and handles the demographic projection,
h) carries out business cycle surveys ".
11. in section 4, paragraph 4. 1 (b). I), the words "and of individual administrative units"
replaced by the words "and of its parts,".
12. in section 4, paragraph 4. 1, letter k) following the letter l) and (m)), which
shall be added:
"l) provides statistical information to a foreign country,
m) collaborates with international organisations for the unification of
international recommendations and standards in the field of statistics ".
Letter l) is renumbered as paragraph n).
13. in section 4, paragraph 4. 2 (b)) shall be deleted.
Subparagraph (c)) to e) shall become letters (b)) to (d)).
14. in section 4, paragraph 4. 2 (c)):
"(c)) provides on the basis of special legislation handling
the results of the elections and referendum ".
15. in section 4, paragraph 4. 3, the word "ensure" is replaced by "perform".
16. in section 4, paragraph 4. 3 (b). (c)), the words "when the content definition
statistical indicators "are deleted.
17. in paragraph 5 (b). (b)) in the first sentence the word "determination" is replaced by
"the creation" and the second sentence reads as follows:
"When obtaining data and the processing and evaluation of statistical
information sought, so as not to disturb the objectivity of the information and
have not been restricted or distorted details. ".
18. In paragraph 8 (d)) and e) are added:
"(d)) of the agricultural activity, even if it is not operated as a business
activity,
(e)) the technical means used for agricultural activity ".
19. In article 8 the following subparagraph (f)), which read as follows:
"(f)) and the use of agricultural land acreage used mimoprodukčním features
Agriculture. ".
20. in paragraph 9, paragraphs 1 to 4, including the footnote # 4), 4a), 5),
5A) 5b, 5 c)) and 5 d) shall be added:
"(1) the authorities of the executing State statistical service, use of your data,
which ministries and other administrative authorities obtained or collected on
under the specific legislation. ^ 4) ministries and other administrative
the authorities are required to the necessary data in a timely manner on request and free of charge
to provide, unless this Act provides otherwise.
(2) the Czech Statistical Office may require
and) from data obtained in the tax proceedings ^ 4a) data for statistical
registry, performance data and assets of economic entities with the determination
the place of performance and the scope of activities;
(b)), from data obtained in the customs proceedings ^ 5) the following information:
1. business name, registered office for legal persons, natural persons resident
and place of business if different from the residence and identification number
the exporter or the importer or declarant, ^ 5a)
2. type of goods, ^ 5b)
3. the type of trade and customs mode, ^ 5 c)
4. the country of destination, the country of origin or the country of the business,
5. the weight of the goods,
6. units of measure
7. the value of the goods;
(c)) from data obtained in the implementation of social security ^ 5 d)
details:
1. business name, registered office for legal persons, natural persons resident
and place of business if different from the residence, and the identification number of payer
social security contributions and contributions to the State policy
employment, which is a legal entity or a self-employed
gainfully employed,
2. number of individuals for which he is obliged to pay the premium to the social
Security and a contribution to the State employment policy.
(3) the authorities provide for statistical purposes and the guidance
statistical registers, the Czech Statistical Office on demand
free data from its information systems. Of the Ministry of
the executing State statistical service in may from the authorities of the territorial
Governments should free the provision of data for statistical purposes
only after prior approval by the Czech Statistical Office.
(4) the information provided under paragraphs 1 to 3 shall be in a form
that does not allow a direct determination of the natural or legal persons that
concern is not thereby thwarted the purpose for which the data
They provide.
4) for example, Act No. 133/2000 Coll., on registration of the population and the native
numbers and amending some laws (law on population register), law
No. 301/2000 Coll., on the civil registry, the name and surname and amending certain
related laws, Act No. 455/1991 Coll., on business, trade
as amended, law No 222/1994 Coll., on conditions for
business and public administration in energy sectors and on State
energy inspection, as amended by Act No. 82/1998 Coll.
4A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
later transcriptions.
5) Act No. 13/1993 Coll., the Customs Act, as amended.
5A) § 2 (b). n) Act No. 13/1993 Coll., as amended.
5B) § 2 (b). d) of Act No. 13/1993 Coll., as amended.
5 c) § 2 (b). m) Act No. 13/1993 Coll., as amended.
5 d) Act No. 582/1991 Coll., on the Organization and implementation of social
security, as amended. ".
21. in section 10, paragraph 1, including footnote No. 5e):
"(1) the programme of statistical surveys provides for the Czech Statistical Office
the decree drawn up in cooperation with ministries and other
administrative authorities and shall announce the ^ 5e) at 30. November
of the previous year.
5E) Act No. 309/1999 Coll., on the collection of laws and the Collection of international
contracts. ".
22. in article 15, paragraph 2 reads as follows:
"(2) the authorities of the executing State statistical service are required for
implementation of statistical surveys to send intelligence unit
free forms, as appropriate, technical information and provide
her the necessary methodological assistance. ".
23. section 16 and 17, including the title as follows:
"The obligation of confidentiality and the protection of individual data
section 16 of the
(1) employees of the institutions exercising State statistical service and other
natural persons who are responsible for processing of statistical surveys or
data collection for agricultural inventories, are obliged to maintain confidentiality
on individual data that are introduced; obligation of secrecy
They also have individuals who are familiar with the individual data
provided for the purposes of scientific works. For this purpose, are required to
entry into employment or work before the relevant pledge
non-disclosure agreement.
(2) the Promise of confidentiality: "I promise on my honour and conscience that
I won't write nesdělím or anyone I meet with individual
data collected for statistical purposes, which meet in accordance
with the provisions of Act No. 89/1995 Coll., on State statistical service, in
as amended, and that the data I use only for the purpose for
which they were conceived. " A promise of confidentiality is made up into the hands of the competent
the Minister, the head of the competent administrative authority or the authority or person
its designee.
(3) the Promise is made, if, having read the one who declares the promise
composed, "I promise." and, in respect of the composition of the promise of the original signature of the
the appropriate instrument. The Charter must be stated whether or not the date of composition of the promise.
(4) the provision or disclosure of individual data for the conditions
laid down by law (section 17) is not a violation of the obligations of the
non-disclosure agreement.
(5) the duty of confidentiality continues after the termination of employment or
the relevant work.
(6) persons, which falls over secrecy, not bodies
the executing State statistical service allow to become familiar with
individual data.
§ 17
(1) the authorities of the executing State statistical service
and can provide each other's) individual data under the conditions
established by a special law, 2a), if it is needed to ensure the
the national statistical service
(b)) may, if it is necessary for the performance of their tasks in the creation of
statistical information, to pass individual information to another person, that the
the basis of the Treaty ensures its processing for statistical purposes
(c) the individual may pass data) abroad, where necessary
to meet the obligations of international treaties, which the Czech Republic
bound, and if the receiving party shall ensure that at least such protection
This data, what is provided in the Czech Republic,
(d) the individual shall provide an indication of the Court), if it is necessary for the decision of the
about the breach of confidentiality laid down in this law.
(2) in exceptional cases, the authorities of the executing State
statistical service of individual information disclose, provide, or make use of the
for other than statistical purpose, if the person to whom this information is
given such concerns, the publication of, the provision of or the use of consent.
If this is an indication of a legal person, the consent must be signed by the statutory
authority. Consent must be in writing and it must be clear about
what individual indication as how and by whom it is to be used. The person to whom the
refers to, you may revoke your consent, the appeal cannot have retroactive
efficiency.
(3) for the purposes of scientific papers the authorities carrying out the State
the statistical service provide the individual information of the Czech Academy of Sciences
Republic or the University or another legal entity, the principal
Mission is scientific research, if a legal person, that these will be
the information provided shall ensure that the conditions for their protection and, if
all natural persons who will become familiar with these data,
a promise of confidentiality under this Act. Data shall be forwarded in the form,
which does not allow direct identification of the person to whom the data relate.
(4) If, in a specific file provided for statistical methodology
surveys to obtain more than one piece of information, the authorities of the executing State
the statistical service may disclose or provide information concerning the
one case, if taking into account the circumstances cannot be determined, or
to determine which persons this figure refers to.
(5) on the activities of the persons referred to in section 17 is in the processing of individual
data on natural persons for the purposes of statistical or scientific subject
the special law, 2a), with the exception of § 5 para. 1 (b). c).".
24. In paragraph 18, the following shall be added at the end of paragraph 4, the following sentences:
"The international organizations to provide the Department of statistical information
published by the Czech Statistical Office. If the Ministry provide
other statistical information, the provision of statistical
expanding information. ".
25. in article 18, paragraph 5, including footnote 7) is repealed.
26. the heading of section 19 reads: "statistical classification and statistical classifiers".
27. in section 19 (1):
"(1) the Czech Statistical Office in cooperation with the ministries creates
statistical classification and statistical classifiers (hereinafter referred to as
"classification") and provides information from them. ".
28. In article 19, paragraphs 4 and 5 shall be deleted.
29. in paragraph 19, the following new section 19a, which including the title reads as follows:
"§ 19a
Statistical registers
(1) the Czech Statistical Office shall keep a register of economic entities. In
the scope of this Act is the public list on the registry.
(2) for the purposes of the national statistical services, in particular for the preparation of
statistical surveys, the Czech Statistical Office creates these additional
statistical registers:
and) register census subdivisions,
b) agricultural register,
c) registry of accommodation facilities.
(3) for the keeping of registers provided for in paragraphs 1 and 2, the Czech
the Statistical Office to use the data obtained from other records. ".
30. In article 20, paragraphs 1 and 5 shall be deleted.
Paragraphs 2 to 5, 7 and 8 shall be renumbered 1 to 6.
31. in section 20 (2). 2 (b)):
"(b)) the trade name (name)".
32. In section 20 (2). 2 letter d) is added:
"d) territorial headquarters and identification of the place of business, postal address,
telecommunications links, as appropriate ".
33. In article 20 (2). 2 at the end of the letter k) dot is replaced by a comma and
following is the letter l) to r), including footnotes no 9a) to
9 d) shall be added:
"l) number of employees
m) amount of income (revenue), ^ 9a)
n) ^ 9b equity above) or foundation capital ^ 9 c) or tribal
Fortune, ^ 9 d)
about the cultivated area) agricultural and forestry land,
p) acreage cultivated arable land
r) the fact whether the subject actually does business or not.
9A) § 24 para. 6 (a). e) of Act No. 337/1992 Coll., as amended
regulations.
9B) Act No. 513/1991 Coll., the commercial code.
9 c) Act No. 227/1997 Coll., on foundations and Foundation funds and amending and
supplementing certain related acts (the Act on foundations and Foundation
funds).
9 d) Act No. 79/1997 Coll., on State enterprise, as amended
regulations. ".
34. In section 20 (2). 5, in the first sentence, the figure "3" is replaced by the figure "2".
35. In section 20 (2). 6 the first sentence reads as follows:
"The information referred to in paragraph 2 (a). k) to r) and in paragraph 3 shall
non-public. ".
36. under section 20, the following new section 20a to 20 d, including headings and
footnotes # 9e and 9f)) are added:
"section 20a
Census register circuits
In the registry are census census circuits circuits ^ 9e) from all over the territory of the
Of the Czech Republic. The registry contains
and the boundary and verbal description) of the Census district
(b) territorial identification home) ^ 9 f) in the circuit, including the address and
the coordinate location
(c)) the number of bytes in individual houses.
section 20b
Agricultural register
(1) the registry shall be kept in holding information on the persons who
operate agricultural activity, provided that the scope of this
their work matches any of the criteria laid down in the implementing
legal regulation.
(2) the register contains
and the business names for) legal persons, registered office, place of residence for individuals
and place of business if different from the residence,
(b)) identification number,
(c)) for natural persons, social security number,
(d)), the data obtained in the survey,
(e) the economic size and) the category of farming,
(f)) of production data quotas, subsidies and grants.
(3) if the registered person economic entity, the registry shall be also
its indoor unit (section 20 (3)).
§ 20 c
Accommodation register
(1) in the registry of the accommodation are kept details of the accommodation
devices that are used for temporary accommodation of persons and operated in
profit and the persons that operate them, (operators).
(2) in the registry referred to in paragraph 1 shall be the following:
and the business names for) legal persons, registered office, place of residence for individuals
and place of business if different from the residence,
(b)) identification number,
(c)) for natural persons, social security number,
d) address (location) of the accommodation
e) category accommodation
(f) the number of rooms and beds) used for the temporary accommodation of persons,
(g) the number of persons belonging to the operation) of the accommodation
h) services provided by the accommodation provider.
§ 20 d
The registers referred to in section 20a to 20 c are non-public. For the provision of data from the
apply the provisions of § 20 para. 6 second sentence accordingly.
9E) § 2 (b). (f)) of law No 158/1999 Coll., on the Census of population and housing in the
2001.
9f) § 2 (b). and Act No. 158)/1999 ".
37. In section 21 para. 1 the first sentence reads as follows:
"The identification number used to uniquely identify the economic
and the subject has only registration importance. ".
38. In section 21 para. 3 the first sentence reads as follows:
"Every economic entity is allocated only one identification
number. ".
39. In paragraph 21, the following paragraph 4, including the footnotes.
9 g) is added:
"(4) to uniquely identify a branch, and other organizational
a folder with a similar position ^ 9 g) identification number
economic entity, which is a part of, to which it attaches to the brackets
numbers expressing the order of this race in the commercial register.
9 g) § 7 para. 1 of the commercial code. ".
40. in paragraph 22 of the paragraph. 1, letter a) including footnote # 10) is added:
"and legal persons registered) register, foreign
people and organizational folders foreign persons, foundations, and Endowment
funds and generally beneficial companies Court, ^ 10)
10) § 28 para. 6 of the commercial code. ".
41. In paragraph 22 of the paragraph. 1, point (b)) the following new subparagraph (c)), and (d)),
that including the footnotes # 11a), 11b and 11 c)):
"(c)) ^ 11a) and associations of political parties and political movements ^ 11b)
The Ministry of the Interior,
(d)) to the churches, religious communities and other legal persons that
derive its legal personality of churches and religious
companies, ^ 11 c) the Ministry of culture,
11A) Act No. 83/1990 Coll. on Association of citizens, as amended
regulations.
11B) Act No. 424/1991 Coll. on Association in political parties and in
political movements, as amended.
11 c) Act No. 161/1992 Coll., on registration of churches and religious
companies. ".
Letter c) is renumbered as paragraph (e)).
42. In paragraph 22 of the paragraphs 3 and 4 are added:
"(3) for the purposes of identification numbers of index of the courts,
commercial offices, the Ministry of the Interior and the Ministry of culture
ensures the Czech Statistical Office.
(4) a legal entity that is not allocated identification number according
paragraph 1 (b). a), (c)) and (d)), or the branch of the State are
required to report its origin, as well as other data necessary to allocate
identification number and write to the registry of the Czech Statistical
authority, within 10 days after its establishment. A similar obligation, if
It is an amendment or termination of the above. ".
43. In paragraph 23, the digit "4" is replaced by the figure "3".
44. section 27:
the "section 27
The Czech Statistical Office the Decree lays down the
and) procedure when preparing the programme of statistical surveys (§ 10),
(b) the programme of statistical surveys) (§ 10),
(c)), the criteria for entry into the agricultural register referred to in section 20b paragraph 1. 1. ".
Article II
Transitional provision
Preparation and publication of the programme of statistical surveys for the year 2001 and
in 2001, the surveys shall be carried out in accordance with the existing
provisions.
PART TWO
Amendment of the Act on the Organization and implementation of social security
Article. (III)
In § 14 para. 3 of Act No. 582/1991 Coll., on the Organization and implementation of
social security, as amended by Act No. 308/1993 Coll., Act No.
241/1994 Coll., Act No. 160/1995 Coll. and Act No. 155/2000 Coll., the letter
g) including footnote No. 50a) is added:
"(g)), the Czech Statistical Office information provided for a special law, ^ 50a)
50A) Law No. 89/1995 Coll., on State statistical service, as amended by
amended. ".
Footnote No. 50a) is referred to as a note under
line # 50b), including links to a footnote.
PART THREE
The EFFECTIVENESS of the
Article IV
This Act shall take effect on 1 January 2000. January 1, 2001.
Klaus r.
Havel, v. r.
Zeman in r.
