Amendment Of The Protection Of Classified Information And The Administrative Fee.

Original Language Title: změna z. o ochraně utajovaných informací a z. o správních popl.

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255/2011 Sb.



LAW



of 21 June 1999. July 2011,



amending the law No 412/2005 Coll., on the protection of classified information and

about security, as amended, and Act No.

634/2004 Coll., on administrative fees, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the protection of classified information and security

the eligibility of the



Article. (I)



Act No. 412/2005 Coll., on the protection of classified information and security

eligibility, as amended by Act No 119/2007 Coll., Act No. 177/2007 Coll.

Act No. 296/2007 Coll., Act No. 32/2008 Coll., Act No. 124/2008 Coll.,

Act No. 126/2008 Coll., Act No. 250/2008 Coll., Act No. 41/2009, Coll.,

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



1. In article 3, paragraph 3. 2 (a). f), the words "or the existence of ' shall be deleted.



2. In article 3, paragraph 3. 4 (b). e), the words "or of the existence of" shall be replaced by

"The North Atlantic Treaty Organization," and the word "its" is replaced by

the word "their".



3. In article 3, paragraph 3. 5 letter e) is added:



"e) disruption of security operations or activities of the intelligence

services. ".



4. In article 6 (1). 3, the second sentence is replaced by the phrase "in the case of physical

a person against whom there is no responsible person in the first sentence, that the conditions

referred to in paragraph 2 and the notice issued by the responsible person

person or designated person who will allow the individual access to

classified information classification Reserved. ".



5. In article 6 (1). 3, the second sentence is inserted after the phrase "in other cases

compliance with the conditions referred to in paragraph 2 and the notice to a natural person

issued by the National Security Agency (hereinafter referred to as ' the authority ') on the basis of

a reasoned written request. ".



6. In article 7 (2). 1 the term "citizen" shall be replaced by the word "national".



7. In section 8 and 82, the words "if it does not look" are replaced by the words "or

looking at her ".



8. in § 9 para. 2 the words "every 3 years" shall be replaced by "every 5

years of age ".



9. in § 9 para. 3 (c)):



"(c)) the emergence of or leaving the employment, the Member or

a similar relationship, in which the person is to be given access to the

classified information, if the notice was issued by the responsible person

or her designee who allow individual access to

classified information classification reserved, or by the Office in accordance with § 6

paragraph. 3. "



10. in § 9 para. 3, letter e) is added:



"(e)) by announcing its theft or loss".



11. in § 9 para. 3 at the end of subparagraph (f)), § 14 para. 3 at the end of point (a)

(h)), § 18 para. 3 at the end of subparagraph (h)), § 48 para. 4 at the end of subparagraph (c)),

§ 56 para. 1 at the end of subparagraph (h)), section 74 para. 1 at the end of subparagraph (b)) §

paragraph 84. 3 at the end of subparagraph (b)), § 85 para. 3 at the end of paragraph (e)), § 153

paragraph. 1 at the end of the letter cc) and section 154 para. 1 at the end of subparagraph (d))

the word "or" is deleted.



12. In paragraph 9, the dot at the end of paragraph 3 is replaced by a comma and the following

letter h) to (j)) are added:



"h) by returning the notice to the person who issued it, and if it is not, so the authority,



I) the 15th day from the delivery of the certificate of the natural person or the document

or



(j) any of the data) by changing the contained therein. ".



13. in § 9 para. 4 the words ' b), c), (d) or (f))) "shall be replaced by ' b) to

(d)), f), (h) or (i))) ".



14. in section 9, paragraph 5, reads as follows:



"(5) if the holder of the notification within 15 days from the date of termination of the validity of the

in accordance with paragraph 3 (b). (e)), f) or (j)) will ask, in writing, of the person who notices

issued, on the issue of notice of a new, natural persons access to classified

information is not the demise of the validity of the original notification prejudiced; the one who

issued issues within 5 days of receipt of the request, notification of new

replaces the original. ".



15. in § 9 para. 6, after the words "paragraph 3 (b). "the words)

"or (g))", number "5" shall be replaced by the number "15" and the words "or (c))"

replaced by the words ", c) or i)".



16. in section 10, paragraph 1. 2 letter a) is added:



"and to communicate it in writing), who issued the notice,



1. a change relating to the conditions referred to in section 6 (1). 2 (a). a) and (c)),



2. theft, loss of or damage to the notification,



3. the day of receipt of the certificate of the natural person or the document



4. the facts set out in § 9 para. 3 (b). (c)), f), and (j)),

within 15 days from the date on which the change or event occurred,

or natural person learned. "



17. in section 10, paragraph 1. 2 (a). (b)), after the words "criminal records ^ 11)"

the words ", in the case of foreigners as well as confirmation of the State whose national is a

a national, as well as the State in which the alien has resided continuously

For more than 6 months in the last 5 years ".



18. In paragraph 11 (1) 3, after the words "Governments", the words ", the lessons

Director of the Office for foreign relations and information makes the Minister of the Interior

and guidance of the Director of military intelligence makes the Minister of defence ".



19. in paragraph 11 (1) 4, after the words "(§ 56 para. 1) "the words" or

termination of service or employment, the Member or

a similar relationship, in which the natural person granted access to the

classified information, ".



20. in § 12 para. 1 (b). a), the words "a citizen of the Member" shall be replaced by

the words "a member".



21. in § 13 para. 3 the part of the sentence after the semicolon including semicolon shall be deleted.



22. in § 14 para. 2 at the end of subparagraph (a)), the word "or" is deleted.



23. in paragraph 14, the dot at the end of paragraph 2 shall be replaced by "or", and

the following point (c)), which read as follows:



"(c)), the fact that the matrimonial property regime are clearly disproportionate to the properly

the avowed income individuals. ".



24. in § 14 para. 3 letter i) reads as follows:



"i) failure to provide the necessary participation in repeated security

proceedings initiated under § 101 paragraph. 1, or ".



25. in § 14 para. 3, the following point (j)), which read as follows:



"j) conditional cessation of criminal prosecution for an intentional criminal offence, or

the conditional postponement of the submission of the proposal for punishment for an intentional criminal offence,

which provided for the trial period has not yet expired, or approval

settlement for an intentional offence. ".



26. in § 14 para. 7, the words "referred to in paragraph 3," and the words ", if

the established facts raise doubts about the ability of natural persons

conceal information ' shall be deleted.



27. section 15 reads as follows:



"§ 15



Entrepreneurs, which is essential to the performance of its activities needs access to the

classified information



and classification of the reserved,) can allow access if



1. provide proof of a written declaration, its ability to secure protection

classified information (hereinafter referred to as the "Declaration of the entrepreneur"), or



2. possession of a valid certificate (§ 54),



(b) confidential and) grade higher, you can allow access if it is

possession of a valid certificate (§ 54) of the degree

confidentiality, unless otherwise provided by this Act (sections 58 to 62). ".



28. in article 15, the following new section 15a, which including the title reads as follows:



"§ 15a



Declaration of the entrepreneur



(1) the Entrepreneur is entitled to make a declaration to the entrepreneur, if



for the protection of a) has classified information classification of Reserved

create conditions corresponding to the form of access to this information (section 20)

and ensure its protection to the species concerned (section 5),



(b)), the responsible person is the holder of a notice, certificate natural person or

document.



(2) the conditions for access to classified information in accordance with § 15 (b).

and point 1 shows entrepreneur) providers of classified information degree

reserved (hereinafter referred to as "reserved information")

by passing the Declaration of entrepreneurs before the first access to this information;

the entrepreneur is entitled to require the submission of safety

documentation of the entrepreneur. Dedicated information provider shall send a copy

Declaration of the entrepreneur Office without delay.



(3) an entrepreneur, in which secret information classification of Reserved

will only arise, the entrepreneur shall send the Declaration immediately after it

they do, of the authority.



(4) an entrepreneur, that terminates access to the classified information degree

reserved, shall immediately be notified in writing of this fact, to whom

pursuant to paragraph 2 or 3 handed or posted by the Declaration of the entrepreneur; It

does not apply, if the extinction of the entrepreneur's declaration referred to in paragraph 5

(a). and).



(5) the validity of the Declaration of the entrepreneur shall cease



and) the expiration of 5 years from the date it was taken,



(b)) the date of receipt of written notification of the entrepreneur referred to in paragraph 4

dedicated information provider or authority



(c)) date of receipt of certificate,



(d) the cancellation or termination of the entrepreneur),



(e) if the entrepreneur) has stopped to meet any of the conditions referred to in

paragraph 1, or



(f) change any of the data) referred to in the Declaration.



(6) the Entrepreneur shall immediately notify the termination of validity of the Declaration

the trader referred to in paragraph 5 (b). c) to (f)), who referred to in paragraph 2

or 3 has transmitted or posted by the Declaration of the entrepreneur.



(7) the details of the entrepreneur's Declaration lays down detailed legal

prescription. ".



29. in § 16 para. 1 at the end of subparagraph (c)), the word "and" is replaced by a comma.



30. In article 16(1). 1 letter d) is added:



"(d)) where the responsible person is the holder of a valid certificate of physical persons

at least for such a classification for which asks for extradition of businessman


Entrepreneur certificate ".



31. in section 16(1). 1, the following point (e)) including notes below

line # 48:



"e) that when applying for the issue of a certificate of the entrepreneur pay

administrative charge under another law ^ 48).



48), Act No 634/2004 Coll., on administrative fees, as amended

regulations. ".



32. In article 16(1). 2, after the words "in paragraph 1, the words" (a) ". and)

to (d)) ".



33. In § 17 paragraph 2. 1, letter a) including footnote No 14

repealed.



Subparagraph (b)) to d) are known as a) to (c)).



34. In section 18 paragraph 2 reads as follows:



"(2) a security risk is



and statutory authority or) the activities of its Member, a member of the supervisory

the authority or the authorized agents against the interests of the United States,



(b)) statutory authority or its activity of a member, a member of the supervisory

the authority or the authorized agents of repression of fundamental rights and

freedoms, or support such activities,



(c)), the fact that the entrepreneur is a joint stock company with a form of shares

the owner of the alternate before shares are book-entry,



(d)), the fact that it is a partner that has a decisive influence on the choice of

or the appointment of a statutory or control body of the entrepreneur,

joint-stock company in the form of shares with different form than are

uncertificated shares. ".



35. In section 18 para. 3, points (d) and (e))) shall be deleted.



Subparagraph (f))) to (i) shall become points (d) to (g))).



36. In section 18 para. 3, the letter "e") the following new subparagraph (f)), which read as follows:



"(f)) intentional breach of a law partner of the entrepreneur, Member of the

cooperatives or other person who has a decisive influence on the election or

the appointment of a statutory or control body of the entrepreneur or

cooperatives, or its activities against the interests of the United States, ".



Subparagraph (f)), and (g)) shall become points (g) and (h)).)



37. In section 18 para. 3 letter h) is added:



"h) relationship of the person who has, on the basis of the employment law, a member or

Another contractual relationship affect the negotiations of the entrepreneur, to natural persons

or legal persons, or to a foreign power, that have developed or are developing

working against the interests of the United States, or ".



38. In section 18 para. 3, the following point (i)), which read as follows:



"i) repeated failure to provide the necessary synergies when proceedings opened

under § 101 paragraph. 1. ".



39. In article 18, the following paragraph 4 is added:



"(4) the interests referred to in paragraph 2 (a). (d)) and paragraph 3 (b).

(f)) is the ability to enforce a de facto or pursuant to the law the appointment,

appeal or the choice of the person who is the statutory body, or of a majority

people that are its members or members of the supervisory body of the entrepreneur

or cooperatives. Due in accordance with paragraph 3 (b). h) is the ability to affect the

hearing entrepreneurs through the rules governing this entrepreneur

controls. ".



40. In paragraph 19, the words "the occurrence of classified information shall be replaced by

"access to the classified information."



41. In section 21 para. 5, after the words "implementing regulation" shall be inserted after

the words "and in the manner laid down therein".



42. In paragraph 22 of the paragraph. 1, the word "shall" be deleted and the word "shall" is inserted

the word "originator".



43. In § 24 para. 2, after the words "in which" is inserted after the word "usually".



44. In article 24, paragraph 5 is added:



"(5) the Classified information is processed



and in a secure area of the relevant) category or higher,



(b)) in the object the appropriate category or higher, if it is ensured that the

the classified information to an unauthorized person has access,



(c)) in justified cases, with the written consent of the responsible person or

the Security Director of the object in a different category than the classification level

handled classified information, if it is ensured that the classified

the information does not have access to an unauthorized person, or



(d)) in justified cases, with the written consent of the responsible person or

the Security Director of the object, if it is outside the guarantee that the classified

the information does not have access to an unauthorized person. ".



45. In § 24 para. 6, after the words "secure areas", the words

"the appropriate category or higher".



46. In § 25 para. 1, after the word "stores", the words ", and objects

According to the highest degree of confidentiality of classified information, which is in them

handles ".



47. In article 25, the following paragraph 4 is added:



"(4) in justified cases, with the written consent of the responsible person or

her appointees can be on as long as necessary to change the class and the class

(II) if it is ensured that the information does not have access to classified

an unauthorized person. ".



48. In § 26 para. 2 at the end of the text of the first sentence, the words "shall be added; about

perform this check, you may ask the person responsible for

the secure area of the category of secret or top secret. "



49. In § 28 para. 1 (b). (b)), the words "a combination of measures referred to in section 30

paragraph. 1 (b). b), c) and (f)) "shall be replaced by the words" emergency

technical means ".



50. in section 28 para. 1 (b). (c)), the words "a combination of measures referred to in section 30

paragraph. 1 (b). (b)), and (c)) "shall be replaced by the words" emergency technical

funds ".



51. In § 28 para. 2, after the word "reserved" words ", and in

an object without a secure area or meeting area ".



52. In § 28 para. 3, the words "a combination of measures pursuant to § 30 para. 1

(a). b), c), (d)), and (f)) "shall be replaced by the words" emergency technical

funds ".



53. In § 28 para. 4 and in section 30 paragraph 2. 3 the words "armed forces"

replaced by the words "armed security forces".



54. In § 30 paragraph 2. 2, after the word "person" the words "or her

responsible person ".



55. In section 30 paragraph 2. 3, after the words "threat to the State of ^ 20)" the words ",

in the case of the intelligence operations of the intelligence services ".



56. In § 31 para. 3, after the words "paragraph 2", the words "and the measures

the physical security of an object without a secure area or meeting

the area shall be approved and "and after the word" person "shall be inserted the words" or her

the designated officer ".



57. In section 32 shall be inserted after paragraph 3 of 4 to 6 the following paragraphs shall be added:



"(4) the project the physical safety of the object categories top secret, secret,

and confidential without a secure area or in the rules area contains



and the) determination of the object, including its borders,



(b)) how to use the measures of physical security,



(c) the object and the code of conduct)



d) security plan object in crisis situations.



(5) the project physical security object category Reserved no

secure area contains the destination object, including its borders.



(6) on the project, physical safety in the cases pursuant to § 30 para. 3

the provisions of paragraphs 1 to 5 shall apply mutatis mutandis; scope of the project approved

and provides for the person responsible or designated person. ".



The current paragraph 4 shall become paragraph 7.



58. In paragraph 33 (a). (b)), after the words "regularly heard" be inserted

the words ", in the category of the object".



59. In paragraph 33 (a). (d)), after the words "and security" following the word "objects"

and at the end of the text of the letter shall be added the words "or on the category

the object ".



60. In section 34 at the end of the text of paragraph 2, § 38 paragraph 1(a). 2 at the end of the text

(a)), § 42 para. 1 at the end of the text of subparagraph (a)), paragraph 149. 1 on the

end of the text of the letter g) and § 153 para. 1 at the end of the text of the letter s)

the words "or her responsible person".



61. In article 34, paragraph 2, the following paragraph 3 is added:



"(3) the information system of the entrepreneur who has access to classified

information classification of reserved, may be approved to operate only in the

the time of validity of the Declaration of the entrepreneur; termination of validity of the Declaration

the entrepreneur shall expire whether or not approval of the information system into operation. ".



Paragraphs 3 to 5 shall become paragraphs 4 to 6.



62. In section 34 is at the end of the text of paragraph 4, the words "or 3".



63. In section 34 para. 5, section 59 paragraph 1. 5, and in section 60 paragraph. 4, after the word "person"

the words "or the authorized person".



64. In article 35, paragraph 4 reads:



"(4) the communication system must be approved in writing by the service responsible

person or authorised person. ".



65. In article 35, paragraph 4, the following paragraph 5 is added:



"(5) the communication system, the entrepreneur who has access to classified

information classification of reserved, may be approved to operate only in the

the time of validity of the Declaration of the entrepreneur; termination of validity of the Declaration

the entrepreneur shall expire whether or not approval of the communications system. ".



The present paragraph 5 shall become paragraph 6.



66. in paragraph 35, the following new section 35a, which including the title reads as follows:



"section 35a



Tactical manipulation of information



(1) the tactical information for the purposes of this Act, the secret

information with short duration because of confidentiality. Tactical information is

processes in the information or communication system and the transfer

protects cryptographic protection.



(2) the protection of tactical information to the level of classification of the secret can be

also secured file the measures laid down on the basis of the evaluation

risks. The conditions of different tactical manipulation of information modifies the

safety standard. ".



67. in the heading of title VII of part two: "the Protection of classified information

When processing in electronic form in a device that is not part of

information or communication system ".




68. section 36:



"§ 36



(1) when handling classified information in the electronic form in

a device that is not part of the information or communication system,

especially in a typewriter with the memory and the machine to copy,

record or view classified information or its transfer to another

data format, must be ensured the protection of the classified information.



(2) the authority of the State, legal persons and individual entrepreneur are

they are operated by the device referred to in paragraph 1, the

operational safety directive; only in accordance with it, you can handle the

classified information.



(3) security operational directive referred to in paragraph 2 shall be for

the device referred to in paragraph 1



and his safe) way,



(b) operational directive) for its users.



(4) conditions for safe operation of the equipment referred to in paragraph 1 in

Depending on the degree of confidentiality in it handled classified information

down implementing legislation. ".



69. In § 37 para. 1 the word "key" is deleted, the word "material"

the words "to ensure its function" and the words "a cryptographic

the document "shall be replaced by the words" cryptographic "document.



70. In article 37, paragraph 2 reads as follows:



"(2) cryptographic devices used for cryptographic protection

classified information shall be certified by the authority [of section 46 (1) (a).

c)].“.



71. In article 37, paragraphs 3, 4, 8 and 9 are deleted.



Paragraphs 5 to 7 shall become paragraphs 3 to 5.



72. In § 37 para. 3 the first sentence, the words ' key materials ' shall be replaced by

the words "material to ensure the cryptographic functionality of the resource",

the words "registration of cryptographic material" with the words "or to

the manufacture and testing of cryptographic devices "and the second, in a sentence

the words "responsible person" the words "or a security

the Director of ".



73. In § 37 para. 4, the word "key" is deleted, the word "material"

with the words "to ensure that the cryptographic functionality of the resource" and

the words "person responsible", the words "or the safety

the Director of ".



74. under section 37 shall be added to § 37a, which including the title reads as follows:



"§ 37a



Controlled cryptographic item



(1) a controlled cryptographic item means non-classified

the device or its part, included in the list referred to in paragraph 3,

used to protect the information processing or transmission, and

using cryptographic methods.



(2) a controlled cryptographic item can only be used in accordance with the

safety standard.



(3) the equipment referred to in paragraph 1 or part thereof on the basis of the written

the request of its manufacturer, importer, distributor or user authority shall approve

and shall be included in the list maintained by the controlled by cryptographic

items in the case that it is in accordance with the intentions of the United States in

ensuring the protection of classified information. ".



75. In § 38 paragraph 1(a). 1 letter c) is added:



"(c)) the production of a cryptographic device or material to ensure its

function. ".



76. In section 39 paragraph 1 reads:



"(1) the special competence of the worker's cryptographic protection

(hereinafter referred to as the "special expertise") includes knowledge of the provisions of the

the field of cryptographic protection of classified information, the ability of their

applications, and other capabilities in accordance with § 38 paragraph 1(a). 1. The following knowledge and

ability Office validates the examination in special professional competence (hereinafter

"the exam"). Exam takes place before the examining Board;

It is not a condition for its part to be performed in accordance with paragraph 3 (b). (b)).

The members of the examination Board shall be appointed by the responsible person or the authorized person

Authority or the authority of the State in accordance with paragraph 3 (b). a). To the person who passed the

Professional examination, the authority or the authority of the State in accordance with paragraph 3 (b). and)

certificate of professional competence and shall register.

Certificate of professional competence shall be issued for a maximum of 5 years. ".



77. In section 39, paragraphs 2 to 4 and 6 shall be deleted.



Paragraphs 5 and 6 shall be renumbered as paragraph 2 and 3.



78. In § 39 para. 2 the first sentence, the words "who filed

records by date of service "shall be deleted.



79. In article 39, paragraph 3 reads:



"(3) the authority may enter into a contract with the authority of the State to ensure the activities of

under section 52, the object of which is to perform



and vocational test and release) of the certificate of professional competence,

or



(b)) part of the professional examination, relating to § 38 paragraph 1(a). 1 (b). (b)), or (c)), and

the following § 38 paragraph 1(a). 1 (b). and).

The contract referred to in subparagraph (b)), the authority may also conclude with the entrepreneur. ".



80. In the heading of section 41 at the end of words "and controlled

cryptographic item ".



81. In paragraph 41, the following paragraphs 3 and 4 are added:



"(3) cryptographic Protection of the resource and material to ensure its

the function classification Confidential, without having to save them, you can

then ensure that the manner in which this cryptographic means and

material is permanently under the control of the authorized user.



(4) a controlled cryptographic item can be registered, operate,

store, transport, export, control and distribute in a way

to ensure its protection and to meet the demands of the security

standard. ".



82. In paragraph 42, paragraph 2 shall be deleted.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



83. In § 42 para. 3 and 4, the number "3" is replaced by "2".



84. in section 43 shall be added to § 43a is inserted:



"§ 43a



(1) the distribution and registration of cryptographic material in the Czech Republic,

cryptographic material of the European Union and the cryptographic material

distributed on the basis of an international treaty, with the exception of

cryptographic material for military purposes, the Office ensures.

The distribution and registration of cryptographic material Organization

The North Atlantic Treaty and the cryptographic material for military

the purpose of ensuring the Department of Defense.



(2) the conditions for registration, handling and control of the cryptographic material

in the Czech Republic, including in particular the possibility of setting up the accounts for

cryptographic material in the organs of the State or for the entrepreneur, leadership

records, control functions, responsibilities of the holders of the cryptographic

material for the Office or the Ministry of Defense and ensure the Messenger

services for European Union adjusts the cryptographic material safety

standard. ".



85. In paragraph 44 (b)) shall be deleted.



Subparagraph (c)) to) shall become point (b)) to (j)).



86. In paragraph 44 (b)), and (c)):



"(b)) Organization, the content and the method of carrying out vocational test,



(c)) the details of certificates of professional competence, ".



87. In paragraph 44, subparagraph (j)) at the end of the dot is replaced by a comma and the following

letters to) and m) are added:



"to) the method of evidence referred to in § 37 para. 5,



l) category of cryptographic facilities, the types of activities on

cryptographic work, and the minimum security requirements,



m) conditions of protection and cryptographic resource material in order to ensure

its functions pursuant to § 41 para. 3. ".



88. In the heading of section 45 and section 137 (a). l), the word "electromagnetic"

repealed.



89. In article 45, paragraphs 1 and 4 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2 and

paragraphs 5 to 8 shall become paragraphs 3 to 6.



90. in § 45 para. 1, after the words "classified information", the words

"classification of top secret, secret or confidential."



91. In § 45 para. 1 to 3 and in paragraph 53 (b). I), the word "electromagnetic"

repealed.



92. In § 45 para. 3, after the words "cryptographic resource"

the words ", in the approval of project safety communication system",

the words "based on" is added after the word "justified" and at the end of the text

paragraph 3, the words "in connection with the protection of classified

information ".



93. In § 45 para. 4 and 5, the words "paragraph 5" shall be replaced by "paragraph

3. "



94. In § 45 para. 5 the third sentence, after the words "cryptographic resource"

the words "or approved project safety

communication system "and the word" protocols "shall be replaced by the word

"the message".



95. In § 45 para. 6 is the number "7" is replaced by "5".



96. In § 46 para. 1 (b). (d)), the words "paragraph. 6 "shall be replaced by" paragraph.

4. "



97. In § 46 para. 6, after the word "contains" the words "identify

information system and ".



98. In § 46 para. 8 letter a) is added:



"and identify cryptographic workplaces)".



99. In paragraph 46, the dot at the end of paragraph 8 shall be replaced by "and" and the following

(c)), which read as follows:



"(c)) the category of the cryptographic workplace.".



100. In § 47 para. 3 and § 52 para. 4 (b). f), the words "in the Journal"

replaced by the words "on the Internet site".



101. In § 48 para. 4 (b)):



"(b)) in the case of the information system for the handling of classified

information classification Fusing faithful or higher termination of validity of the

Entrepreneur certificate ".



102. In paragraph 48, the dot at the end of paragraph 4 shall be replaced by "or", and

the following point (e)), which read as follows:



"(e) notification to the authority of the State or of) the entrepreneur who is the holder of


a certificate of cancellation information system. ".



103. In paragraph 49, paragraph 8, the following paragraph 9 is added:



"(9) the authority may establish in certifying cryptographic resource

its ability to protect the tactical information. ".



The former paragraph 9 shall become paragraph 10.



104. In § 52 para. 1 the words "§ 39 para. 7, § 45 para. 6 "shall be replaced by

the words "§ 39 para. 3, § 45 para. 4. "



105. In § 54 para. 3 (b). (b)), the word "mark" is replaced by

"placing".



106. In article 55, paragraph 2 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



107. In § 56 para. 1 (b). (g)), after the word "changing" the words

"one of".



108. In paragraph 56, the dot at the end of paragraph 1 is replaced by a comma and the following

the letters j) to (n)) are added:



"(j) the holder) by returning to the person who issued it,



to the date of receipt of a new certificate) of the natural person



l) the date of receipt of a new certificate for the same form

access to classified information of the entrepreneur



m) date of receipt of the decision refusing the issue of a certificate of physical persons for

the same degree of confidentiality, or



n) date of receipt of the decision refusing the certificate

the same form of access to classified information entrepreneurs. ".



109. In § 56 para. 2, the words "paragraph 1 (b). a), b) and (d)) "shall be replaced by

the words "paragraph 1 (b). a), b), (d)), j) or n) ".



110. In § 56 para. 3, the words "paragraph 1 (b). a) and b) "shall be replaced by

"paragraph 1 (b). and), (b)), j), or m). "



111. In paragraph 56, at the end of paragraph 3 the following sentence "in the case of termination of

validity of the certificate of the natural person referred to in paragraph 1 (b). (j)) and m) Office

in writing, inform the person responsible for the demise of the validity of the certificate

a natural person; The authority shall apply the same if termination of the validity of the

certificate of physical persons referred to in paragraph 1 (b). k) as regards the

certificates issued to natural persons of a lower classification level. ".



112. In § 56 paragraph 4 is added:



"(4) if the holder of the certificate of physical persons or entrepreneurs within 15 days

from the date of termination of the validity thereof pursuant to paragraph 1. e), (f) or (g)))

requests in writing, the authority for the issue of a new certificate, access to natural persons

or entrepreneurs to information classified is not the demise of the validity of the original

without prejudice to the certificate; The authority shall issue within 5 days of receipt of the request the certificate

new, which replaces the original. ".



113. In paragraph 57, the following paragraph 1, which reads as follows:



' (1) in order to have a natural person or entrepreneur access to classified

information to a foreign power, must comply with the conditions referred to in section 11 or section 15 (b).

(b)), and if so required by a foreign power, also holds the certificate for foreign

power. ".



Paragraphs 1 to 8 shall be renumbered as paragraphs 2 to 9.



114. In section 57 paragraph 2 reads as follows:



"(2) if it is in accordance with the security and economic interests of the Czech

States and to the obligations arising for the Czech Republic from international

of the Treaty and not with the person if proceedings under § 101 paragraph. 1, the Office shall

on the basis of a written justified request of the holder of a valid certificate

a natural person or a valid certificate issued by



and natural persons) of the certificate for a foreign power, or



b) certificate of foreign power. ".



115. In § 57 para. 3 to 6, the words ' paragraph 1 ' shall be replaced by

"paragraph 2".



116. In section 57 paragraph 7 to 9 are added:



"(7) the validity of the certificate referred to in paragraph 2 shall expire



termination of validity of the certificate) of the natural person or the certificate

entrepreneurs, unless it is a in accordance with § 56 paragraph's demise. 1 (b). e) or (f)), or



(b)) for the reasons set out in § 56 para. 1 (b). and), e), (f)), j), m) or

n).



(8) the holder of a certificate referred to in paragraph 2 shall be required to surrender them to 15 days

The Office ceased to exist if



and validity of the certificate of a natural person) or a certificate under section

56 para. 1 (b). (b)), (d)) or g) to (n)), or



(b) the validity of the reasons) provided for in § 56 para. 1 (b). (f)).



(9) on the basis of a written request of the legal person, who is not

an entrepreneur, the authority shall issue, if it is a request of a foreign

partner or a foreign power, limited acknowledgment of the scope of protection

classified information, secured under section 5 for the legal entity. Before

issuance of a certificate to the extent necessary, the authority shall verify compliance with the conditions of this

of the law. ".



117. In § 58 para. 3, after the words "special"

the words "or the short term".



118. In § 58 para. 4, after the words "civil procedure"

the words ", in administrative proceedings".



119. In § 60 para. 1, the word "international" and the word "international"

and are deleted after the word "conflict" and the word "action" with the words "in the

abroad. "



120. In section 60 at the end of the text of paragraph 1, the words "or has

access to classified information classification reserved ".



121. In § 62 para. 2, the first sentence is inserted after the phrase "application can be filed and

through the Office of a foreign power, that is in the scope of protection

of classified information; the time limit referred to in paragraph 4 is running in this case

from the date of the request of an authority. ".



122. In § 62 para. 2 letter a) is added:



") the name or names, and surname of the holder of the safety

permissions ".



123. In § 62 para. 2 (a). (b)), the words "and the address of permanent residence"

shall be deleted.



124. In § 62 para. 2, letter e) the following new subparagraph (f)), which read as follows:



"(f)) for the entrepreneur who is the holder of the security permissions

the corresponding form of access in accordance with section 20 (2). 1 (b). and), putting

forms of access, whose recognition is sought ".



Subparagraph (f)), and (g)) shall become points (g) and (h)).)



125. In § 62 para. 2 (a). h) after the word "privileges", the words

"or of the official Office of a foreign power, that is in the scope of

protection of classified information. "



126. In paragraph 62, at the end of the text of paragraph 3, the words "shall be added; These

the documents are not required if the application is filed through the Office of the foreign

power, which is in the scope of protection of classified information, if this

on the application or in the certificate that the application connects, confirms that the

the applicant is in possession of the appropriate security permissions. "



127. In § 63 para. 3 (b). (h)), after the word "lay judges" the word "and"

replaced with a comma at the end of the text of the letter shall be added the words ", the Minister

the Interior with the Director of the Office for foreign relations and information, and the Minister of

Defense at the Director of military intelligence ".



128. In paragraph 65, paragraph 3 shall be deleted.



Paragraph 4 becomes paragraph 3.



129. In section 66 paragraph 1. 1 (b). (b)), the words "5 days" shall be replaced by "15 days"

and the words "(b)), and (f)) to (i))" shall be replaced by the words "(b)), f)) to (i), k) or m)."



130. In section 66 paragraph 1. 1 letter d) is added:



"(d)) shall immediately report in writing to the Office of the data changes that have been put

in its request of the natural person; limit the range of reporting changes, as well as

the method and form of their proof, lays down a rule of law ".



131. section 67 including title:



"§ 67



The obligations of the responsible person



(1) the responsible person is required to ensure



and natural persons) instruction



(b)) once a year the implementation of training for individuals that have access

the classified information from the protection legislation

classified information and the result of these reports, proškoleních



(c)) the conditions for access authentication of natural persons, classified

information classification of reserved,



d) approval information system into operation and written notification of this

the fact of the Office,



e) credentials of individuals for the performance of cryptographic protection,



(f) the immediate written notification of the Office) that before the issuance of a certificate

a natural person or a decision pursuant to § 121 paragraph 2. 2 have passed away the fact

which the request was justified by natural persons,



(g) the immediate written notification of the Office) on termination of service or

employment, the Member or the like relation, in which the physical

the person granted access to the classified information classification Strictly

the secret, secret or confidential; This obligation shall not apply to the responsible

a person of the intelligence services or the Ministry of Interior in cases

members of the police under section 141 paragraph 2. 1,



h) monitoring of compliance with other obligations laid down by this law.



(2) for the performance of obligations provided for in § 21 of the responsible person of paragraph 1. 5, §

23 para. 1 (b). (b)), section 59 paragraph 1. 1, § 60 para. 5, § 63 para. 1 and 4, § 70

paragraph. 5 and § 77 para. 2 you cannot authorize another person. ".



132. In paragraph 68):



"and to turn over authority to) 15 days expired certificate

to lapse pursuant to § 56 para. 1 (b). (b)), f), (g)) l) or (n)), ".



133. In paragraph 68 (a). (b)), after the words "without delay" is inserted after "in writing".



134. In paragraph 68 (c)), and (d)):



"(c) without delay, notify the authority in writing) changes to the information referred to under section 97

(a). a) and b) and section 98 (a). (c)) in the questionnaire and in its

safety documentation; limit the range of reporting changes, as well as the way

and the form of their proof, lays down the law



(d) report in writing to the Office each year), on the date that the

as the day of issue of the certificate of the entrepreneur, the changes to the data referred to in

request entrepreneurs under section 96; limiting the scope and form of reporting changes

their support provides detailed legislation ".




135. under section 68 shall be added to § 68a, that including the title reads as follows:



"§ 68a



Obligations of the entrepreneur who has made a declaration of the entrepreneur



A businessman who has made a declaration to the entrepreneur is obliged to



and safety documentation) to keep entrepreneurs in the scope of section 98 (a). (c)), and

(d)) and on-demand provider of dedicated information provide it to him,



(b)) for the protection of classified information upon termination of access to the

classified information,



(c) a statement of the entrepreneur) to send the Office pursuant to § 15a paragraph 1. 3,



(d)) to notify pursuant to § 15a paragraph 1. 4 authority or provider

restricted their access to it, or according to § 15a paragraph 1. 6

termination of validity of the Declaration of the entrepreneur,



e) proceed by analogy pursuant to § 56 para. 2 upon termination of the validity of the

Declaration of the entrepreneur of the grounds provided for in § 15a paragraph 1. 5,



(f)) and to the dedicated provider information, or in the

the case § 15a paragraph 1. 3 the Office, a new declaration of the entrepreneur, if, after

termination of validity of the original declaration in accordance with § 15a paragraph entrepreneurs. 5

(a). and) or (f)) continue to be absolutely needs access to classified

information classification Reserved. ".



136. In § 69 para. 1 the letter m) is added:



"m) to make the control of classified information held in the registry

classified information as of 31. December of the calendar year, and a report on the

the result sent to the Office within 15. February of the following calendar year

together with an indication of the number of classified information and their degrees of confidentiality;

intelligence services sent a message on classified information

provided by the central registry and registry maintained by the Department of

of Foreign Affairs, pursuant to section 78 para. 1. "



137. In § 69 para. 1 (b). n) and § 133 paragraph 2. 1, the words "paragraph. 4 "

replaced by the words "paragraph. 5. "



138. In § 69 para. 1, the letter p) the following new letters q) and r)

that including the footnotes # 49 to 51 shall be added:



"q) as a provider of dedicated information without delay, send the Office a copy of the

Declaration according to § 15a paragraph entrepreneurs. 2,



r) as the contracting authority without delay notify in writing to the Office



1. the fact that will be entering public contract outside of the law on

public procurement ^ 49) or to enter into a contract that would otherwise

the concession contract, excluding concessions Act mode ^ 50) because of

the protection of classified information, or



2. determination of qualification certificate for participation provided

in a tender or concession management ^ 51),

and submit documents to justify the procedure referred to in point 1 or 2; These

obligations do not apply to news services.



49) § 18 para. 1 (b). a) of Act No. 137/2006 Coll., on public

contracts, as amended.



50) section 3 of Act No. 137/2006 Coll., on concession contracts and concession

control (the concession Act), as amended.



51 to 85) § 21 of Act No. 137/2006 Coll., as amended.



§ 4 to 15 of Act No. 137/2006 Coll., as amended. ".



Letter q) is referred to as the letter s).



139. In § 71 paragraph 3 reads:



"(3) the Director shall approve the safety overview of places or features in accordance with § 69

paragraph. 1 (b). (b)), which is required to access classified information, and

He has another obligation set out in writing by the responsible person in a range

This law, including the obligations laid down by the if of cases

referred to in section 67 para. 2; the liability of the person responsible for the protection of

classified information is not affected by the appointment of a safety Director.

The obligation to approve the choice of locations or functions pursuant to § 69 para. 1 (b). (b))

Safety Director, shall not apply to news services. ".



140. In paragraph 71, at the end of paragraph 4, the following sentence "for entrepreneurs must

natural person in function of the safety Director to be the holder of the certificate

the natural person for access to EU classified information at least a degree of

classification, for which the operator has issued the certificate. ".



141. In § 72 para. 3, the words "31. October "shall be replaced by ' 31.

July ".



142. In paragraph 73 (a). (b)), after the words "written request" the words

"the authority of the State".



143. In paragraph 74, the dot at the end of paragraph 1 shall be replaced by "or", and

the following point (d)), which read as follows:



"(d)) where classified information is provided between the Intelligence Agency and

a similar service of a foreign power in the framework of the cooperation undertaken by

special legal regulation ^ 19). ".



144. section 75 as follows:



"§ 75



(1) an application under section 73 provides



and a foreign power or) indication of the foreign partner, which should be

classified information provided,



(b)) the reasons for which a permit or approval; This does not apply,

in order to be classified information provided to a foreign power authority of the State.



(2) the annex to the application of the legal entity or the entrepreneurial natural persons about

authorisation or approval under section 73 is



and the Treaty, according to which) to be granted to a foreign power classified information

or to a foreign partner, containing the instantiation of the classified

information and terms of its protection, or



(b) at the same time) with regard to the case referred to in § 75a, draft contract, according to which the

be classified information given to other foreign power (§ 77 para. 6), or

the foreign partner, containing safety instruction; This is true

mutatis mutandis to the authority of the State. ".



145. under section 75 shall be added to § 75a, which reads as follows:



"§ 75a



(1) the contract, performance of which requires access to classified information

a foreign power, contains safety instruction relating to the conditions of protection

This information and classified information that when the performance of the contract

where applicable, a.



(2) safety instructions must be approved before concluding the contract



and if) it's reserves, or if no agreement is reached by the

subparagraph (b)) or if the classified information does not belong to the material scope of the

Another central public administration authority,



(b)) other central administrative authority, to whose jurisdiction the classified

of the information, and belongs to the competence of the central administrative

offices, one of them on the basis of an agreement between them. The central administrative

the Office of safety instruction approved, control of

compliance with, and under the law governing State control ^ 45).



(3) an agreement referred to in paragraph 1 between the foreign power or

the foreign partner and the Intelligence Agency, the provisions of paragraph 2,

It does not apply.



(4) the contents and the structure of the safety instructions laid down detailed legal

prescription. ".



146. In § 76 para. 1 the second sentence, after the words "to enable" the words

"the authority of the State", the word "it" is replaced by "them" and the word "its"

shall be replaced by the word "their".



147. In § 76 para. 4, after the words "receipt", the words

"the authority of the State".



148. In paragraph 77 of the text at the end of paragraph 6, the words "or

the foreign partner ".



149. the heading of section 79: "Registry, registry helper and checkpoints."



150. In § 79 paragraph 1 reads:



' (1) in the registry or auxiliary registers of classified information is

recorded in the meeting minutes and saves or sends the secret

information classification of top secret, secret or confidential provided in

international relations. In the registry, this checkpoint is secret

the information recorded in the ancillary procedural protocols and passes

processors. ".



151. In paragraph 79, paragraph 3, the following paragraph 4 is added:



"(4) the authority of the State, a legal entity or individual entrepreneur may

in order to increase the flexibility of the use of their registry to set up, as a

its internal components, auxiliary registry or checkpoints. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



152. In § 79 paragraph 2. 8 for the letter a) the following new subparagraph (b)), and (c)),

are added:



"(b) the organisation and operation of the registry), the auxiliary control register

point,



(c)) the details reports on the control of classified information held in

the registry pursuant to § 69 para. 1 (b). m),“.



Subparagraph (b)) to (d)) shall become points (d) to (f))).



153. In § 81 para. 2 the term "citizen" is replaced by "national"

and the words ' two years ' shall be replaced by "10 years".



154. In section 84, paragraph 2 reads as follows:



"(2) the negative circumstances is



and the activity of natural persons) against the interest of the United States, or



(b)), the fact that the matrimonial property regime are clearly disproportionate to the properly

the avowed income individuals. ".



155. In paragraph 84, the dot at the end of paragraph 3 is replaced by a comma and the following

the letters d) to (f)), which read as follows:



"d) contacts with the person who develops or developed work against the interest of

The United States,



(e) failure to provide necessary) repeated participation in safety management

under § 101 paragraph. 1, or



f) conditional cessation of criminal prosecution for an intentional criminal offence, or

the conditional postponement of the submission of the proposal for punishment for an intentional criminal offence,

which provided for the trial period has not yet expired, or approval

settlement for an intentional offence. ".



156. In § 85 para. 3 (b). f), the words "reporting changes" are replaced by the words

"by changing any of the".



157. In paragraph 85, the dot at the end of paragraph 3 is replaced by a comma and the following

Letter g) and (h)), which read as follows:



"(g)) by returning the holder of such document to the person who issued it, or



(h) the date of receipt of the certificate) of the natural person or the new document ".



158. In section 85, paragraph 4 reads:




"(4) if the holder of the document within 15 days from the date of termination of the validity of the

in accordance with paragraph 3 (b). d), (e)), or (f) the authority in writing) will ask the release

the document of the new, performance-sensitive activities is not the demise of the validity of the original

document prejudiced; The authority shall issue within 5 days of receipt of the request, a new document,

that replaces the original. ".



159. In paragraph 86 (a) at the end of the text and the words "or) certificate

natural persons ".



160. In paragraph 86 (a). (b)), the words ' the holder of the document "shall be replaced by

"carrying out sensitive activities" and at the end of point (a), the word "and" shall be deleted.



161. In § 86 after point (b)) the following new point (c)), which read as follows:



"(c)) to ensure immediate written notification to the authority about the fact that before the release

document or decision pursuant to § 121 paragraph 2. 2 have passed away the fact

the document request was not justified ".



Letter c) is renumbered as paragraph (d)).



162. In paragraph 86 (d)):



"(d) notify the Authority in writing of the other) the fact than referred to in (c)),

that can have an impact on the issue of the document or on the decision to cancel the

its validity or validity of the certificate of physical persons (section 101), and ".



163. In paragraph 86, the following point (e)), which read as follows:



"e) to ensure immediate notice in writing to the Office that was launched

performance sensitive activities, or that has been shut down due to the end of the

or leaving the employment, the Member or the like relation

the holder of the document or certificate. ".



164. In § 87 para. 1 (b). a), the words "5 days" shall be replaced by "15 days"

and the words "(a). (b)), e) or (f)) "shall be replaced by the words" (a). (b)), e), (f))

or (h)) ".



165. In § 87 para. 1 letter c) is added:



"(c) inform the authority) changes to the information referred to in

application for the document; limit the range of reporting changes, as well as the manner and form of

their proof, lays down the law. ".



166. In § 87 para. 1, point (d)) shall be deleted.



167. In paragraph 87, paragraph 3 shall be deleted.



168. In paragraph 89, the following paragraph 8 is added:



"(8) Operations directed against the Office it is possible to do so, if this is compatible with the

a requirement of this Act, whether or not the data are delivered to the mailbox of the Office or in the

electronic form signed by an advanced electronic signature

based on a qualified certificate issued by an accredited

the provider of certification services; This provider is required

at the same time provide or attach a certificate to the administration. ".



169. In section 93 para. 1 at the end of the text of the letter b), the words "or

an international organization of which it is a member of the Czech Republic ".



170. In § 94 paragraph. 1, after the word "contains" the words "to the extent

provided for implementing legislation "and after the word" Privacy "

the words "and the indication of the place or feature in accordance with § 69 para. 1 (b).

(b)) ".



171. In § 94 paragraph. 2 (b)):



"(b) the documents testifying to the accuracy of the data) referred to in the questionnaire in

the extent and form laid down by the implementing regulation, ".



172. In § 94 paragraph. 2 at the end of subparagraph (d)), the word "and" shall be replaced by a comma,

at the end of paragraph 2, the period is replaced by a comma and the following points (f))

and g) are added:



"(f)) is a stranger, a document similar to the extract from the records of the register

sentencing ^ 11) the State of which he is a national, as well as the State in which the

they have lived for a continuous period of more than 6 months; This document must

include the appropriate period according to § 14 para. 4, and must not be older than 3

of the month



g) Declaration of waiver of confidentiality factually and locally

the competent tax authorities and other persons involved in the administration of taxes under section

52 para. 2 the tax code, and that the full extent of data for the purpose

implementation of security control. ".



173. In § 94 paragraph. 4, the number "4" is replaced by "3", the number "10"

shall be replaced by "7" and the number "13" is replaced by the number "10".



174. In § 94 paragraph. 5 and § 99 paragraph 2. 5, the words "that these documents

contain ' shall be deleted.



175. In § 94 paragraph. 7 and § 121 paragraph 2. 4, after the words "European Union"

the words "or the international organization which is the Czech Republic

a member of the ".



176. In paragraph 94, the following paragraph 8 is added:



"(8) the reason for the need for access to classified information to natural persons,

referred to in the application must take throughout the proceedings under section 93 para. 1

(a). a), b) or (d)). ".



177. In § 95 para. 1 at the end of the text of subparagraph (d)) the following words

"continuously for longer than 90 days".



178. In § 95 para. 1 letter e) is added:



"e) data on the identity document, when it comes to foreigners".



179. In § 95 para. 1, points (i) and (j))) shall be deleted.



Letters to) to aa) shall become letters (i)) to y).



180. In § 95 para. 1 to the beginning of the letter i) is inserted after the word "continuous"

and the number "30" is replaced by the number "90".



181. In § 95 para. 1 at the end of the text of the letter m), the words ", with the

the exception of contacts arising from work or official duties

After the year 1990 ".



182. In § 95 para. 1 the letter n) is:



"n) personal contacts with foreign nationals or nationals

the citizens of the United States living in non-Member States of the European Union

or the North Atlantic Treaty Organization, with the exception of contacts

arising out of employment or official duties after 1990,

If you can reasonably believe that this is significant, "contacts.



183. In § 95 para. 1 (b). q) with the word "q)" shall be replaced by ")".



184. In § 95 para. 1 the letter r) reads as follows:



"r) highest completed education".



185. In § 95 para. 1 points at) and v) are deleted.



Letters w) to y) are known as case u) to w).



186. In § 95 para. 1 the letter v) repealed.



Letter w) is referred to as the letter v).



187. In § 95 para. 1 letter in) including footnote # 52:



"in) the data referred to in points (a) to (d))) and (f)) for a husband (wife) or

partner (partner) ^ 52) and persons over 18 years of age living with physical

a person in the household ^ 36).



52) Act No. 115/2006 Coll., on registered partnership and amending

some related laws, as amended. ".



188. In § 95 paragraph 3 reads:



"(3) the residence referred to in paragraph 1 (b). (d)) and i) and § 94 paragraph. 2 (a). (f))

considered to be continuous even if its short-term disruption. ".



189. In § 96 para. 1, after the word "contains" the words "to the extent

provided for the implementing regulation. "



190. In § 96 para. 2 (c)):



"(c)) of the document necessary to verify compliance with the conditions referred to in section 16 of the extent and

form laid down in the implementing regulation, ".



191. In § 96 para. 2, the following point (d)), which read as follows:



"(d)) Declaration of waiver of confidentiality factually and locally

the competent tax authorities and other persons involved in the administration of taxes under section

52 para. 2 the tax code, and that the full extent of data for the purpose

implementation of security control. ".



192. In § 96 para. 4) repealed.



Subparagraph (b)) to d) are known as a) to (c)).



193. In § 96 para. 4 is the number "10" is replaced by "9" and the number "13"

replaced by the number "11".



194. In § 96 para. 5 the second sentence is replaced by the phrase "in the questionnaire

the entrepreneur is done within the scope of the implementing

Regulation. "and the last sentence shall be deleted.



195. In paragraph 97, at the beginning of subparagraph (a)) following the word "valid" and at the end of

text the words ", but nevertheless always placing social security number, if

assigned, and the date, place, County, and State of birth, even when the

such register or registers not recorded. "



196. In section 97 (a). (b)) after the word "last" words ", native

number, if assigned, and the date, place, County, and State of birth ".



197. In paragraph 97 (c)):



"(c) the names of the banks, the numbers) of the applicable bank accounts and account information

the savings and credit cooperatives ".



198. In paragraph 97 of the text at the end of subparagraph (d)), the words ", including

putting their addresses ".



199. In paragraph 97, point e) repealed.



Subparagraph (f)) to r) shall become letters (e)) to q).



200. In § 97 paragraph (e)) including the footnotes No. 37, 38 and 53 reads as follows:



"e) data of all the ordinary accounts ^ 37), if the entrepreneur

accounting, or information to the tax declaration, if the entrepreneur the tax

registration in accordance with other legislation ^ 38), and the proper accounting

accounts authenticated by the Auditor, if provided for by other legislation ^ 53), and

it for the last 5 years,



37) section 18 and section 19 para. 1 of Act No. 563/1991 Coll., on accounting, as amended by

amended.



38) Act No. 586/1992 Coll., on income taxes, as amended

regulations.



53) section 20 of Act No. 563/1991 Coll. ".



201. In paragraph 97, the letter g) repealed.



Subparagraph (h)) to q) shall become letters (g)) to (p)).



202. In paragraph 97 (h)) repealed.



Letters i) to p) shall become letters (h)) to o).



203. In paragraph 97, the letters h) and (i)):



"h) foreign business partners, with the exception of the business partners of the

Member States of the European Union, with a total financial volume

trades over 2 000 000 Czk in the last 5 years,



I) Czech business partners and business partners from Member States


The European Union, with an indication of the total annual transactions carried out shops

exceeding 20% of the annual turnover in the last 5 years ".



204. In paragraph 97, the letter j) repealed.



Letters to) up to) are known as the letters of j) to (n)).



205. In section 97 (a). m) after the word "cancellation" is inserted after the word "Entrepreneur" and

the word "and" shall be replaced by a comma.



206. In paragraph 97, at the end of the dot of the letter n) shall be replaced by "a" and

the following point o) is added: "the data of the person responsible)

businesses, which are name, last name, social security number, if

allocated, date of birth, and position held by the function of the entrepreneur. ".



207. In paragraph 98 of the introductory part of the provisions, the words "shall be"

the words "imposed on entrepreneurs".



208. In paragraph 98 (d)) shall be deleted.



Letter e) is renumbered as paragraph (d)).



209. In paragraph 98 of the text at the end of subparagraph (d)) the following words ", for notifications

its date of issue, and document number and date of issue ".



210. In § 99 paragraph 2. 1, after the word "contains" the words "to the extent

provided for the implementing regulation. "



211. In paragraph 99, at the end of paragraph 1, the words "or her legacy

person ".



212. In § 99 paragraph 2. 2 (c)):



"(c) the documents testifying to the accuracy of the data) referred to in the questionnaire in

the extent and form laid down by the implementing regulation, ".



213. In § 99 paragraph 2. 2, letter c) the following point (d)), which read as follows:



"(d)) Declaration of waiver of confidentiality factually and locally

the competent tax authorities and other persons involved in the administration of taxes under section

52 para. 2 the tax code, and that the full extent of data for the purpose

implementation of safety control, ".



Subparagraph (d)) to (f)) are known as the letters e) to (g)).



214. In § 99 paragraph 2. 2 (a). (f)), the word "citizen" shall be replaced by

"national" and the number "2" is replaced by the number "10".



215. In § 99 paragraph 2. 4, the words "three months" is replaced by "5 months".



216. In paragraph 99, the following paragraph 8 is added:



"(8) the reason for the performance of sensitive activities referred to in the application for the document must

take throughout the proceedings under section 93 para. 1 (b). and) or (d)). ".



217. section 100 including the title reads as follows:



"§ 100



Questionnaire



Questionnaire pursuant to § 99 paragraph 2. 2 (a). and contain the information specified in) § 95

paragraph. 1 (b). and)) and section 95 para. 2. ".



218. In article 101, the following paragraph 3 is added:



"(3) the proceedings for the revocation of a certificate of a natural person, the certificate

the entrepreneur or the document cannot be interrupted pursuant to § 112 and don't stop

pursuant to § 113, with the exception of termination pursuant to § 113 paragraph. 1 (b). I)

or (j)). ".



219. In § 103 para. 1, after the words "pursuant to § 94, 96 and 99 ' shall be replaced

"and the communication of additional data to verify compliance with the conditions for the issue of

natural person certificate, certificate or document "and the words

"within 14 days" with the words "and in the application submitted under section 96

within 30 days ".



220. In section 103 at the end of the text of paragraph 2, the words "shall be added; restrictions

the scope of reporting changes, as well as the manner and form of their support, provides

the implementing legislation ".



221. In § 104 paragraph 3, the following paragraph 4 is added:



"(4) From a witness may also require that the facts he Office

shall state filed a written statement. The signature of a witness must be on each side of the

documents containing his comments. In the next paragraphs shall apply mutatis mutandis

1, 5 and 6. ".



Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.



222. In § 105 para. 6 for the second sentence the phrase "shall be inserted at the request of the participant

management of the official person shall issue a copy of the log. ".



223. In § 107 para. 1 the words "the veracity of the data provided by the

party to the proceedings in the application of a natural person and to detect the presence of

security risk "are replaced by the words" the conditions for the release of this

certificate ".



224. section 108 including title:



"§ 108



Acts in the proceedings on the issue of the certificate of the entrepreneur



(1) in proceedings for the issue of a certificate of the entrepreneur classification Confidential

the authority to establish economic stability, security, reliability,

verification of ownership of entrepreneurs and to verify its capabilities

ensure the protection of classified information shall request the necessary information from the

the competent authority of the State, legal persons or entrepreneurial natural

person, if loaded.



(2) in proceedings for the issue of a certificate of the entrepreneur classification Secret

The Office performs tasks according to from the stands 1 and other tasks to verify the business

relations of the entrepreneur.



(3) in proceedings for the issue of a certificate of the entrepreneur classification Strictly

the secret Office of one of the acts referred to in paragraph 2 and other acts to authenticate

significant capital and financial relations of the entrepreneur.



(4) in order to verify the conditions for the issue of a certificate of the entrepreneur are

an official shall be entitled to enter the device objects, plants or

other premises and land entrepreneur, and require the submission of

necessary documents.



(5) if the Office is unable to verify the relations indicated in paragraphs 1 to 3, or other

the fact to detect possible security risks for businesses

or his ability to secure the protection of classified information,

verification may request the intelligence service or the police.



(6) the intelligence services and the police are obliged to request the Office of the under

paragraph 5, to meet and to submit his report on the results of the required investigation.



(7) if the information obtained by the acts referred to in paragraph 1 or 2 in the

issue of the certificate for the appropriate level of classification, are not sufficient

to determine the full State of affairs, the Office is entitled to ascertain it acts

laid down in paragraph 2 or 3, relating to the management of higher degree

confidentiality. In these cases, the authority shall obtain the written consent of the participant

management and at the same time to learn about the legal consequences that occur,

If the Office has not received written consent [section 113, paragraph 1 (b), (e))].



(8) if it is carried out on the basis of the request pursuant to § 96 para. 4,

the provisions of paragraphs 1 to 7 shall apply mutatis mutandis. ";"



225. In § 112 para. 1 (b). a), the words "before another authority of the State"

be deleted and the word "proceeds" shall be inserted the word "other".



226. In § 112 para. 1 at the end of the text of the letter b), the words ",

or if he was summoned to an interview ".



227. In paragraph 112, after paragraph 1, insert a new paragraph (2), including

footnote # 54:



"(2) the proceedings on the date of passing the decision on stay of proceedings

the holder of the postal licence or special mail, on the date of the personal license

receipt of such decision of the party to the proceedings shall be served on the Office, or

data are delivered to the mailbox of the party ^ 54).



54) Act No. 300/2008 Coll., on electronic acts and authorized

convert documents, as amended. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



228. In § 112 para. 4, the first sentence is replaced by the phrase "the Office continues to

proceedings, once the obstacles have ceased to exist, for which proceedings have been interrupted,

Alternatively, once the deadline referred to in paragraph 1 (b). e).“.



229. In section 113 para. 1 (b). e), the words "§ 108 paragraph. 6 "shall be replaced by

"§ 108 paragraph. 7. "



230. In section 113 para. 1 (b). I) after the word "dead", the words ",

has been cancelled ".



231. In section 113 para. 1 the letter j) is added:



"(j)) in a proceeding under section 101 broke his reason or the subject.".



232. In article 113, paragraph 2, the following paragraph 3 is added:



"(3) the authority may issue a certificate of safety management of natural persons

or document to stop upon notification of the responsible person referred to in section 67

paragraph. 1 (b). g) or § 86 (a). c).“.



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



233. In paragraph 115 paragraph. 2 the word "armed" is replaced by

"security".



234. In § 117 paragraph 1. 1, the number "3" is replaced by "2", the number "9"

replaced by the number "6" and the number "12" shall be replaced by the number "9".



235. In § 117 paragraph 1. 2 (a)) shall be deleted.



Subparagraph (b)) to d) are known as a) to (c)).



236. In § 117 paragraph 1. 2, the number "9" is replaced by "8" and the number "12"

replaced by the number "10".



237. In § 117 paragraph 1. 3 the words "3 months" are replaced by "75 days".



238. In § 117 paragraph 1. 4 is the number "6" is replaced by "4" and the number "9"

replaced by the number "6".



239. In § 117 paragraph 1. 5, the words "§ 108 paragraph. 2 to 4 "shall be replaced by the words" §

paragraph 108. 5 "," 6 "shall be replaced by the number" 4 "and the number" 9 "

replaced by the number "6".



240. In paragraph 117, the following paragraph 8 is added:



"(8) If a natural person shall grant consent to the verification of the information referred to in section 107

paragraph. 5 or § 109 paragraph. 2, or if the entrepreneur shall grant consent under section

paragraph 108. 7, subject to the time limits laid down for the management degree

secrecy, to which the consent was granted guardianship. ".



241. In § 118 paragraph. 3, after the word "adequately" the words ", not more than

However, twice, ".



242. In § 118 paragraph. 4, after the words "may not be" shall be replaced

"lump sum".



243. In § 120 paragraph 1 reads:



"(1) the decisions and other documents be served on the Office itself, delivery to the data


the Clipboard of the party ^ 54) or by the holder of the postal

license or a special postal licence, which from a contract ^ 17)

It follows the obligation to deliver the document in a manner consistent with the requirements

of this Act. Delivery abroad is carried out through

Ministry of Foreign Affairs. For members or employees of the

the armed forces and security forces are serving abroad may

carry out the safety Director. All

documents are served into their own hands. If a party to the proceedings

Representative, procedural documents only representatives; in the case of personal

documents are served on operations is also a party. Delivery

represented shall not take effect for a time. In the case of termination of the proceeding in accordance with

section 113 para. 1 (b). I) decision in the locality. ".



244. In paragraph 120, the following paragraphs 9 and 10 are added:



"(9) persons of unknown residence or registered office and persons, who are demonstrably

fail to deliver, can deliver a public decree. Delivery

a public Decree shall be carried out so that the document is, or notification

on the possibility to accept the document, posted on the official notice board of the Office and the

the document shall be marked the day of posting. The 15th day after posting the

the document to be deemed, if it was true even within this period

the obligation of publication referred to in paragraph 10.



(10) the authority establishes the official Board that must be continuously publicly

accessible. The contents of the official Board shall be published on the Internet

the website of the Office. ".



245. In § 122 para. 1 the second sentence, the words "legal force" shall be replaced by

the word "Enforceability".



246. In section 124 para. 2, the number "8" is replaced by "15".



247. In paragraph 124, at the end of the text of paragraph 4, the words ", and even after the

the termination of the employment relationship ".



248. In § 130 paragraph 1. 2, the words "for the classification of top secret"

shall be deleted.



249. In paragraph 135 (b). (c)), g) and (h)), the word "list" is replaced by

"the extent and form of".



250. In paragraph 135 (b). (d)), the word "and" is replaced by a comma and at the end of the text

(a) the words ", the range of the data questionnaire entrepreneurs in

the case of a request pursuant to § 96 para. 5. "



251. In paragraph 135, at the end of the letter h) dot replaced with a comma and the following

the letters i) to k) are added:



"i) written justification for the scope according to § 94 paragraph. 1, § 96 para. 1 and section 99

paragraph. 1,



j) restrict the range of reporting changes of data, as well as the manner and form of their

proof, pursuant to section 66 paragraph 1. 1 (b). (d)), section 68 (b). (c)), and (d)), § 87 para. 1

(a). (c)) and § 103 para. 2,



to the waiver of confidentiality) model according to § 94 paragraph. 2 (a). (g)), § 96 para.

2 (a). (d)) and § 99 paragraph 2. 2 (a). d).“.



252. In paragraph 137 (a). (g)), after the words "to the courier transport of classified

information "the words" classification of top secret, secret, or

Confidential, "and after the words" person responsible ", the words" or the

Safety Director ".



253. In paragraph 137 (a). (h)) and § 138 para. 1 (b). I), the word

"electromagnetic" is deleted.



254. In section 137 is at the end of the text of the letter i), the words "and approved by the

the project of safety communication system ".



255. In paragraph 137 the letter q):



"q) publishes the journal of the Office, which publishes on its Web

pages. ".



256. In § 138 para. 1 at the end of the text of subparagraph (c)), the words ",

keep a list of controlled cryptographic items, and lead the documentation

for the implementation of the activities referred to in section 45 ".



257. In § 138 para. 1 at the end of the text of the letter g), the words ",

purchase of these listings and copy. "



258. In § 138 para. 1 at the end of subparagraph (j)), the word "and" shall be replaced by a comma,

at the end of paragraph 1, the period is replaced by a comma and the following letter l)

and m) are added:



"l) to comment on the announcement in accordance with § 69 para. 1 (b). r) within a period of 30

days from the date of its delivery, and provide an overview of the notification and

representation of Authority to them for the protection of competition and



m) for the decision of the Office for foreign relations and information and the military

the news according to § 140 para. 1, on the basis of their written request,

perform acts pursuant to § 107 para. 1. ".



259. In paragraph 138, paragraph 2 reads as follows:



"(2) the authority shall provide the intelligence services and the Ministry of the Interior

Once a month a list of



a) certificates issued by private individuals, entrepreneurs, and documents, certificates



(b)) persons, who decided to refuse the issue of a public document referred to in point (a)

and), or to the validity of this Charter is cancelled,



c) entrepreneurs, which received pursuant to § 15a paragraph 1. 2 or 3 statements

entrepreneur. ".



260. In § 140 para. 4 (b). (g)) and § 141 para. 4 (b). f), the words

"pass in" the words "certificated form, where appropriate".



261. In paragraph 140, in paragraph 4, the following paragraph 5 is added:



"(5) a public authority, that is the administrator of the information system, in

where the personal data are processed, is obliged to provide

the intelligence services, the assistance needed to implement the measures referred to in

paragraph 4 (b). i).“.



The present paragraph 5 shall become paragraph 6.



262. In section 141 paragraph 6, the following paragraph 7 is added:



"(7) a public authority, that is the administrator of the information system, in

where the personal data are processed, is obliged to provide

The Ministry of Interior the assistance needed to implement the measures referred to in

paragraph 3 (b). b).“.



The present paragraph 7 shall become paragraph 8.



263. In § 143 of paragraph 1. 1 the term "entrepreneurs" is replaced by "legal

person, entrepreneurial natural persons ".



264. In § 148 paragraph. 1, letter a) is added:



"and as a participant in) safety control fails to notify a change of details

at the request of the natural person under § 103 para. 2 or data referred to in

document requests under § 103 para. 2, ".



265. In § 148 paragraph. 1 (b). (h)) and § 153 para. 1 (b). y), the words "or

2 ' shall be deleted.



266. In paragraph 149 paragraph. 1 letter i) reads as follows:



"i) handles classified information contrary to the security of the operational

the directive, issued pursuant to § 36 odst. 2, ".



267. In paragraph 149 paragraph. 1 at the end of the text of the letter k), the words "or

3. "



268. In paragraph 150 para. 1 (b). (c)), the word "Annex" shall be deleted and the words "§ 94

paragraph. 2 (a). a), (c) and (d))) "shall be replaced by" section 66 paragraph 1. 1 (b). (d)) ".



269. In § 152 paragraph 1. 1 (b). (c)), the words "referred to in the document in accordance with § 87

paragraph. 1 (b). (c)), or data "shall be deleted and the words" the issue of the document in accordance with § 87

paragraph. 1 (b). (d)) "shall be replaced by" document in accordance with § 87 para. 1 (b).

(c)) ".



270. In § 153 para. 1 (b)):



"(b)) in violation of § 36 odst. 2 will not issue safety operational directive ".



271. In § 153 para. 1 (b). AA), the words "paragraph. 7 (b). (d)) "are replaced by

the words "paragraph. 8 (a). (f)) ".



272. In paragraph 153, the dot at the end of paragraph 1 is replaced by the words "or

the certificate of a natural person, or ' and the following letter ee), which read as follows:



"ee) as the contracting authority has not notified the public procurement or contracting authority in

concession award procedure to the Office the fact pursuant to § 69 para. 1 (b). r).“.



273. In § 153 para. 2 (a). (c)), the words "or dd) ' is replaced by ',

DD) or ee) ".



274. In paragraph 154, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter f) and (g)), which read as follows:



"(f)) has not sent a copy of the Declaration of the entrepreneur Office without delay in accordance with § 15a

paragraph. 2 or the declaration pursuant to § 15a paragraph entrepreneurs. 3, or



g) notifies the authority or privileged information providers the demise of

Declaration according to § 15a paragraph entrepreneurs. 6. ".



275. In paragraph 154, the dot at the end of paragraph 2 is replaced by a comma and the following

(c)), which read as follows:



"(c)) 2 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f))

or (g)). ".



276. In paragraph 155 para. 1, letter a) is added:



"and fails to return under section 68) (a). and entrepreneur whose) certificate validity

lapse, ".



277. In paragraph 155 para. 1 at the end of the text of subparagraph (c)) the following words "and section

98 (a). (c)) ".



278. In article 155 para. 1 (b). (d)), the word "Annex" and the words "under section 96

paragraph. 2 (a). a) and b) "are deleted.



279. under section 155, the following new section basic equipment:



"§ the basic equipment



(1) an entrepreneur commits an administrative offense, by



and sensitive performance) will allow the activity of a natural person who is not a holder of

a valid document or certificate natural person



(b)) ensure access to classified information, the classification of Reserved

without meeting the conditions referred to in paragraph 15 (b). and), or on the basis of the Declaration

businesses, which have not met the conditions of section 15a of the paragraph. 1, or



(c)) shall ensure access to classified or Confidential information classification

later, without meeting the conditions referred to in paragraph 15 (b). (b)).



(2) an administrative offense shall be fined in the



and 500 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). (b)),



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or

c).“.



280. section 158, including the title reads as follows:



"§ 158



Powers of execution



The Office shall issue a decree to implement section 7 (2). 3, § 9 para. 8, § 15a paragraph 1. 7,

§ 23 para. 2, § 33, § 34 paragraph 1. 6, § 35 para. 6, § 36 odst. 4, § 44, 53

and, § 64 paragraph 75a. 4, § 79 paragraph 2. 8, § 85 para. 5 and § 135. ".



281. section 159 reads:



"§ 159



The administrative code shall apply only to proceedings under Title IX of part two,


unless specified otherwise, to proceedings under section 116 and of proceedings under section

8. ".



Article. (II)



Transitional provisions



1. The procedure for the issue of a certificate of a natural person, the certificate

or a document that has not been completed before the date of the acquisition of

the effectiveness of this law shall be subject to the time limit for the termination of the proceeding in accordance with

the existing legislation, unless it is a case referred to in point 2; in

the other is management completes pursuant to Act No. 412/2005 Coll., on the protection of

on the security of classified information and eligibility, in the version in force

from the date of entry into force of this Act.



2. the procedure for obtaining the certificate for access to classified

information classification of reserved and proceedings for cancellation of the validity of the

certificate for access to EU classified information to the level of classification

Reserved, which was not finally completed before the date of entry into force of

This Bill will stop the effective date of this Act.



3. the validity of the notification issued by the Office of legal

Regulation shall expire on the first day of the third calendar month following

After the effective date of this Act.



4. the procedure for the imposition of a fine for an administrative offense or misdemeanor which

has not been completed before the date of entry into force of this Act,

shall be completed according to the existing legislation.



5. Certificate for the level of classification of the reserved, issued under the

the existing legislation shall be for a period of 3 months from the date of

entry into force of this Act, a declaration of the entrepreneur according to law

No 412/2005 Coll., on the protection of classified information and security

competence, in the version in force from the date of entry into force of this Act.



Article. (III)



The publication of the full text of the Act



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Law No. 412/2005 Coll., on the protection of classified information and on the

Security competence, as is apparent from later laws.



PART TWO



Amendment of the Act on administrative fees



Article. (IV)



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.

38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.

182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.

239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.

297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.

312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.

141/2009 Coll., Act No. 197/2009 Coll., Act No. 207/2009 Coll., Act No.

228/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No.

301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll., Act No.

129/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act No.

160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Coll., Act No.

30/2011 Coll., Act No. 105/2007 Coll., Act No. 133/2007 Coll., Act No.

134/2007 Coll. and Act No. 152/2006, is amended as follows:



1. in annex V, part I, item 3, the letter "e") the following point (f)),

that including footnote No. 2d:

"(f)) issue of a certificate request being received by the entrepreneur in the case

that secret information ^ 2d)

-does not create, and is not provided, but they have access to

employees of the entrepreneur

or a person acting on behalf of the entrepreneur or entrepreneurs and

in the context of

with the performance of the work or other activities for entrepreneurs on

$ 5,000 under a contract

-or is he granted £ 10,000



2D) Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended. ".



2. in annex V, part I, item 3 in the provisions "of the Subject of the charge is not"

the following point 5 is added:



"5. The adoption of new applications for the issue of certificates of the entrepreneur is to have

Entrepreneur access to classified information, immediately after the

period of validity of the existing certificate, if the request is

is submitted before the expiry of the existing certificate

within the time limits under another law ^ 2d). ".



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. January 2012.



Němcová in r.



Klaus r.



Nečas in r.

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