119/2007 Sb.



LAW



of 24 July 2003. April 2007,



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

about security



Parliament has passed the following Act of the United States:



Article. (I)



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

competence, shall be amended as follows:



1. In § 56 para. 1 (b). (d)), the words "termination or conversion of ^ 23)"

shall be replaced by "or".



Footnote 23 is repealed.



2. § 56 para. 1 (b). (g)), the word "or" is deleted.



3. § 56 para. 1, letter g) the following point (h)), which read as follows:



"(h) the creation of a national service), the intelligence service or

employment and included in the intelligence service, if it is

natural person certificate, issued by the Office, or ".



Letter h) is referred to as the letter i).



4. In § 56 para. 1 (b). I) after the word "workers" shall be replaced

"awarded", the words "If" are replaced by the words "the date on which

stops "and at the end of the text of the letter shall be added the words", if it is a

certificate of physical persons, published by the relevant intelligence agency or

The Ministry of the Interior ".



5. in paragraph 56, the following new section 56a, which reads as follows:



"section 56a



(1) in the case of termination of validity of the certificate natural person pursuant to § 56 para.

1 (b). h) the competent lntelligence this natural person new

the certificate, which replaces the original certificate, the date of its formation

service or employment.



(2) in the case of termination of validity of the certificate natural person pursuant to § 56 para.

1 (b). (I) the natural person) issues a new certificate, which replaces the

the original of the certificate,



and) appropriate intelligence service, on the date when the person

was the service of the national intelligence service, or work

the ratio of employees included in the intelligence services,



(b) the Ministry of the Interior), and the date on which the natural person has become

a person specified in § 141 para. 1, or



(c)) in other cases, on the day following the date of termination of

the validity of the original certificate. The new certificate natural person the Office shall issue

on the basis of a written application of the physical person, within 5 days from the date of

receipt of the request. Application for the issue of a new certificate of physical persons can be

filed within 30 days from the date of termination of the validity of the original certificate; Annex

applications must be relevant intelligence or confirmation

The Ministry of Interior in accordance with paragraph 3.



(3) the competent lntelligence or Ministry of the Interior shall endorse the

the case of the procedure under paragraph 2 (a). (c) the termination of validity of the certificate)

natural persons on the basis of the application of the natural persons within 5 days from the

the date of receipt of the request. The acknowledgement shall state the designation of the authority of the State which

the original certificate issued by natural persons, the information specified in § 54 para. 2

(a). a) to (f)), and validity of this certificate of dissolution of the day.



(4) the authority of the State which has issued a new certificate of a natural person, in writing,

requests the security volume of the person from the authority of the State which issued

the original of the certificate; safety volume shall be within 5 days from the date of

receipt of the application. ".



6. In paragraph 58, at the end of paragraph 3 the following sentence "this person cannot be

allow access to the classified information to a foreign power. ".



7. In article 58, the following paragraph 6 is added:



"(6) the persons referred to in paragraphs 1 and 4 are, with the exception of the President of the

of the Republic, the President of the Senate, the President of the Chamber of Deputies

Parliament, the Prime Minister and Minister of Foreign Affairs, access to

the classified information to a foreign power. ".



8. In article 59, paragraph 7 is added:



"(7) to the classified information to a foreign power can be a one-time access

only in accordance with the requirements of a foreign power. ".



9. in section 60 paragraph 6 is added:



"(6) in emergency situations, you can access to the classified information to a foreign

can allow only in accordance with the requirements of a foreign power. ".



10. In section 66 paragraph 1. 1 (b). (b)), the words "§ 56 para. 1 (b). (b)), f) and (g)) "

replaced by the words "§ 56 para. 1 (b). (b)), and (f))) to (i) ".



11. In paragraph 68, at the end of paragraph (e)) dot replaced with a comma and the following

subparagraph (f)), including footnotes # 28a is inserted:



"(f)) submit to the Office the decision on conversion of ^ 28a) the entrepreneur within 15 days of

the date of its adoption.



28A) section 69 of the commercial code. ".



12. In § 77 para. 5, the words "§ 73 and section 78 para. 3 "shall be replaced by the words" and

section 73 ".



13. in paragraph 77, the following paragraph 6 is added:



"(6) a foreign power classified information can only be used in accordance with its

requirements to provide additional foreign power. ".



14. In article 78, paragraph 3 shall be deleted.



15. In article 106, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



16. In article 106 paragraph. 2, the words "or 2" shall be deleted.



17. In article 106 paragraph. 3 the words "1 and 3 ' shall be replaced by" 1 and 2 "and the words" and

under paragraph 2, a party to proceedings "shall be deleted.



18. in § 112 para. 1 (b). f), the words ", except for the provision of an expert

According to § 106 paragraph. 2 ' shall be deleted.



19. in section 137 is at the end of the text of subparagraph (a)), and the words "issues

certificate natural person under section 56a ".



20. In § 138 para. 1 (b). (b)), after the word "workers" shall be replaced

"listed in".



21. in § 140 para. 1 (b). and the word "u)" shall be replaced by the words "in the case",

After the word "ratio" with the words "with the exception of applicants for acceptance

the service or employment relationship who are holders of a certificate

natural persons, at least for the desired degree of confidentiality, "and at the end of the text

(a) shall be supplemented with the words "natural person certificate issued under section

56A. "



22. in paragraph 141, paragraph 1 reads:



"(1) the Ministry of the Interior decides on applications in the case of natural persons

members selected to meet the serious tasks of police

Minister of the Interior, with the exception of members of the police, who are holders of

the certificate of a natural person, at least for the desired degree of confidentiality, and

revocation of a certificate of physical persons for these members of the police

and issue a certificate of a natural person under section 56a. ".



Article. (II)



The effectiveness of the



This Act shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.