Key Benefits:
ACT
of 5 August 2010
o protection of classified information 1)
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act lays down rules for the protection of information, the unauthorised disclosure of which would cause or could cause damage to the Republic of Poland or it would be from the point of view of its interests unfavourable, also in the course of their development and regardless of the form and the manner in which they are expressed, hereinafter referred to as 'classified information', that is, the following rules:
1. classifying classified information;
2. Organize protection of classified information;
3. processing of classified information;
(4) a verification procedure to determine whether the person concerned gives a guarantee of secrecy, hereinafter referred to as "examination proceedings" or "checking investigation", as appropriate;
5) proceedings to determine whether an entrepreneur covered by it provides the conditions for the protection of classified information, hereinafter referred to as "industrial security proceedings";
6. the organisation of the state of the security of classified information;
7) the protection of classified information in ICTs;
8) the use of physical security measures in relation to classified information.
2. The provisions of the Act shall apply to:
1. bodies of public authority, in particular:
(a) the Sejm and the Senate,
b) the President of the Republic of Poland,
(c) bodies of government administration,
(d) bodies of local government units, as well as other bodies subordinate to them or supervised by them,
(e) courts and tribunals,
(f) bodies of state control and protection of the law
2) organizational units subordinate to, or supervised by, the Minister of National Defence;
3) the National Bank of Poland;
4) state legal persons and other than those mentioned in point 1-3 of the State organisational units;
5) bodies governed by public authorities or supervised by those bodies;
6) entrepreneurs intending to apply or apply for the conclusion of contracts related to access to classified information or performing such contracts or executing on the basis of the provisions of the law of the task of access to information implicit.
3. The provisions of the Act on the protection of classified information shall not violate the provisions of other laws on the protection of professional secrecy or other secrets legally protected, subject to art. 5.
Article 2. [ Definitions] As defined in the Act:
1) organisational unit-is the entity listed in Art. 1 (1) 2;
2) handle the secrecy of the secrecy-is the ability of a person to meet statutory requirements to ensure the protection of classified information prior to their unauthorised disclosure, found as a result of carrying out the examination procedure;
3) document-is any recorded classified information;
4. material, shall be a document or object, or any part thereof, protected as classified information, and in particular a device, equipment or weapons manufactured or in the course of manufacture, and of the constituent used for their manufacture;
5. processing of classified information-shall be all operations carried out with regard to classified information and on this information, in particular their manufacture, modification, copying, classification, collection, storage, transmission or making available;
6) the ICT system-is a ICT system within the meaning of Art. 2 point 3 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. No 144, pos. 1204, with late. 1. 2) );
7) a document of specific safety requirements-there is a systematic description of how the security of the IT system is managed;
8) document of procedures for the safe operation of the ICT system-is a description of the manner and mode of the proceedings in matters related to the security of classified information processed in the IT system and the scope of responsibility the users of the ICT system and the staff who have access to it;
9) the documentation of the security of the IT system-is a document of specific safety requirements and a document of procedures for safe operation of the ICT system, developed in accordance with the principles set out in the Act;
10) accreditation of IT security-is the admission of the IT system for processing classified information;
11) certification-there is a process of confirming the ability of a device, tool or other means to protect classified information;
12) the security audit of the IT system-it is the verification of the correctness of the implementation of the requirements and procedures, as specified in the documentation of the security system of the IT system;
13) entrepreneur-is an entrepreneur within the meaning of art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. 2007 Nr 155, poz. 1095, of late. 1. 3) ) or any other organisational unit, irrespective of the form of ownership which they intend to carry out or carry out in the course of their business activities related to the access to information of classified contracts or tasks resulting from the provisions of law;
14) the manager of the entrepreneur-he is a member of a one-man board or another one-person management body, and if the body is multi-person-the whole body or member or members of that body appointed at least the resolution of the management board to performing the duties of the head of the entrepreneur, with the exception of the plenipotentiaries established by that body or the entity; in the case of an overt company and a civil company manager of the entrepreneur are the shareholders of the company, in the partner-partners in the company or management board, and in relation to the company In the case of a natural person who is an economic operator, the manager of the company is the person; as the head of the entrepreneur, he is also considered to be the person responsible for the business activity of the company; the liquidator, as well as the receiver or the liquidator established in the bankruptcy proceedings; the head of the entrepreneur is the head of the organizational unit within the meaning of the provisions of the Act;
15) the risk-a combination of the likelihood of occurrence of an adverse event and its consequences;
16) risk assessment-there is a comprehensive process of analysis and risk assessment;
17) risk management-coordinated action on the management of information security, taking into account the risks;
18) employment-there is also a proper appointment, appointment or designation.
Article 3. [ Application of provisions of the Code of Administrative Procedure] The following provisions shall apply to investigations, checking investigations and industrial security proceedings, to the extent that the law does not comply with the law. 6-8, art. 12, art. 14-16, art. 24 § 1 points 1-6 and § 2-4, art. 26 § 1 ,art. 28, art. 29, art. 30 § 1-3, art. 35 § 1, art. 39, art. 41-47, art. 50, art. 55, art. 57-60, art. 61 § 3 and 4, art. 63 § 4, art. 64, art. 65, art. 72, art. 75 § 1, art. 77 § 1, art. 97 § 1 pt. 4 and § 2, art. 98, art. 101, art. 103, art. 104, art. 105 § 2, art. 107, art. 109 § 1, art. 112, art. 113 § 1, art. 125 § 1, art. 156-158 and Art. 217 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. 1. 4) ).
Article 4. [ Providing classified information] 1. The classified information may be made available only to the person giving the warranty of secrecy and only to the extent necessary for the performance of his work or duty in the occupied position or the execution of the outsourced activities.
2. The rules of deallocation from the obligation of secrecy in secret information and the way of dealing with acts of cases containing classified information in proceedings before courts and other bodies shall be determined by the provisions of separate laws.
3. If the provisions of separate laws empower organs, services or institutions or their authorized personnel to make checks, in particular to free access to the premises and materials, and its scope concerns classified information, those powers shall be exercised in accordance with the provisions of this Law.
Chapter 2
Classifying classified information
Article 5. [ Grant of classification] 1. The classified information shall be given a "top secret" clause, if their unauthorised disclosure will cause exceptionally serious damage to the Republic of Poland by the fact that:
1) the threat of independence, sovereignty or territorial integrity of the Republic of Poland;
2) threaten the internal security or constitutional order of the Republic of Poland;
3) threaten the allies or the international position of the Republic of Poland;
4) weaken the defense readiness of the Republic of Poland;
5) will lead or may lead to the identification of officers, soldiers or employees of the services responsible for the execution of the intelligence or counterintelligence tasks, who perform the operational and reconnation activities, if the security is endangering the activities carried out or may lead to the identification of the persons who assist them in this respect;
6) threaten or threaten the life or health of the officers, soldiers or employees who perform the operational and reconnation activities, or the persons providing assistance to them in this respect;
7) threaten or threaten to endanger the life or health of the Crown witnesses or persons to them closest, persons to whom the protection and assistance measures provided by the Act of 28 November 2014 have been granted. o protection and assistance to the victim and witness (Dz. U. of 2015 items 21), or witnesses, referred to in art. 184 of the Act of 6 June 1997. -Code of criminal proceedings, or persons for them closest.
2. The classified information shall be given a "secret" clause, if their unauthorised disclosure will cause serious harm to the Republic of Poland by the fact that:
1) prevent the realisation of tasks related to the protection of sovereignty or constitutional order of the Republic of Poland;
2) deteriorate the relations of the Republic of Poland with other countries or international organizations;
3) disrupt the defense preparations of the State or the functioning of the Armed Forces of the Republic of Poland;
4) make it difficult to carry out operational and exploratory activities carried out in order to ensure the security of the State or to prosecute the perpetrators of the crimes by the services or institutions to that entitled;
5) will significantly disrupt the functioning of law enforcement and judicial authorities;
6) will bring a loss of significant proportions in the economic interests of the Republic of Poland.
3. The classified information shall be given a "confidential" clause, if their unauthorised disclosure will cause damage to the Republic of Poland by the fact that:
1) make it difficult to conduct the current foreign policy of the Republic of Poland;
2) impedes the execution of defense ventures or negatively affect the combat capacity of the Armed Forces of the Republic of Poland;
3) disrupt public order or threaten the security of citizens;
4) hinder the performance of tasks of the services or institutions responsible for the protection of security or essential interests of the Republic of Poland;
5. hinder the performance of tasks for the services or bodies responsible for the protection of public policy, the security of citizens or the prosecution of offenders of crime and treasury crimes and the judicial authorities;
6) threaten the stability of the financial system of the Republic of Poland;
7) will adversely affect the functioning of the national economy.
4. The classified information shall be subject to the "reserved" clause if they have not been given a higher classification, and their unauthorised disclosure may have a detrimental effect on the exercise by public authorities or other organisational units of tasks in the scope of national defence, foreign policy, public security, observance of the rights and freedoms of citizens, the judiciary or the economic interests of the Republic of Poland.
5. The classified information provided by international organizations or other states on the basis of international agreements shall be marked by the Polish counterpart of the classification of the classification.
Article 6. [ The entity authorised to grant the classification] 1. The secret clause confers a person who is entitled to sign a document or a designation other than a material document.
2. The classified information shall be protected in the manner prescribed by the Act until the abolition or amendment of the classification shall be subject to the rules laid down in the paragraph. 3, subject to paragraph. 6. The person referred to in the mouth. 1, may specify a date or event after which the secrecy clause will be abolished or amended.
3. The transfer or amendment of the classification clause shall be possible only after the written consent of the person referred to in the paragraph. 1, or its superiors in case of cessation or change of the statutory safety pivots referred to in art. 5, subject to paragraph. 5.
4. The managers of the organizational units shall carry out at least once every 5 years review of the materials in order to determine whether they meet the statutory protection conditions.
5. The written consent for the performance of the activities referred to in paragraph. 3, in the case of classified information of the "top secret" clause shall be expressed by the head of the organizational unit in which the material has been given the classification of the classification.
6. Upon the abolition or amendment of the classification, the steps shall be taken to make the necessary changes to the marking of the material and to inform the public of the material. The recipients of the material who handed it over to the next recipients shall be responsible for informing them of the abolition or amendment of the classification.
7. The powers of abolition or amendment of the classification of the material shall pass, in the case of termination, abolition, liquidation, bankruptcy involving the liquidation of the property of the bankrupt, transformation or reorganization of the organizational unit, on its legal successor. In the absence of a legal successor, the powers in this respect shall be transferred to the Internal Security Agency, hereinafter referred to as 'ABW', or to the Military Contrintelligence Service, hereinafter referred to as 'SKW', subject to the provisions of Article 4 (1) of the Financial Regulation. 10 para. 2 and 3.
8. Individual parts of the material may be marked with different classification clauses.
9. The President of the Council of Ministers shall determine, by means of a regulation, the manner of marking the materials, the classification of the clauses on them, and the mode and manner of alteration or the abolition of the given clause.
10. In the regulation referred to in paragraph. 9, the President of the Council of Ministers will take into account the need to designate the materials in such a way as to distinguish them from the explicit materials, taking into account the types of classification and material and the manner in which the part of the material referred to in paragraph is to be distinguished separately. 8.
Article 7. [ Protected Data Regardless of Time Elapsed Time] 1. Protected regardless of the passage of time, subject to the paragraph. 2, are:
1) data likely to lead to the identification of officers, soldiers or employees of the services and institutions entitled to exercise on the basis of the Act of Operations and Recognizers as officers, soldiers or employees performing these tasks;
2. data which may lead to the identification of persons who have provided assistance in the field of operational and reconnational services to the services and institutions authorised to exercise them on the basis of the Act;
(3) classified information obtained from the authorities of other countries or international organisations, where such information was a condition for their making available.
2. The protection shall not be subject to the data referred to in paragraph 1. 1 points 1 and 2, contained in documents, datasets, registers and cartons, as well as in the acts of officers and soldiers of state security bodies, subject to obligation of transfer to the Institute of National Remembrance-Commission of Prosecution Of Crimes against the Polish National on the basis of regulations:
1) of the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. 2007 Nr 63, poz. 424, with late. 1. 5) );
2) of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. 2007 Nr 63, poz. 425, of late. 1. 6) )
-unless access to specific documents has been reserved in the art mode. 39 of the Act referred to in paragraph 1.
Article 8. [ Requirements for classified information with a specific classification level] Classified information to which the specified security classification is given:
1) may be made available only to the person entitled, in accordance with the provisions of the Act concerning access to the specified classification classification;
2) they must be processed in conditions preventing their unauthorised disclosure, in accordance with the provisions laying down requirements for secret chambers, security of the information and communication systems, the circulation of materials and security measures Physical, relevant to the specified classification level;
3) they must be protected, respectively, to the given classification level, with the application of the security measures specified in the Act and the implementing rules issued on its basis.
Article 9. [ Application for amendment of the classification classification] 1. The recipient of the material, in the event of a declaration of the loss or understatement of the classification, may apply to the person who gave it, or the superior of the person concerned with the request to make an appropriate change.
2. In the case of refusal to make a change or not to respond within 30 days from the date of submission of the application referred to in paragraph. 1, the recipient of the material may apply accordingly to ABW or SKW to settle the dispute.
3. The dispute referred to in paragraph. 2, ABW or SKW resolves within 30 days from the date of submission of the request for settlement of the dispute.
4. If the party to the dispute referred to in paragraph 1 2, is ABW or SKW, this dispute resolves to the President of the Council of Ministers within 30 days from the date of submission of the request for settlement of the dispute.
5. The President of the Council of Ministers may authorize the Head of the Chancellery of the Prime Minister, the Secretary of State or the undersecretary of state in the Chancellery of the Prime Minister to carry out the activities referred to in the paragraph. 4.
Chapter 3
Organisation for the protection of classified information
Article 10. [ Tasks ABW and SKW] 1. ABW and SKW, supervising the functioning of the system of protection of classified information in the organizational units remaining in their jurisdiction specified in the mouth. 2 and 3:
1) monitor the protection of classified information and comply with the provisions in force in this regard;
2) carry out tasks in the field of security of information and communication systems;
3. conduct investigations, check investigations and industrial security proceedings;
4. ensure the protection of classified information exchanged between the Republic of Poland and other countries or international organisations;
5) conduct consultancy and training in the protection of classified information.
2. SKW carries out tasks in relation to:
1) the Ministry of National Defence and the organizational units subordinate to, or supervised by, the Minister of National Defence;
2) attack of defence in foreign institutions;
3) soldiers in the service of active duty designated as service posts in other organisational units than those mentioned in points 1 and 2.
3. ABW carries out tasks in relation to the organizational units and persons subject to the law, not mentioned in the mouth. 2.
Article 11. [ Duties Of Head Of ABW] 1. The head of ABW shall act as a national security authority.
2. The national security authority shall be competent to supervise the system of protection of classified information in the relations of the Republic of Poland with other states or international organizations and issue of documents authorizing access to classified information of the North Atlantic Treaty Organisation, hereinafter referred to as 'NATO', of the European Union or other international organisations, hereinafter referred to as 'international classified information'.
3. The Head of ABW shall act as a national security authority with regard to the entities referred to in art. 10 para. 2, through the SKW Boss.
4. To the extent necessary for the exercise of the functions of the national security authority, the Head of the ABW or the officers of the ABW and the Head of the SKW or the authorised soldiers or officers of the SKW shall have the right to:
1) inspection of documents related to the protection of international classified information;
2) entrance to facilities and premises intended for processing of international classified information;
3) access to information and communication systems intended for the processing of international classified information;
4) obtaining explanations and information regarding the protection of international classified information.
5. Head of ABW organizes cooperation with Head of SKW in the exercise of functions of national security authority.
6. The President of the Council of Ministers will determine, by means of the regulation, the scope, the mode and manner of cooperation of the Head of the ABW and the SKW Chief in the exercise of the functions of the national security authority by the Head of ABW.
7. In the Regulation referred to in paragraph. 6, the President of the Council of Ministers will take into account the role of the Head of the ABW in the supervision of the system of protection of classified information exchanged between the Republic of Poland and other countries or international organisations and the need to ensure uniformity of the applied by the national security authority of procedures in the civil and military sphere.
Article 12. [ Rights of ABW officers and SKW soldiers] 1. To the extent necessary for the control of the state of the security of classified information, authorised written officers of ABW or officers or soldiers of the SKW shall have the right to:
1) entrance to the premises and premises of the controlled unit where such information is processed;
2) insight into the documents related to the organization of the protection of this information in the controlled organizational unit;
3) requests for access to the control of the information and communication systems for the processing of such information;
4) carry out the visual inspection of objects, property elements and check the course of specific tasks related to the protection of this information;
5) requests from managers and employees of controlled organizational units providing oral and written explanations;
6) consultation with the control of information in uncontrolled entities, if their activity remains in connection with the processing or protection of classified information, and requests for explanations from the managers and employees of these entities;
7) the appointment and use of the assistance of experts and specialists, if the statement of circumstances revealed at the time of carrying out the check requires special messages;
8) to participate in the meetings of management, management or supervisory bodies, as well as opinions and advisory bodies in matters relating to the protection of this information in a controlled organisational unit.
2. If at the time of the exercise of the checks referred to in paragraph. 1, there will be a significant degree of prima facie suspicion of the possibility of processing classified information in ICTs without a ICT security accreditation, ABW functionaries or officers, or SSKW soldiers may request that these systems be made available for control purposes only in order to the extent necessary to determine whether such processing has taken place and to clarify the circumstances of this related matter.
3. The examination of checks, checking investigations and industrial security proceedings, with the exception of the proceedings referred to in Article 3 (1) of the Rules of Procedure. 23 (1) 5, they shall be subject to controls in respect of the regularity of their implementation. This control shall lead to:
1) the President of the Council of Ministers-in relation to the proceedings carried out by ABW or SKW;
2) respectively ABW or SKW-in relation to proceedings carried out by the security proxies.
4. To the activities referred to in paragraph. 1 and 3, made by ABW or SKW or by the President of the Council of Ministers shall apply mutatis mutandis the provisions of Art. 30-39 ust. 2-4, art. 40 par. 2-4, art. 41-49 mouth 2-6, art. 50 par. 1-3, art. 64 par. 1 and Art. 98 of the Act of 23 December 1994. of the Supreme Chamber of Control (Dz. U. 2007 No. 231, item. 1701 and 2008 Nr 209, poz. 1315, Nr 225, pos. 1502 i Nr 227, poz. 1505), except that the powers and obligations provided for in that law:
1) Supreme Chamber of Control-perform respectively ABW and SKW or Kancelaria Prezesa Rady Ministrów
2) President, Vice President and Senior Chamber of Control-perform respectively Head, Deputy Head and authorized officer of ABW and Head, Deputy Head and authorized officer or soldier of the SKW or the President of the Council of Ministers or authorized an employee of the Chancellery of the Prime Minister.
5. The activities referred to in paragraph 1. 1 points 1-5 and 8, carried out by ABW in relation to the Chancellery of the Sejm, the Chancellery of the Senate and the Chancellery of the President of the Republic of Poland shall be exercised in agreement respectively with the Marshal of the Sejm, the Marshal of the Senate and the Head of the Chancellery of the President The Republic of Poland. The arrangements shall be made by the President of the Council of Ministers and, in the absence of a reconciliation, the action may not
6. The President of the Council of Ministers shall determine by way of regulation:
1. the manner of preparation and the scope and mode of carrying out the state of the security of classified information security;
2) the mode of reconciliation of the date of inspection, including the activities referred to in paragraph. 1 points 1-5 and 8, executed in relation to the Chancellery of the Sejm, the Chancellery of the Senate and the Chancellery of the President of the Republic of Poland;
3) the tasks of ABW officers and officers or SKW officers supervising and performing the control activities;
4) how to document the control activities and the preparation of the audit log, the occurrence of the control and the information on the results of the checks.
7. In the Regulation referred to in paragraph. 6, the President of the Council of Ministers will take into account the need to ensure that the scope and manner of carrying out controls allows for efficient and objective determination of the factual security of classified information in the controlled organisational unit and its fair documenting.
Article 13. [ The authorities authorised to carry out widened checks] 1. The managers of the organizational units work together with the services and institutions authorised to conduct expanded investigations, checking investigations and industrial security proceedings, in particular make available to the officers, staff or soldiers of those services and institutions, upon presentation of the written authorisation by them, the information and documents necessary to carry out the operations within the framework of these proceedings.
2. The services and institutions entitled to carry out widened investigations, to the extent necessary for the performance of their tasks, to protect classified information may request other institutions, services and bodies to provide the necessary assisting in carrying out activities carried out in the context of investigations, checking investigations and industrial security proceedings.
3. The heads of services and institutions referred to in art. 23 (1) 2 and 5 shall make available to the authorized officers, staff or soldiers of the services and institutions referred to in paragraph 1. 1, for the purposes of those services and bodies of investigations which check or control investigations, at their disposal, information and documents only where the person concerned is in their opinion the verification or control of the examination procedure does not give a guarantee of secrecy; otherwise, they shall inform that they do not have information and documents demonstrating that the person concerned does not give this warranty.
4. The President of the Council of Ministers shall determine by way of regulation:
1) the detailed scope, conditions, manner and mode of transmission by the managers of the organisational units to the departments and institutions entitled to carry out widened checks, checking of investigations and proceedings the industrial security of the information referred to in paragraph. 1 and 3, and making available to them the documents necessary for the purposes of these proceedings;
2) the detailed scope, conditions, manner and mode of granting by the Central Anti-Corruption Bureau, hereinafter referred to as the "CBA", the Police, Border Guard, Military Gendarmerie and the treasury control authorities necessary assistance to the services and institutions entitled to the conduct of enhanced investigations, audit investigations and industrial security procedures in the execution of operations in the context of these proceedings.
5. In the Regulation referred to in paragraph. 4, the President of the Council of Ministers will take into account the scope of the data to be included in requests for information or assistance, as well as the possibility of using the information technology systems to ensure the effectiveness of their transmission and information.
Article 14. [ Attorney for protection] 1. The head of the organizational unit in which classified information is processed shall be responsible for their protection, in particular for arranging and ensuring the functioning of that protection.
2. The manager of the organizational unit is directly subject to his/her authorized representative for the protection of classified information, hereinafter referred to as the "security attorney", who is responsible for ensuring compliance with the provisions on information protection implicit.
3. The security officer may be the person who owns:
1) Polish citizenship;
(2) higher education;
3) adequate security clearance issued by ABW or SKW, as well as by the former Office of State Protection or former Military Information Service;
4) a certificate of training in the protection of classified information carried out by ABW or SKW, as well as by the former Military Information Service.
4. The head of the organizational unit may employ the deputy or the deputies of the security attorney, subject to compliance by these persons with the conditions referred to in the paragraph. 3.
5. The detailed scope of the duties of the Deputy Protection Agent shall be determined by the Head of the
Article 15. [ Security Plenipotentiary Tasks] 1. The tasks of the security attorney shall be:
1) ensuring the protection of classified information, including the use of physical security measures;
2) ensuring the protection of the information and communication systems in which classified information is processed;
3) management of the risk of security of classified information, in particular the risk assessment;
4) the control of the protection of classified information and the observance of the provisions on the protection of such information, in particular periodic (at least once every three years) checking of the records, materials and circulation of documents;
5) developing and updating, requiring the approval of the head of the organizational unit, the plan for the protection of classified information in the business unit, including in the event of the introduction of an emergency state, and overseeing its implementation;
6) conducting training in the protection of classified information;
(7) conduct regular investigations and check-out investigations;
(8) maintain an up-to-date list of persons employed or in service in the business unit or perform outsourced activities which have access to classified information and persons who have been refused an attestation. the safety or revocation of such safety, including:
(a) first and last name,
(b) the PESEL number,
c) the father's name,
(d) date and place of birth,
(e) address of residence or stay,
(f) the identification of the document ending the procedure, the date of issue and the number;
9. the transfer of ABW or SKW respectively to the records referred to in art. 73 (1) 1, the data referred to in art. 73 (1) 2, persons entitled to access classified information, as well as persons who have been refused a security certificate or to whom a decision to withdraw a security certificate has been taken, on the basis of the list referred to in point 8.
2. The tasks referred to in paragraph 2. 1, the security representative shall carry out, by means of an isolated and subordinate organisational cell for the protection of classified information, hereinafter referred to as the "security vertical", if it is formed in an organisational unit.
3. The task referred to in paragraph. 1 point 9, does not apply to security agents in the services and institutions authorised to carry out the extended examination proceedings referred to in art. 23 (1) 2 and 5.
4. The head of the organizational unit may entrust the security officer and the security personnel with the performance of other tasks, if their implementation does not violate the proper performance of the tasks referred to in paragraph. 1.
Article 16. [ Requirements for the security vertical employee in the business unit] A security vertical worker in a business unit can be a person who has:
1) Polish citizenship, with the exception of employees of the protection of employed persons employed in entrepreneurs;
2. the relevant security clearance or authorisation referred to in Article 3 (2). 21 (1) 4 point 1;
3) a certificate of training received in the protection of classified information.
Article 17. [ Notice of Infringement of the Protection of Classified Information] 1. In the event of a finding of an infringement in the organisational unit of the provisions for the protection of classified information, the protection attorney shall notify the manager of the organizational unit and take immediate action to clarify the circumstances of this infringement and the limitations of its negative effects.
2. In the event of a finding of a breach of the provisions on the protection of classified information with the "confidential" clause or a higher security attorney, it shall immediately inform ABW or SKW accordingly.
Article 18. [ Delegations] 1. The Minister of National Defence will determine, by way of regulation:
1) the detailed tasks of the security agents in the scope of protection of classified information in the organizational units of him subordinate to or supervised by him;
2. specific requirements for the use of physical security measures intended for the protection of classified information;
3) the place and role of the Plenipotentiary of the Minister of National Defence for the Protection of Informal Information and Representatives Of The Protection Of Managers Directly of the Overriding Organizational Units in the ministerial system of classified information protection;
4) the scope, mode and manner of interoperability of the security agents in the scope of protection of classified information with SKW;
5) the types, specific objectives and the way of organising training in the protection of classified information;
6) the scope of application of physical security measures and criteria for creating protection zones;
7) the development mode and the necessary elements of the plans for the protection of classified information, including the handling of classified information classified as "secret" or "top secret" in the event of the introduction of an emergency state, as well as the way supervise their implementation.
2. In the Regulation referred to in paragraph. 1, the Minister of National Defence will take into account the overarching role of Plenipotentiary of the Minister of National Defence for the Protection of Information Not explicitly in the coordination and supervision of undertakings in the protection of classified information, in order to ensure uniform and an effective system for the protection of classified information in the organisational units referred to in Article 1 (1) 2 point 2.
Chapter 4
Training in the protection of classified information
Article 19. [ Entities conducting training in the protection of classified information] 1. Training in the protection of classified information shall be carried out in order to acquaet the following:
1) the rules on the protection of classified information and the criminal, disciplinary and official responsibility for their violation, in particular for the unauthorised disclosure of classified information;
2. the rules for the protection of classified information to the extent necessary for the performance of work or service, taking into account the principles of risk management of classified information, in particular the risk assessment;
3. the protection of classified information and emergency procedures for such information or in the event of disclosure.
2. The training referred to in paragraph 2. 1:
1) carry out ABW or SKW respectively-for the protection agents and their deputies and persons provided for those posts, entrepreneurs performing unitary activities, and for managers of entrepreneurs in which they have not been employed security proxies;
2) carry out ABW or SKW, respectively, jointly with the security attorney-for the head of the organizational unit in which classified information with the "top secret" or "secret" clause is processed;
3) arrange for the protection attorney-for the other persons employed, serving or performing tasks commissioned in the business unit;
4) carries out ABW-for MPs and senators.
3. Training shall be carried out at least once every 5 years. Training may be waiving if the person undertaking the work or the beginning of the service or the performance of the contracted activities presents a current certificate of training to the representative of the security.
4. The costs of training carried out by ABW or SKW, excluding the training referred to in paragraph. Article 2 (4), and subject to paragraph 2, point 4 5, the cover of an organisational unit in which a person is employed, is in service or has been commissioned.
5. The organizational units referred to in art. 1 (1) The costs of training carried out by ABW or SKW shall not be covered by the Police Department 2.
6. The reciprocal rights and obligations of the training entity, the participant of the training referred to in paragraph. 2 points 1 and 2, and the organisational unit in which the trained person is employed, fully service or commissioned, specifies the contract concluded between the person concerned, the training participant and the undertaking.
Article 20. [ Certificate of completion of training] 1. Training referred to in art. 19 (1) 1, end with the release of the certificate. When receiving a certificate, the trained person shall make a written declaration of the provisions for the protection of classified information.
2. The President of the Council of Ministers shall determine by way of regulation:
1) models of attestations stating that the training in the protection of classified information is carried out;
2) the method of accounting for the costs of the training referred to in art. 19 (1) 4.
3. In the Regulation referred to in paragraph. 2, the President of the Council of Ministers will take into account the distinctiveness resulting from the issue of certificates by ABW and SKW and the security agents and the way of setting the costs for the purposes of their accounting in such a way that their amount may not exceed 25% of the average monthly remuneration in the enterprise sector without payment of prizes from profit in the fourth quarter of the previous year, announced by the President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. on loan and student loans (Dz. U. Nr 108, pos. 685, of late. 1. 7) ).
Chapter 5
Personal safety
Article 21. [ Conditions for admission to work related to access to classified information] 1. Admission to work or service in a post or work order related to access to classified information of a "confidential" or higher clause may occur, subject to art. 34, after:
1. obtaining security attestative and
2) the training in the protection of classified information.
2. Persons who do not hold Polish citizenship may not be allowed to work or to serve as a post or perform outsourced tasks with which access to classified information with a "secret" or "top secret" clause is connected, with subject to paragraph. 3.
3. The provision of the paragraph. 2 shall not apply to persons:
1) occupying positions relating to the management of the execution by the trader of a contract related to access to classified information or related to the direct execution of such a contract or performing tasks for defence or security states, relating to access to classified information in an entrepreneur;
2) which, on behalf of the entrepreneur referred to in point 1, participate in the activities aimed at the conclusion of the contract, if these activities are related to access to classified information;
3) employed in the vertical protection of the entrepreneur referred to in point 1, with the exception of the person occupying the position of the security attorney and the deputy of the protection attorney.
4. The admission to work or duty of a post or a work order relating to the access of a person to classified information on the "restricted" clause may occur after:
1) written authorization by the manager of the organizational unit, if it does not have a security certificate;
2) the training in the protection of classified information.
Article 22. [ Investigating proceedings] 1. Depending on the position or execution of the requested persons, hereinafter referred to as the "checked person", shall be carried out:
(1) ordinary examination proceedings, with posts and works relating to access to classified information, with a "confidential" clause, subject to point 2 (a) (d). b-d;
2. the extended investigation procedure:
(a) in posts and works relating to access to classified information with a "secret" or "top secret" clause,
(b) to the security agents, alternate security agents and candidates for these posts,
(c) to the managers of the business units in which classified information is processed with a "confidential" or higher clause,
(d) to persons applying for access to international classified information or for access, which is to be the result of an international agreement concluded by the Republic of Poland.
2. Personalities indicated in the mouth. 1 point 2 (a) b-d shall be issued with a security certificate authorizing access to classified information of such a clause as indicated in the application or the recommendation.
Article 23. [ Types of investigations] 1. The security attorney shall carry out the ordinary course of examination on the written instructions of the manager of the organizational unit.
2. ABW or SKW carries out widened checks:
1) at the written request of the manager of the organizational unit or the person entitled to the lineup of the position or work order;
2) towards officers, soldiers and workers and persons applying for admission to service or work in ABW or SKW;
3. in respect of persons carrying out activities commissioned or applying for the execution of those activities to ABW or SKW.
3. ABW shall carry out a widened procedure to verify the following:
1) Head of SKW, Head of the Intelligence Agency, hereinafter referred to as "AW", Head of the CBA, Head of the Government Security Bureau, Chief of the Police Chief, General Director of the Prison Service, Chief of the Main Border Guard and persons envisaged for these posts;
2) Security Agents, Deputy Protection Agents and persons appointed for these posts in SKW, AW, CBA, Office of the Protection of Government, Police, Prison Service and Border Guard.
4. The SKW shall carry out widened investigations to verify the following:
1) Head of the ABW, Head of the Military Intelligence Service, hereinafter referred to as "SWW", Commandant of the Main Military Gendarmerie and the persons envisaged for these posts;
2) security agents, deputy security agents and persons provided for these positions in ABW, SWW and Military Gendarmerie.
5. AW, CBA, Government Security Office, Police, Prison Service, SWW, Border Guard and Military Gendarmerie shall carry out their own examination and audit investigations, as appropriate, to:
1) own officers, soldiers and workers and persons applying for admission to service or work,
2) persons performing tasks assigned to them or applying for the exercise of those activities
-subject to paragraph. 3 and 4.
6. As regards the investigations and checks of the checks carried out by the services and the institutions referred to in paragraph 6. 5, the services and the institutions of ABW and SKW shall be entitled to these services.
Article 24. [ Purpose of the examination] 1. The examination procedure is intended to determine whether the person checked gives a guarantee of the secrecy of the mystery.
(2) In the course of the examination procedure, it shall be determined whether there are reasonable doubts as to:
1) participation, cooperation or support by a person of proven espionage, terrorist, sabotage or other activity against the Republic of Poland;
2) the threat of a person checked by foreign special services in the form of attempts to recruit or establish contact with it;
3) observance of the constitutional order of the Republic of Poland, and above all, whether the person was checked to participate or participate in the activities of political parties or other organizations referred to in art. 13 of the Constitution of the Republic of Poland, either collaborated or cooperates with such parties or organizations;
4) concealment or deliberate misuse in a personal safety survey, hereinafter referred to as "the survey", or proceedings to check the person's examination of the information relevant to the protection of classified information;
5) the occurrence of a person's examination of the circumstances causing the risk of its vulnerability to blackmail or exerting pressure;
(6) incorrect handling of classified information, if:
(a) this has led directly to the disclosure of such information to unauthorised persons,
(b) this was the result of deliberate action,
(c) it has created a real threat to their unauthorised disclosure and not of an incidental nature,
(d) has committed this person particularly under the obligation under the law to protect classified information: a security attorney, his or her deputy or head of a secret law firm.
3. In the course of the extended examination procedure, the following shall also be established whether there are doubts concerning:
(1) the standard of living of a person checked clearly in excess of the income earned by it;
2) information on mental illness or other disruption of mental functions limiting mental efficiency and likely to adversely affect the ability of the person to be checked to perform the work, related to access to classified information;
3) addiction to alcohol, narcotic drugs or psychotropic substances.
4. In the absence of any doubt, the doubts referred to in paragraph 1 shall be deleted. 2 or 3, the interest of the protection of classified information takes precedence over other legally protected interests.
5. The body conducting the examination proceedings, guided by the principles of impartiality and objectivity, shall be obliged to demonstrate the highest diligence in the course of the ongoing investigation as to its compliance with the provisions of the Act.
6. All operations carried out in the course of the investigations shall be carefully documented and shall be completed within 3 months of the following day:
1) the submission to the security attorney of the completed survey, or
2) to submit an application for a verification procedure with the completed survey.
7. In the event of failure to meet the time limit referred to in paragraph. 6, the body conducting the proceedings shall inform, at the request of the person checked, the expected date of termination of the proceedings and, if it does not violate the rules for the protection of classified information, of the reasons for the protracted procedure.
8. The conduct of the examination shall be subject to the written consent of the person to whom it is intended.
9. The collection and processing of information about third parties, specified in the survey, may take place without the knowledge and consent of these persons, to the extent necessary to determine whether the person checked gives a warranty of secrecy. Information on third parties may be collected and processed only within the scope set out in the paragraph. 2.
10. The post-filing survey constitutes a legally protected secret and is subject to the protection provided for classified information classified as 'confidential' in the case of extended examination or 'reserved' in the case of normal conduct check. The survey formula, together with the instructions for its completion, is an annex to the Act
Article 25. [ Scope of normal verification procedure] 1. Ordinary examination shall include:
1) check, to the extent necessary, in the records, registers and records, in particular in the National Criminal Register, the data contained in the survey completed and signed by the person, as well as to check other information obtained in the the course of the examination procedure, to the extent necessary to determine whether the person checked gives a guarantee of secrecy;
2) checking in the records and records of inaccessible universally available data included in the survey and other information obtained in the course of the examination, to the extent necessary to determine whether the person checked gives a guarantee of behaviour secrecy.
2. The check referred to in paragraph. 1 point 2, shall be carried out at the written request of the security representative by ABW or SKW.
3. In the course of the check referred to in paragraph. 1 point 2, ABW or SKW shall have the right to have a conversation with the person checked to remove the inaccuracies or contradictions contained in the information obtained.
4. ABW or SKW shall inform the trustee of the protection of the results of the acts referred to in paragraph 1. 1 point 2 and paragraph 1. 3.
5. If it is necessary as a result of the information obtained, the ordinary examination procedure shall also include the interview with the person checked.
(6) If, in the course of the ordinary course of inquiry, there is a doubt in order to determine whether the person checked gives a guarantee of secrecy, the investigating authority shall ensure that the person checked during the hearing is heard. possibility of personal relationship to the information calling these doubts. This person may appear to be heard with his/her proxy. The minutes of the hearing shall be drawn up which shall be signed by the person leading the hearing, the person heard and the representative, if he has participated in it.
(7) The body conducting the ordinary verification procedure shall depart from carrying out the action referred to in paragraph 1. 6 if:
(1) it would involve the disclosure of classified information;
2) the examination procedure led to the unquestionable finding that the person checked does not give the warranty the secrecy of the secrecy.
Article 26. [ The scope of the widening of the examination procedure] 1. The follow-up examination shall include the activities referred to in Article 3. 25 par. 1, and in addition, if necessary as a result of the information obtained, this proceeding shall include:
1) a conversation with the supervisor of the person being checked and with other persons;
2) conduct an interview in the place of residence of the person checked;
3) check the condition and turnover in the bank account and the debt of the person checked, in particular with the State Treasury.
2. To the act referred to in paragraph. 1 point 2, the provisions of the Act of 6 June 1997. -The Code of Criminal Procedure and the provisions on environmental intelligence issued under it shall apply mutatis mutandis.
3. The activities referred to in paragraph 1. 1 point 3, shall be carried out in accordance with art. 105 (1) 1 point 2 (a) k of the Act of 29 August 1997. -Banking law (Dz. U. of 2002. Nr 72, pos. 665, of late. 1. 8) ). The provisions of Article 4 82 § 1 and 2, art. 182 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. 1. 9) ) and Art. 33 (1) 1 of the Act of 28 September 1991. about the treasury control (Dz. U. of 2004 No. 8, pos. 65, of late. 1. 10) ) shall apply mutatis mutandis.
4. To the extended procedure of the examination of the provisions of Art. 25 par. 5-7 shall apply mutatis mutandis.
5. In the case of applicants for access to the information on the "top secret" clause, the extended examination procedure also includes, if necessary as a result of the information obtained previously, a conversation with three persons indicated by the person being checked to obtain other information that may be relevant for the assessment of the warranty of secrecy.
6. In order to make the arrangements referred to in art. 24 ust. 3 points 2 and 3, the body conducting the extended verification procedure may require the person to be checked for specialised testing and the release of the results of those tests. The doctor performing this study shall be made available to the medical records of the person to be checked for the doubts referred to in Article 4. 24 ust. 3 points 2 and 3.
Article 27. [ Suspension of the examination procedure] 1. The examination procedure may be suspended in the case of:
1) an examination of a person's disease lasting more than 30 days, preventing the effective conduct of the examination procedure from being effectively carried out;
2) departure for the border of a person checked for a period exceeding 30 days;
3) when the assessment of the giving of the warranty of the secrecy depends on the prior settlement of the issue by another body, in particular in the case of the initiation against the person of the criminal proceedings in the case of intentional criminal prosecution of the criminal prosecution of public prosecutions or a deliberate treasury offence;
4. when carrying out an effective examination procedure is not possible for other reasons beyond the control of the operator.
2. Suspended verification proceedings shall be taken if:
(1) the reasons for suspending the proceedings have subsided;
2) the disclosure of the circumstances which could give rise to the refusal to issue the security certificate or the remission of the examination procedure was disclosed.
3. The suspension of the examination procedure and of its decision shall be given by the investigating authority to notify the applicant, the security representative and the person to be checked.
4. To complaint to the order for the suspension of the proceedings of the examination of the provisions of the art. 35, art. 37 and art. 38 shall apply mutatis mutandis.
Article 28. [ Termination of the examination procedure] The verification procedure shall end:
1. issue of the security certificate;
2) refusal to issue a security certificate;
(3) redemption.
Article 29. [ Security Clearance] 1. Upon completion of the verification procedure with the positive result, the body conducting the proceedings shall issue a security clearance and communicate to the person checked, notifying the applicant accordingly.
2. The security clearance shall include:
(1) the number of the certificate;
2) the legal basis;
3) an indication of the applicant of the examination procedure;
4) determination of the authority which carried out the examination;
(5) the date and place of issue;
6) first name, surname and birth date of the person checked;
7. determining the type of investigation to be carried out with an indication of the classification of classified information to which the person being checked may have access;
8) statement that the person checked gives a guarantee of the secrecy of the secrecy;
9. the term of validity;
10) the immigrant stamp and signature of the authorized officer of ABW or the officer or soldier of the SKW, or the security attorney who carried out the examination procedure.
3. The security clearance shall be issued for the period of:
1) 10 years-in the case of access to classified information of the "confidential" clause;
2) 7 years-in the case of access to classified information of the "secret" clause;
3) 5 years-in the case of access to classified information with a "top secret" clause.
4. A security clearance authorizing access to classified information of a higher classification shall entitle to access to classified information with a lower classification level, respectively, for the periods referred to in paragraph. 3, also with regard to the security attestas of international organisations.
5. Security attestations issued as a result of carrying out the examination proceedings referred to in art. 23 (1) 5, shall remain valid only during the period of work or service in the authority which has carried out the examination.
6. The President of the Council of Ministers shall determine, by means of regulations, models:
1. security attestas;
2) the security attestas of international organisations.
7. In the Regulation referred to in paragraph. The President of the Council of Ministers shall take into account the data referred to in paragraph 6 in the model of security attestations. 2 and ensure the diversity of the models of security certificates issued by ABW, SKW, the services and institutions referred to in art. 23 (1) 5 and the security agents.
Article 30. [ Refusal to Release Security Benefits] 1. The body conducting the examination shall refuse to issue the security certificate, if the doubts referred to in Article are not remedyed. 24 ust. 2, as well as if the doubts referred to in the Article are not remedying during the expanded investigation. 24 ust. 3.
2. The body conducting the examination shall refuse to issue the security certificate if the person checked has been convicted by a final sentence of imprisonment for a intentional offence prosecuted from public prosecution, also committed abroad, or a deliberate treasury offence, if the act for which the conviction occurred raises the doubts referred to in art. 24 ust. 2 and 3.
3. The decision to refuse the release of security clearance shall include:
1) the legal basis and the factual and legal justification;
2) an indication of the applicant of the examination procedure;
3) the determination of the authority which carried out the examination;
4) the date and place of issue;
5) first name, surname and birth date of the person checked;
6) determination of the type of investigation to be carried out, with an indication of the classification of classified information to which the person was to be consulted;
7) stating that the person checked does not give the warranty the secrecy of the secrecy;
8) the imitation stamp and signature of the authorized officer of ABW or the officer or soldier of the SKW, or the security attorney, who carried out the examination;
9) the instruction on admissibility and the time limit for appealing to the President of the Council of Ministers or the Head of the ABW or the Head of the SKW.
4. The factual justification in the part containing the classified information shall be protected under the conditions set out in this Act.
(5) Upon completion of the examination procedure with the negative result, the investigating authority shall issue a decision to refuse the security certificate and serve it to the person to be checked, notifying the applicant and the security representative.
6. The person entitled to the lineup of the post shall be obliged, immediately after receipt of the notice of refusal to issue the security clearance in the scope of access to classified information, prevent access to classified information to the person whom The refusal shall apply, subject to Article 21 (1) 4.
(7) The examination proceedings against a person who has been refused a security clearance may be carried out at the earliest one year after the date of service of the refusal to issue the security clearance.
8. The President of the Council of Ministers shall determine, by means of a regulation, the model of the decision to refuse to issue a security clearance.
9. In the Regulation referred to in paragraph. 8, the President of the Council of Ministers shall take into account in the model decision the components referred to in paragraph. 3 and ensure the diversification of the designs of the decisions issued by ABW, SKW, the services and institutions referred to in art. 23 (1) 5 and the security agents.
Article 31. [ Closure of examination procedure] 1. The mortifying of the examination procedure shall take place in the case of:
1) the death of the person checked;
2) the resignation of the person checked from applying for a position or occupying a position or carrying out work, related to access to classified information;
3) a waiver by the head of the organizational unit from the intention to cast the person checked on the position or order of its work, related to access to classified information;
4) when the proceedings for another reason became unconcerned.
2. The investigator shall notify the applicant, the protection representative and, in the cases referred to in paragraph 2, of the remission of the conduct of the examination. 1 point 2-4, person checked.
Article 32. [ Deadline for the next examination] 1. At the written request of the manager of the organizational unit or the person entitled to the position of the position, submitted at least 6 months before the expiry of the period of validity of the security certificate, the competent authority shall carry out the following proceedings check.
2. The provisions of the law relating to the proper conduct of the examination shall be applied to the next examination procedure, taking into account the paragraph. 3 and 4.
3. The subsequent verification procedure should be completed before the expiry of the period of validity of the security certificate. The time limit referred to in Article 24 ust. 6, does not apply.
4. If, in the case of a person with a valid security clearance, issued by ABW, SKW, AW or SWW, a request for a check to be carried out in order to issue the security clearance of an international organization, shall be sent, the completion of the survey is not required and the security clearance of the international organisation shall be issued only for the period of validity of the security certificate held by that person.
Article 33. [ Check investigation] 1. In the event that the person to whom the security clearance has been issued will be disclosed new information indicating that it does not give the warranty of secrecy, the audit proceedings shall be carried out. The person checked does not complete a new survey for the purposes of this proceeding.
2. The procedure referred to in paragraph 2. 1, shall carry out the competent authority to carry out the next examination procedure, subject to paragraph 1. 3.
(3) In cases justified on grounds of security, the verification procedure may be carried out by ABW or SKW.
4. The provision of the paragraph. 3 shall not apply to checks carried out against persons who have a security clearance issued as a result of carrying out the examination procedure referred to in Article 3. 23 (1) 5.
5. In order to verify the information referred to in paragraph. 1, the competent authority may carry out the necessary checks. The protection trustee may carry out the activities referred to in Article 4 in this mode. 25 par. Article 1 (1), and the services and institutions authorised to carry out widened proceedings, shall also examine the activities referred to in Article 1 (1). 25 par. In accordance with the principles of impartiality, objectivity and demonstration of utmost care, these steps must be clearly documented and carried out in accordance with the principles of impartiality, objectivity and demonstration. The documentation of those activities shall be attached to the examination of the examination.
6. At the initiation of the verification procedure, the following shall be notified:
1) the head of the organizational unit or the person entitled to the lineup of the post;
2) a security attorney in the organizational unit;
3) a checked person.
7. Upon receipt of the notification referred to in paragraph. 6, the head of the business unit or the person entitled to the position of the position shall prevent the person from being checked access to classified information.
(8) The provisions of Article 8 shall apply to the examination of the examination procedure. 24 ust. 1-5 and 9, art. 25-27, art. 30, art. 31 par. 1 (1) and (4) and (4) 2.
(9) All operations carried out in the course of the examination of the examination proceedings must be reliably documented and shall be completed within six months of the date of initiation of the proceedings.
(10) In particular justified cases of failure to review the examination procedure within the time limit referred to in paragraph 1. 9, the body conducting the proceedings shall extend it once for another 6 months, by notifying the persons referred to in paragraph. 6.
11. The verification checks shall end:
1. the decision to withdraw the security clearance;
2) inform the persons mentioned in the mouth. 6 o lack of reservations in relation to the person who has been subject to the review investigation, while confirming further its ability to remain secret to the extent specified in the security attestation that it has possessed;
3) a decision to cancel the proceedings, where the proceedings are not completed before the expiry of the 12 months from the date of its initiation.
12. The President of the Council of Ministers shall determine, by means of a regulation, the model of the decision to withdraw the security clearance.
13. In the Regulation referred to in paragraph. 12, the President of the Council of Ministers will take into account in the model decisions the elements specified in art. 30 par. 3 paragraphs 1 and 3 to 9, and shall ensure that the decisions of ABW, the SKW, the services and the institutions referred to in the Article are diversified. 23 (1) 5 and the security agents.
Article 34. [ Restrictions on conduct of the examination] 1. No examination shall be carried out if the person to whom it is to be concerned will present a security clearance appropriate to the required classification level, except for the security clearance issued as a result of carrying out the examination proceedings referred to in Article 23 (1) 5.
2. On employment in a post with which access to classified information of the person referred to in the paragraph may be combined. 1, representing the relevant security clearance, the head of the business unit shall inform within 7 days the authority that issued the security clearance, and ABW or SKW respectively.
3. From the obligation set out in the mouth. 2 shall be exempt managers of the bodies of the entities referred to in art. 23 (1) 5.
4. If from ratified by the Republic of Poland international agreements the obligation of admission to information of classified foreign citizens of states to perform in the Republic of Poland is obliged to work in the interest of another country or organization For the international investigation procedure, no verification procedure is carried out
5. The heads of the Chancellery of the President of the Republic of Poland, the Chancellery of the Sejm, the Chancellery of the Senate or the Chancellery of the Prime Minister or the Minister responsible for a specific department of the government administration, President of the National Bank of Poland, President The Supreme Chamber of Control or the Head of the Central Office, and in the absence of ABW or SKW, may:
1) in particularly justified cases, subject to art. 4 par. 2, express written consent for the one-time release of specified classified information to a person without adequate security attestation;
2) express written consent to provide classified information of the "secret" or "top secret" clause to the person against whom the widened examination proceedings have been initiated.
6. In the Extraordinary States of the President of the Republic of Poland or the President of the Council of Ministers, everyone in their scope may consent to the waiver of conducting the examination procedure.
7. In the cases referred to in paragraph. 5 and 6, a copy of the consent to provide classified information or to withdraw from the examination procedure shall be transmitted to ABW or SKW respectively.
8. The obligation referred to in paragraph. 7, does not concern the services and institutions authorised to carry out the extended examination proceedings referred to in Article 23 (1) 5.
9. I agree to provide classified information about the "confidential" clause to the person to whom the examination has been initiated, may express, in writing, the manager of the organizational unit in which that person is employed, fully service or performs Requested actions.
10. The verification shall not be carried out, subject to paragraph. 11-13, with:
1) the President of the Republic of Poland and the person elected to this office;
2) the Marshal of the Sejm;
3) The Marshal of the Senate;
4) the President of the Council of Ministers;
5) member of the Council of Ministers;
6) the President of the National Bank of Poland;
7) The President Of The Supreme Chamber Of Control;
(8) the Ombudsman;
9) General Inspector of Personal Data Protection;
10) a member of the Monetary Policy Council;
11) a member of the National Council of Radio Broadcasting and Television;
12) the President of the Institute of National Memory-the Committee for the Prosecuting of Crimes against the Polish Nation;
13) Head of the Chancellery: The President of the Republic of Poland, the Sejm, the Senate and the President of the Council of Ministers;
14) a Member and a senator;
15) [ 1] the judge of the general court and the military court, the Supreme Court, the administrative courts and the Supreme Administrative Court, as well as the Court of State and the Constitutional Tribunal, the court asesor, the general court bench and the military court's juror, and Prosecutor and the prosecutor's office as prosecutors.
11. In relation to persons occupying or candidates for posts or performing the functions referred to in paragraph 1. 10 points 5 to 15, applying for access to classified information of international organizations or for access, which is due to result from an international agreement concluded by the Republic of Poland, ABW or SKW, carry out a widened examination procedure. The person entitled to the conduct of the proceedings or the Marshal of the Sejm in relation to the Members or the Marshal of the Senate in relation to the Senators, or if he is entitled to the appointment of the Sejm or the Marshal of the Sejm, shall be requested to carry out this procedure. the appointment is entitled to the Senate.
12. In relation to the candidates for the positions referred to in paragraph. In the case of Members or senators whose duties or senators require access to classified information classified as 'top secret', ABW shall carry out a widened examination procedure. The person entitled to the conduct of the proceedings or the Marshal of the Sejm in relation to the Members or the Marshal of the Senate in relation to the Senators, or if he is entitled to the appointment of the Sejm or the Marshal of the Sejm, shall be requested to carry out this procedure. the appointment is entitled to the Senate.
13. The examination procedure referred to in paragraph 1. 12, in relation to the candidate persons for the posts referred to in paragraph. 10 points 6 to 13, should be completed before the expiry of 14 days from the date of submission of the request for the conduct of this proceeding together with the completed survey referred to in art. 24 ust. 10.
14. In the event of termination of the examination conducted at the request of the Marshal of the Sejm or the Marshal of the Senate by a decision to refuse the issue of security clearance. The President of the Council of Ministers shall provide information on the grounds of this decision respectively to the Marshal of the Sejm or the Marshal of the Senate.
15. The President of the Republic of Poland, the President of the Council of Ministers and the Marshal of the Sejm and the Marshal of the Senate shall become acquainted with the provisions on the protection of classified information and shall make a statement of knowledge of these provisions. The declaration shall be kept in the Chancellery of the President of the Republic of Poland, the President of the Council of Ministers, the Sejm or the Senate.
Chapter 6
Appeals and complaints, resumption of proceedings
Article 35. [ References to security attestas] 1. From the decision to refuse to issue the security clearance, to withdraw the security clearance or to remit the examination or check of the examination procedure issued by the entity referred to in art. 23 (1) 2 and 5, the person checked is entitled to the President of the Council of Ministers. The appeal shall not be justified.
2. The appeal shall be lodged within 14 days from the date of service to the person of the examination of the decision referred to in paragraph. 1, through the entity which carried out the examination and/or checking of the examination procedure.
3. The subject referred to in art. 23 (1) 2 and 5, shall be obliged to send the appeal together with the acts of the examination or control proceedings of the examination of the President of the Council of Ministers within 14 days from the date on which he received the appeal.
4. The cancellation shall take place not later than within 3 months from the date of its receipt.
5. The appeal of the appeal shall not suspend the execution of the decision.
Article 36. [ Reference decisions] 1. The President of the Council of Ministers states, by means of the order:
1. inadmissibility of appeal;
(2) failure to comply with the time limit for bringing an appeal.
2. The determination on this matter shall be final and shall include in particular:
1. designation of the authority;
2. date of issue;
3) identification of the person checked;
4. establishment of the legal basis;
5) the settlement and the factual and legal justification;
6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;
7. the signature, stating the name and position of the official, the person authorized to issue it.
3. The President of the Council of Ministers may, at the request of the person checked or ex officio, instruct the competent body to carry out additional activities, including specialised studies referred to in art. 26 par. 6, in order to supplement the evidence and materials in the examination or control proceedings of the examination. In the case where the request for additional operations concerns the re-execution of specialised studies, those tests should be carried out by a different specialist than the tests carried out in the framework of the examination procedure the end of the decision at which the appeal is considered.
4. The President of the Council of Ministers shall issue a decision, in which:
1) maintain in force the decision of the entity which carried out the examination and/or checking of the examination procedure;
2) repeal the decision of the entity which carried out the audit proceedings to verify the completed withholding of security attestament;
3) repeal the decision of the entity which carried out the examination, and instructs it to issue the security certificate;
4) repeal the decision of the entity which carried out the examination or control investigation and forward the case for reconsideration;
5) state the validity of the decision of the entity which carried out the examination and/or checking of the examination procedure.
5. The decision shall include in particular:
1. designation of the authority;
2. date of issue;
3) identification of the person checked;
4. establishment of the legal basis;
5) the settlement and the factual and legal justification;
6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;
7. the signature, stating the name and official position of the person authorised to issue it.
6. After the adoption of the decision or order, the President of the Council of Ministers shall immediately return to the competent body the file of the examination or review investigation procedure.
7. Decisions and orders shall be served in writing to the person to be checked and to the competent body, by notifying the decision or by decision of the person entitled to the position of the position.
8. To the proceedings of appeal, the provisions of Article 4 27, art. 30 par. 4 and Art. 31 shall apply mutatis mutandis.
Article 37. [ Appeals procedure] 1. From the decision of the Plenipotentiary to refuse to issue a security clearance, to withdraw the security clearance, or to cancel the examination or check of the examination procedure, as a result of the ordinary the verifier shall serve, with the exception of the investigations conducted in accordance with Article 4 (1) of the Rules of Procedure. 23 (1) 5, the appeal respectively to the Head of the ABW or the Head of the SKW.
2. The provisions of the Act concerning the appeal proceedings conducted before the President of the Council of Ministers shall be applied to the appeal proceedings conducted before the Head of ABW or Head of the SKW, subject to the paragraph. 3.
3. The reference to the Head of the ABW or the Head of the SKW shall be made by means of a security attorney, who carried out the examination and/or checking of the examination procedure.
Article 38. [ The complaint to the administrative court] 1. An examination shall be brought to the administrative court against the decision or order of the appeal body within 30 days of the date of service.
2. The administrative court adjudicates the complaint at a secret meeting.
3. A copy of the operative part of the sentence shall be served only by the competent appeal body. A copy of the judgment shall be served on the applicant and the person entitled to the cast of office.
4. Following the judgment of the judgment, the administrative court shall immediately return the file of the examination proceedings or the checking of the examination procedure.
5. The application shall apply mutatis mutandis to the cassation complaint. 2 and 3.
Article 39. [ Reopening of the examination procedure] 1. President of the Council of Ministers, agents of protection or entities mentioned in art. 23 (1) 2 and 5 shall resume the examination or review investigation procedure, which shall be completed by a final decision, whether or not a security clearance has been withdrawn, where the decision has been issued only in connection with the the presentation to the person of a verified plea of a criminal offence, an indictment or conviction for a deliberate offence, prosecuted against public prosecution or a deliberate treasury offence, and the criminal proceedings have been subsequently decommitted or acquitted by the person to be checked.
2. The resumption of proceedings shall take place at the office or at the request of the person checked.
3. An application for the reopening of proceedings shall be lodged with the entity which issued the decision in the first instance, within 30 days from the day on which the person checked to find out the circumstances giving rise to the resumption of the proceedings.
4. The examination of the application shall take place no later than within 3 months from the date of its receipt.
(5) The party responsible for the resumption of the procedure shall, by way of order, determine the failure to comply with the time limit in order to apply for the reopening.
6. The attitude referred to in paragraph 1 5, is final and should contain:
1) the designation of the entity;
2. date of issue;
3) identification of the person checked;
4. establishment of the legal basis;
5) the settlement and the factual and legal justification;
6) instructing the admissibility and the time limit for bringing a complaint to the administrative court;
7. the signature, stating the name and official position of the person authorised to issue it.
7. The reopening of proceedings shall take place by way of order.
(8) The determination shall be the basis for the conduct of the proceedings by the competent body as to the reasons for the resumption and the resolution of the substance of the
(9) Refusal of the resumption of proceedings shall be made by decision.
Article 40. [ To be carried out following the reopening of the examination procedure] Authority or body referred to in Article 39 (1) 1, following the procedure laid down in Article 4 (1), 39 (1) 8 shall issue a decision in which:
1) refuses to repeal the decision refusing to issue or withdraw the security clearance if it finds that there are no grounds for its repeal on the basis of art. 39 (1) 1;
2) refuses to repeal the decision to maintain in force the decision to refuse the issue or to withdraw the security clearance if it finds that there are no grounds for its repeal on the basis of art. 39 (1) 1;
3) repeals the decision to refuse to issue the security certificate if it determines the existence of the grounds for its repeal on the basis of art. 39 (1) 1, and issue a new decision on the substance of the matter;
4) repeals the decision to maintain in force the decision to refuse to issue the security clearance and the preceding decision to refuse to issue a certificate if it determines the existence of the grounds for its repeal on the basis of art. 39 (1) 1, and submit the case for reconsideration;
5) repeals the decision to withdraw the security certificate if it determines the existence of grounds for its repeal on the basis of art. 39 (1) 1;
6) repeals the decision to maintain the security clearance decision and the decision to withdraw the security clearance before it has been decided by the decision to withdraw the security clearance, if it finds grounds for its repeal on the basis of art. 39 (1) 1.
Article 41. [ Appeals against refusing to reopen the procedure] 1. From the decision to refuse the resumption of the proceedings referred to in art. 23 (1) 2-5, and from the decision to refuse to revoke the decision issued in the course of the proceedings referred to in Article 23 (1) 2-5, a checked person shall be entitled to the President of the Council of Ministers.
2. From the decision of the security attorney to refuse the resumption of proceedings referred to in art. 23 (1) 1 and Art. 60 par. 2, and from the decision of the protection representative of the refusal to revoke the decision issued in the course of the proceedings referred to in art. 23 (1) 1 and Art. 60 par. 2, the checked person shall be entitled to the Head of the ABW or the SKW Head respectively.
3. From the decision of the Prime Minister to refuse the resumption of the proceedings referred to in art. 35, and from the decision of the Prime Minister to refuse to repeal the decision issued as a result of the proceedings referred to in art. 35, there is no appeal, however, a person checked dissatisfied with the decision may request the President of the Council of Ministers to reconsider the case.
4. From the decision of the Head of the ABW or the SKW boss about refusing to resume the proceedings referred to in art. 37, and from the decision of the Head of the ABW or the SKW to refuse to repeal the decision issued in the course of the proceedings referred to in Art. 37, there is no appeal, however, a person who is not satisfied with the decision may request the Head of the ABW or the SKW to reconsider the case, as appropriate.
Chapter 7
Office secret. Physical security measures
Article 42. [ The creation of a secret law firm] 1. The head of the organizational unit, in which classified information is processed with the "secret" or "top secret" clause, creates a law firm, hereinafter referred to as the "secret law firm", and employs its manager.
2. In the case of legitimate organisational considerations, the head of the business unit may create more than one secret firm.
3. In justified cases, with the consent of ABW or SKW respectively, you can create a secret law firm serving two or more organizational units. The subordination, the lineup and the rules of financing such a law firm will be determined by the relevant managers of the organizational units.
4. Secret Kancelaria constitutes an isolated organizational cell, in the scope of protection of classified information subordinate to the security representative, served by the employees of the security vertical, responsible for proper recording, storage, circulation and issue of materials to authorized persons.
5. The head of the business unit can consent to the processing of classified information in the law firm with the "confidential" or "reserved" clause.
6. The head of the business unit shall inform ABW or SKW, respectively, about the creation or liquidation of the secret law firm, with the determination of the classification of classified information processed in it.
Article 43. [ Organisation of the work of the law firm] 1. The organization of the work of the secret office shall ensure the possibility of establishing in all circumstances, where the material of the "secret" or "top secret" clause is located, remaining at the disposal of the organizational unit and who with this material acquainted with it.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the organisation of work other than the secret office of the cells in which the material of the 'confidential' clause is recorded.
3. The head of the organizational unit approves, the manner developed by the security attorney and the mode of processing classified information about the "confidential" clause in the subordinate organizational cells.
4. The head of the organizational unit, in which classified information is processed with the "confidential" or higher clause, approves the documentation of the protection agent setting out the level of threats associated with unauthorised access to classified information or loss thereof.
5. The head of the organizational unit approves, elaborated by the security attorney, the instruction on how and mode of processing classified information about the "reserved" clause in the subordinate organizational cells and the scope and conditions the use of physical security measures to protect them.
6. The secret Kancelaria or the cell referred to in paragraph. 2, refuses to make available or issue material to an unauthorised person.
Article 44. [ Other organizational cells] 1. In the organizational units referred to in art. 47 para. 3, it is permissible to organize other than law firm secret organizational cells responsible for the processing of classified materials. In duly justified cases, the duties of the protection agent, excluding the conduct of investigations, may take over the head of that organisational cell.
2. To the organizational cells referred to in the paragraph. 1, the provisions of art. 46 shall apply mutatis mutandis.
Article 45. [ Physical Security Measures] 1. The organisational units in which classified information is processed shall apply physical security measures appropriate to the level of threats in order to prevent unauthorised persons from access to such information, in particular protecting against:
1) the operation of foreign special services;
2) terrorist attack or sabotage;
3) theft or destruction of the material;
4) an attempt to enter persons not entitled to the premises where classified information is processed;
5) unauthorised access to information of a higher classification level not resulting from the possessment of the privileges.
2. The scope of application of physical security measures depends on the level of threats associated with unauthorised access to classified information or loss thereof.
3. In determining the level of threats referred to in paragraph. 2, account shall be taken in particular of the risks involved, the classification level and the number of classified information. In justified cases, the indications of ABW or SKW shall be taken into account when determining the level of risk.
Article 46. [ Actions to prevent access to classified information] In order to prevent unauthorised access to classified information of a "confidential" or higher clause, it shall, in particular, be:
1) organize protection zones;
2) introduce a system of inspection of the entrances and exits from the protection zones;
3) specify the privileges to be present in the protection zones;
4. use equipment and facilities for the protection of classified information which have been awarded the certificates.
Article 47. [ Delegations] 1. The Council of Ministers shall determine by way of regulation:
1. the basic criteria and means of determining the level of hazards and the selection of physical security measures appropriate to the level of hazard indicated;
2) the requirements for the organization and functioning of the secret law firm;
(3) the risks to be taken into account in determining the level of risk;
4) basic elements, which should include a plan for the protection of classified information;
5) the scope of application of physical security measures;
6. criteria for the creation of protection zones;
7) the organizational structure of the secret law firm, taking into account the possibility of creating its branches;
8) the basic tasks of the Chancellery Manager;
9) the manner and mode of processing of classified information;
10) the model of the card acquaying the document;
11) records of the records of the records.
2. In the Regulation referred to in paragraph. 1, the Council of Ministers will take into account the need to rationalise the outlays incurred by the organizational units in terms of creating a system of security of physical classified information, in accordance with the principles set out in the Act.
3. [ 2] Ministers competent for internal affairs, informatization, public administration, foreign affairs, public finance, budget and financial institutions, Minister of National Defence, Minister of Justice, President of the National Bank of Poland, President of the Supreme Chamber of Control, First President of the Supreme Court, Prosecutor General, Head of the Chancellery of the President of the Republic of Poland, the Sejm, the Senate, and the President of the Council of Ministers, Head of the Internal Security Agency, Head of the Intelligence Agency, Head of Military Contrintelligence Service, Head of the Intelligence Service Military, Head of the Central Anti-Corruption Bureau, Chief of the Police Chief, Chief of the Main Border Guard, Head of the Government Protection Bureau, as well as President of the Institute of National Remembrance-Commission of the Prosecution of Crimes against the Polish Nation, will determine, in by order of management, each in respect of its activities, the particular way of organisation and functioning of the secret chambers and of the organizational cells referred to in art. 44 par. 1, the manner and mode of processing of classified information and the selection and application of physical security measures.
4. The Minister for Culture and Protection of the National Heritage shall determine, by order, for state archives the specific manner and mode of processing of classified information constituting the archival resource of these archives, selection and the application of physical security measures and the organisation of organizational cells responsible for the processing of classified materials.
5. The President of the Council of Ministers shall determine by way of regulation:
1) the mode and manner of the transmission, reception, transportation, rendition and protection of materials;
2. the way in which the consignors of the consignments contain classified information and the requirements to be fulfilled by those consignments;
3) the conduct of the entities which carry out the tasks of transporters of these materials, with consignments containing classified information;
4) the manner of documenting the acceptance by the carriers of the consignments and their issuing of the addressees, together with the annexes in the form of models of the necessary forms;
5) the conditions of protection and means of securing the shipments by the carrier and the conditions which must be fulfilled by the means of transport used by it and participating in the convoys of the person;
6) how to proceed in the event of unforeseen circumstances liable to affect the safety of the consignment;
7) conditions of the transport of materials outside the borders of the Republic of Poland.
6. In the Regulation referred to in paragraph. 5, the President of the Council of Ministers will take into account the need to protect the materials against unauthorised disclosure, loss, damage or destruction, and specific protection conditions due to the size or nature of the material.
Chapter 8
Teleinformatic security
Article 48. [ Accreditation certificate for the security of the IT system] 1. The information and communication systems in which classified information is to be processed shall be subject to the accreditation of the security of the computer.
2. Accreditation referred to in the paragraph. 1, shall be granted for a fixed period of not more than 5 years.
3. ABW or SKW shall grant the IT security accreditation for the IT system intended for processing classified information with a "confidential" or higher clause.
4. ABW or SKW shall grant or refuse to grant the accreditation referred to in paragraph 1. 3, within 6 months of receipt of the complete documentation of the security of the IT system. In justified cases, in particular arising from the extent of the system and the extent of its complexity, this period may be extended by a further 6 months. The refusal to grant accreditation shall not be used.
5. An acknowledgement by ABW or SKW of the accreditation referred to in paragraph. 3, is a certificate of security accreditation of the IT system.
6. The certificate referred to in paragraph. 5, it appears on the basis of:
1) approved by ABW or SKW the documentation of the security of the IT system;
2) the results of the audit of the security of the IT system conducted by ABW or SKW.
7. The certificate referred to in paragraph. 5, it shall contain:
1. designation of the authority;
2. date of issue;
3) the designation of the applicant for his/her application;
4) an indication of the subject subject to the security accreditation of the ICT system;
5. establishment of the legal basis;
6) the settlement and the factual and legal justification;
7) indication of the period of validity of the certificate
8. the signature, giving the name and position of the person authorized to issue it.
8. ABW or SKW may refrain from carrying out an audit of the security of the ICT system referred to in paragraph. Article 6 (2), if the system is intended to process classified information with a 'confidential' clause.
9. The head of the organizational unit grants the accreditation of the IT security for the IT system intended for processing classified information about the clause "reserved" by the approval of the security documentation the ICT system.
10. Where the system referred to in paragraph 1 9, it will function in more than one organisational unit, the accreditation referred to in the paragraph. 9, gives the head of the system organizing the system.
11. Within 30 days of the granting of the IT security accreditation referred to in paragraph. 9, the head of the business unit shall provide ABW or SKW, respectively, of the security documentation of the IT system.
12. Within 30 days of receiving the security documentation of the ICT system ABW or SKW may present to the manager of the organizational unit, which has granted the accreditation of the IT security, recommendations on necessity to carry out additional tasks related to the security of classified information. The head of the business unit shall, within 30 days of receipt of the recommendation, inform ABW or SKW respectively about the implementation of the recommendations. In particularly justified cases, ABW or SKW may order the processing of classified information to be withheld in a telecommunications system which has an accreditation of a IT security.
13. The President of the Council of Ministers shall determine, by means of a regulation, the model of the security accreditation certificate of the IT system.
14. In the Regulation referred to in paragraph. 13, the President of the Council of Ministers shall include in the model certificate the scope of the data referred to in paragraph. 7 and ensure that the model certificates issued by ABW and SKW are diversified.
Article 49. [ Content of the specific security requirements of the IT system] 1. The document of the specific requirements of the security of the ICT system should include in particular the results of the process of assessing the risk for the security of classified information processed in the ICT system and determine the adopted in the risk management framework of achieving and maintaining an adequate level of system security, and describing aspects of its construction, operating and operation principles that are related to or affect the safety of the system safety. The mileage and results of the risk assessment process may be presented in a separate document than the specific safety requirements document.
2. The document of specific safety requirements shall be developed at the design stage, if necessary consult ABW or SKW, keep up to date at the stage of implementation and modify during the operation stage before making changes to the system IT.
3. A document of safe operation procedures shall be developed at the stage of implementation and shall be modified during the operational phase before the changes are made to the IT system.
4. The basis for making any changes in the IT system is to carry out the process of estimating the risk for the security of classified information processed on this system.
5. The head of the organizational unit in which the IT system will operate shall be responsible for the development and transmission of ABW or SKW, respectively, of the security documentation of the IT system, subject to the art. 48 (1) 9.
6. In the event that the ICT system will operate in more than one organisational unit, the security documentation of the IT system shall be the responsibility of the unit manager for the development and transmission of ABW or SKW, respectively. arranging the system.
7. The Head of Business Unit shall accept the results of the risk assessment process for the security of classified information and shall be responsible for the appropriate security organisation of the IT security.
8. Within 30 days of receipt of the security documentation of the IT system intended for processing classified information of the "confidential" or higher ABW or SKW clause, it shall carry out an assessment of the security of this system on its basis. The positive outcome of the assessment is the basis for approval by ABW or SKW of the security documentation of the IT system. In justified cases, in particular due to the degree of complexity of the system, the time limit for conducting the assessment may be extended for a further 30 days.
9. The President of the Council of Ministers will determine, by way of regulation, the basic requirements of the IT security, which should correspond to the IT systems, the necessary data to be included in the documentation of the systems security Information and development of this documentation.
10. In the regulation referred to in paragraph. 9, the President of the Council of Ministers will take into account in particular the risk management requirements and the provision of confidentiality, integrity and availability of classified information processed in ICTs.
Article 50. [ Device Certifications] 1. Electromagnetic protection measures designed to protect classified information of a "confidential" or higher classification shall be subject to the examination and safety assessment of the certification carried out by ABW or SKW.
2. Crypto devices and cryptography tools for the protection of classified information shall be subject to testing and safety assessment in the framework of the certification conducted by ABW or SKW.
3. ABW or SKW, at the request of the party concerned, shall carry out the certification of the device or a tool for the implementation of the IT security, intended for the protection of classified information.
4. Positive results of safety assessments obtained on the basis of the results of the examinations carried out within the certification referred to in paragraph. 1-3, they form the basis for the issuance by ABW or SKW of an electromagnetic protection certificate, a cryptographic protection certificate or a telecommunication security certificate. Certificates shall be issued, depending on the results of safety assessments, for a period of not less than 3 years. No reference is used since the certificate is denied.
5. The certificates referred to in paragraph. 1-3, are carried out by ABW or SKW with the omission of the property referred to in art. 10 para. 2 and 3.
6. The Head of ABW or the Head of the SKW may instruct an external entity to examine the device or tool for the protection of classified information, on the terms, conditions and within the scope of which they are defined.
7. Without the need to carry out tests and assessments, the Head of ABW or the Head of the SKW may allow for use in a telecommunications system intended for the processing of classified information about the "restricted" clause of a device or cryptographic tool, if they have received an appropriate certificate issued by the national security authority of a Member State of NATO or of the European Union or other authorised authority in NATO or in the European Union.
Article 51. [ Schemes exempted from the accreditation obligation] 1. The accreditation procedure referred to in Article 1 48 (1) 1, they shall not be subject to the information and communication systems located outside the protection zones, and for the purpose of the direct acquisition and transmission of information and the recording of evidence in the course of the operational and surveillance activities, or to the parties entitled to do so. The exclusion of the accreditation obligation does not cover the interfaces referred to in art. 179 (1) 4a of the Act of 16 July 2004. -Telecommunications law (Dz. U. Nr. 171, pos. 1800, with late. 1. 11) ), as well as systems cooperating with them.
2. The obligation of accreditation referred to in art. 48 (1) 1, and security studies and assessments in the framework of the certification processes conducted by ABW or SKW shall not be subject to the information technology systems, equipment or cryptographic tools used by AW or SWW for obtaining or processing classified information during the execution of operational and reconnatal activities outside the borders of the Republic of Poland and the separated positions used exclusively for the reception and processing of this information on the territory of the Republic of Poland.
Article 52. [ Business Unit Manager Tasks] 1. The head of the organizational unit shall designate:
1) the employee or employees of the security vertical acting as the IT security inspector, responsible for the verification and day-to-day control of compliance of the functioning of the ICT system with specific requirements safety and compliance with safe operation procedures;
2) the person or team of persons, who are not part of the IT security officer responsible for the functioning of the ICT system and for complying with the security rules and requirements provided for the system (hereinafter referred to as 'the system administrator').
2. In justified cases, with the consent of ABW or SKW, the system administrator or the IT security inspector may perform tasks in more than one organizational unit on the basis of the agreement of the competent company managers organizational.
3. ABW and SKW provide the managers of the organizational units of the assistance necessary to carry out their tasks, in particular by issuing recommendations in the field of IT security.
4. The posts or functions referred to in paragraph 1. 1, may occupant or perform persons meeting the requirements referred to in art. 16, after the provision of specialist IT security training conducted by ABW or SKW.
5. The costs of the training referred to in paragraph. 4, the cover of an organizational unit in which a trained person is employed, fully served or carried out the work commissioned, subject to the paragraph. 6.
6. The organizational units referred to in art. 1 (1) Article 2 (2), and the Police, do not cover the costs of training carried out by ABW or SKW.
7. The reciprocal rights and obligations of the training entity, the participant of the training referred to in paragraph. 4, and the organizational unit in which the trained person is employed, serve or performs the activities commissioned, determines the contract concluded between this entity, the participant in the training and the organization unit.
Article 53. [ Fees] 1. For carrying out the activities referred to in Art. 48 (1) 3-6 and art. 50 par. 1-4, Tolls are charged.
2. From the fees referred to in paragraph. 1, the organization units which are the budget units are exempt.
3. Entrepreneurs required on the basis of separate laws for the performance of public tasks for defence, state security and security and public order are exempt from the fees for carrying out the activities referred to in art. 48 (1) 3-6, in the case of the security accreditation of the teleinformatics systems necessary for the performance of these tasks.
4. The President of the Council of Ministers shall determine, by way of regulation, the detailed manner and mode of setting the amount and the collection of the fees referred to in paragraph. 1.
5. By issuing the regulation referred to in paragraph 1. 4, account shall be taken of:
1. the total costs incurred in carrying out the operations referred to in Article 3. 48 (1) 3-6 and art. 50 par. 1-4;
2) the amount of the base amount in the form of the amount of the average monthly remuneration in the enterprise sector without payment of the profit prizes in the fourth quarter of the previous year, announced by the President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. with loans and student loans;
3) the amount of the individual fees referred to in the paragraph. 1, which is a multiplicity of the amount of the basic amount, according to the complexity of the operations carried out;
4) the maximum amount of the fees referred to in paragraph. 1, equivalent to the amount not exceeding 100 times the basic amount;
5) the minimum amount of the fees referred to in paragraph. 1, equivalent to 0.1 of the basic amount, per hour of work of the person performing the specified activities;
6. the need for a swift and rapid process of setting and collecting the fees referred to in paragraph. 1.
Chapter 9
Industrial security
Article 54. [ Ability to protect classified information] 1. The condition of access of the trader to classified information in connection with the execution of contracts or tasks resulting from the provisions of the law, hereinafter referred to as "contracts", is the ability to protect classified information.
2. A document confirming the ability to protect classified information of a "confidential" clause or a higher one is a certificate of industrial safety, hereinafter referred to as a "certificate", issued by ABW or SKW after the conduct of security proceedings industrial.
3. In the case of an entrepreneur performing an activity one person and personally the ability to protect classified information confirms the security clearance authorizing access to classified information of a classification of "confidential" or higher, issued by ABW or SKW, and a certificate of the provision of classified information protection issued by ABW or SKW.
4. The provision of the paragraph. 3 shall not apply if the obligation to obtain the certificate is a result of the international agreement ratified by the Republic of Poland or the internal law of the party containing the contract.
5. To the entrepreneur referred to in the paragraph. 3, the provisions of this Chapter shall not apply, with the exception of Article 3. 60 and Art. 61 (1) 1 in the part concerning the examination proceedings.
6. The provisions of the paragraph. 1-5 shall also apply to economic operators who are subcontractors of contracts where they are involved in the access to classified information.
7. Heads of the Chancellery of the President of the Republic of Poland, the Sejm, the Senate or the President of the Council of Ministers or the minister competent for a specific department of the government administration, the President of the National Bank of Poland or the Head of the Central Office, and in the case their absence-the Head of ABW or the Head of the SKW, may give written consent to provide classified information with a 'confidential' clause or to a higher operator against whom industrial security or verification proceedings have been initiated. A certified copy of the consent shall be transmitted to ABW or SKW respectively.
8. In particularly justified cases, the entities referred to in paragraph. 7, may express written consent for the one-off provision of specified classified information to the non-holder of the relevant certificate or security certificate in the case of the entrepreneur referred to in the paragraph. 3 and for which industrial safety is not carried out or the investigation procedure is not carried out.
9. In the event that an entrepreneur intends to execute contracts related to access to classified information about the "restricted" clause, the certificate is not required.
10. Entrepreneur referred to in paragraph 9, is required to meet the requirements of the Act on the protection of classified information of the "restricted" clause, except for the requirement of employment of a security attorney, if it executes a contract related to access to this information, excluding the possibility of their processing in the objects that it is using.
Article 55. [ Certificate confirming the ability to protect classified information] 1. Depending on the degree of ability to protect classified information with a "confidential" or higher clause, the certificate shall be issued as follows:
1) the first degree-confirming the entrepreneur's full ability to protect this information;
2) a second degree-confirming the entrepreneur's ability to protect this information, excluding the possibility of their processing in their own information and communication systems;
3) a third degree-confirming the entrepreneur's ability to protect this information, excluding the possibility of their processing in the facilities used by him.
2. Certificate confirming the ability to protect classified information about the clause:
1. "Top Secret" confirms the ability to protect classified information about the clause:
(a) "top secret" shall, for a period of five years from the date of issue,
(b) "secret" shall, for a period of seven years from the date of issue,
(c) "confidential"-for a period of 10 years from the date of issue;
2. "secret" confirms the ability to protect classified information about the clause:
(a) "secret" shall, for a period of seven years from the date of issue,
(b) "confidential" shall, for a period of 10 years from the date of issue;
3. "confidential" shall confirm the ability to protect classified information of this clause for a period of 10 years from the date of issue.
3. ABW or SKW shall issue separate certificates confirming the ability to protect classified information with a foreign clause equivalent to the "secret" or "confidential" clause, used by international organizations. The provisions of the paragraph 2 shall apply mutatis mutandis.
4. The certificate shall cease if:
1. the period of validity referred to in paragraph 1 has expired. 2;
2) the entrepreneur has renounced the powers specified in the certificate;
3) the entrepreneur was taken over by another entity or liquidated.
Article 56. [ Industrial security procedure] 1. Industrial security proceedings shall be carried out at the request of the entrepreneur. The request does not require a justification.
2. In the application, the entrepreneur determines the degree of certificate and the classification of classified information, the ability of which to be protected is to confirm the certificate.
3. The entrepreneur's application shall include an industrial safety questionnaire, hereinafter referred to as a "questionnaire", and a survey or a copy of the security attestats of the persons referred to in art. 57 (1) 3.
4. ABW or SKW may call on the entrepreneur to supplement the formal deficiencies in the application and its annexes within 30 days from the date of receipt of the call, under the rigorous leave of the application without consideration.
Article 57. [ The scope of industrial security proceedings] 1. Industrial security proceedings shall include the examination of the entrepreneur and the proceedings to check the persons mentioned in the mouth. 3.
2. The examination of the entrepreneur, including on the basis of the data contained in the registers, records, records, also unavailable universally, includes:
1) the structure of capital and the capital associations of the entrepreneur, the sources of origin of funds and the financial situation;
2. organisational structure;
3) a system of protection of classified information, including physical security measures;
4. all persons forming part of the governing bodies, control bodies and persons acting under their authority;
5) in particularly justified cases of persons with security attestative.
3. In the course of industrial security proceedings and during the period of validity of the certificate, investigations shall be carried out against persons who do not have adequate security certificates or subsequent enquiring proceedings against:
1) the entrepreneur's manager;
2. a security representative and his deputy;
3) persons employed in the security vertical;
4) the administrator of the telecommunicating system;
5. the other persons indicated in the questionnaire, which should have access to classified information.
4. In relation to the persons referred to in paragraph. 3 points 1 to 4, the relevant security clearance means a certificate authorising access to classified information which is not lower than that indicated in the trader's application for a certificate.
Article 58. [ Data contained in the questionnaire] 1. The performance of the entrepreneur and the persons mentioned in art. 57 shall be carried out on the basis of the data contained in the questionnaire and other information obtained during the course of the industrial security investigation, in order to assess the ability of the trader to protect classified information.
2. The questionnaire contains:
1) data identifying the entity to be checked, including the determination of its legal status;
2) data on the structure of capital and of the entrepreneur's capital ties;
3) data on the sources of origin of financial resources and the financial situation of the entrepreneur;
4) data on the entrepreneur's organisational structure;
5) data concerning the persons referred to in art. 57 (1) 2 point 4;
6) data on the system of protection of classified information of the entrepreneur, including the applied physical security measures;
7. the list of workers with security credentials entitling them to access classified information;
(8) a list of the staff members who should be subject to the widening of the examination procedure;
9) a list of persons who, on the part of the entrepreneur, perform or will perform functions related to the protection of classified information;
10) signature of the person authorized to submit statements of will on behalf of the entrepreneur.
Article 59. [ End of industrial security investigation] Industrial security shall be completed within a period of not more than six months from the date of submission of all the documents necessary for it to be carried out.
Article 60. [ Actions performed by organizational unit security proxy] 1. In the case of industrial security proceedings conducted in order to issue the certificate referred to in art. 55 par. 1 point 3, the employment of the security representative and the creation of a security vertical shall not be required, except for the application for a certificate confirming the ability to protect classified information with a foreign clause equivalent to the "secret" clause or "confidential", which is used by international organisations.
2. The security attorney for the protection of the organizational unit ordering the execution of the contract, from which the execution of the access to the classified information with the "confidential" clause, may carry out the ordinary examination and information protection training implicit in respect of the persons referred to in Article 57 (1) 3 point 5 in the case of industrial security proceedings referred to in art. 55 par. 1 point 3. The relevant conclusions of the entrepreneur's manager shall submit to the manager of the organizational unit who contract execution of the contract
Article 61. [ Reimbursement of costs of conduct] 1. For carrying out the examination of the trader and of the investigations of the persons referred to in the Article. 57 (1) 3, with the exception of the examination proceedings referred to in art. 32 par. 4 and art. 33 (1) 1, ABW or SKW shall be entitled to reimbursement of the flat-rate cost of carrying out the tasks of the operator's checks and of the examination proceedings.
2. The President of the Council of Ministers shall determine, by means of a regulation, the amount of the flat-rate costs referred to in paragraph 1. 1, and the mode of their return, taking into account that the amount of the costs should not exceed 7 times the amount of the average monthly remuneration in the enterprise sector without the disbursements of the profit in the fourth quarter of the previous year, announced by President of the Central Statistical Office on the basis of art. 7 ust. 1 of the Act of 17 July 1998. about loan and student loans.
Article 62. [ Closure of industrial security proceedings] ABW or SKW shall be the subject of an industrial security investigation, including investigations into the persons referred to in Article 4. 57 (1) 3, in the case of:
1) withdrawal by the entrepreneur of the application for the issue of a certificate;
2) the issuance of a decision prohibiting the conduct of an economic activity by the entrepreneur;
3) take over or liquidate the entrepreneur.
Article 63. [ Suspension of industrial security proceedings] 1. ABW or SKW shall suspend or take industrial security proceedings, including investigations of the persons referred to in art. 57 (1) 3, at the request of the trader.
2. ABW or SKW may ex officiate suspend the proceedings of industrial security, including investigations against the persons referred to in Article 57 (1) 3, in the case of:
1) the issue by another body of the decision ordering the entrepreneur to hold the business;
2) the opening of insolvency proceedings against the entrepreneur;
3) not regulating within the period of public-law liabilities;
4) addiction of the result of the assessment of the entrepreneur's ability to protect classified information from the prior settlement of the preliminary issue by another body or court.
3. ABW or SKW shall be taken by the office of an industrial security investigation, including investigations against the persons referred to in art. 57 (1) 3, suspended on the basis of the paragraph. 2, after the reasons for suspension have been established.
Article 64. [ Refusal to issue a certificate] 1. Industrial security proceedings shall end with the issuance by ABW or SKW of the certificate in accordance with the entrepreneur's request or the decision to refuse the issue of the certificate or the decision to discontinue industrial security proceedings.
2. ABW or SKW refuses to issue a certificate, stating the lack of ability to protect classified information, because of:
1) to refuse to issue or revoke the security attestative to the person or persons who hold the position of the entrepreneur's manager;
2) the impossibility of establishing the capital structure and sources of origin of the funds remaining at the entrepreneur's disposal;
3) not to organise, within 6 months from the date of initiation of the proceedings, a comprehensive system of protection of classified information in the case of applying for first or second degree certificates;
4) to withheld data in a questionnaire or to provide untrue data in the questionnaire;
5) provide untrue information about the changes in the data contained in the questionnaire.
3. ABW or SKW may refuse to issue a certificate, stating the lack of ability to protect classified information, because of:
1) disclosure, as a result of the examination of the persons mentioned in art. 57 (1) Article 2 (4), in the course of industrial security, the uncertainable doubts referred to in Article 4 (4). 24 ust. 2 points 1-3 or 5 or in art. 24 ust. 3;
2) non-notification within 30 days of the modification of the data included in the questionnaire during the course of industrial security proceedings.
Article 65. [ Control of the ability to protect classified information from unauthorised disclosure] 1. ABW or SKW, during the period of validity of the certificate, may carry out from the office a check of the entrepreneur in terms of the elements referred to in art. 57 (1) 2, in order to determine whether it has not lost its ability to protect classified information from unauthorised disclosure.
2. In the case when the certificate was issued by ABW, and the entrepreneur implements the contract for the organizational units referred to in art. 1 (1) 2 point 2, SKW-when, in the course of the implementation of the contract, revealed facts indicating the possibility of the entrepreneur loss of the ability to protect classified information-may occur to ABW for the carrying out of the audit referred to in art. 10 para. 1 point 1, or the verification referred to in Article 1 57 (1) 2.
3. In the control referred to in art. 10 para. 1 point 1, or the verification referred to in Article 57 (1) 2 point 3, soldiers and/or SKW officers may participate. Prior to the audit or examination referred to in Article 57 (1) 2 point 3, authorised servicemen or SKW officers may refer to the records of industrial security proceedings in the scope of control or examination.
4. In the case of the issue of the certificate by SKW and the implementation by the entrepreneur of contracts for the benefit of other organizational units than those mentioned in art. 1 (1) Article 2 (2) of the Rules of 2 and 3 shall apply mutatis mutandis to ABW and its officers.
Article 66. [ Withdrawal of the certificate] 1. The results of the examination of the entrepreneur from the office or the establishment of the control of the protection of classified information may give rise to the decision to withdraw the certificate
2. ABW or SKW withdraws the certificate, stating the loss of the ability to protect classified information, because of:
1) to refuse to issue or revoke the security attestative to the person or persons who hold the position of the entrepreneur's manager;
2) the impossibility of establishing the capital structure and sources of origin of the funds remaining at the entrepreneur's disposal;
3) loss of the functionality of the system of protection of classified information;
4) providing non-real data or withheld data in the framework of the transferred ABW or SKW information about changes in the data contained in the questionnaire.
3. ABW or SKW may withdraw the certificate, stating the loss of the ability to protect classified information, because of:
1) disclosure, as a result of the checks of the persons mentioned in art. 57 (1) Article 2 (4), in the course of industrial security, the uncertainable doubts referred to in Article 4 (4). 24 ust. 2 points 1-3 or 5 or in art. 24 ust. 3;
2) failure by the entrepreneur to comply with the obligation referred to in art. 70 par. 1.
4. The withdrawal of the ABW or SKW certificate shall immediately inform the organisational units which have entered into contracts with the trader.
Article 67. [ Content of the refusal or revocation of the certificate] (1) The certificate, the decision to refuse the certificate and the decision to withdraw the certificate shall include:
1. the designation of the authority which issued, refused to issue or withdrew the certificate;
2) an indication of the place and date of the issue;
3) the name of the entity, the address of its registered office, the number in the National Court Register and the REGON number;
4) the legal basis;
5) statement of the issue of the certificate, refusal or withdrawal of the issue;
6) in the case of the issue of the certificate-its degree, the classification clause and the term of validity;
7) the imitation stamp and signature of the authorized officer of ABW or the officer or soldier of SKW.
2. The decision to refuse the issue and the decision to withdraw the certificate shall state the factual and legal reasons and the statement of admissibility and the time limit for the transfer:
1) appeals to the President of the Council of Ministers;
2) complaints to the administrative court.
3. The factual justification in the part containing the classified information shall be protected under the conditions set out in this Act.
Article 68. [ Delegations] 1. The Council of Ministers shall determine, by means of regulations, models:
1) Questionnaire;
2. certificates;
3) a decision not to issue a certificate;
4. the decision to withdraw the certificate.
2. In the Regulation referred to in paragraph. 1, the Council of Ministers will include in the questionnaire the scope of the data referred to in art. 58 par. 2 and its transparency and legibility to the trader, and in relation to the model certificates and decisions will take into account the scope of the data referred to in art. 67 par. 1 and 2 and ensure the diversity of the model certificates and decisions issued by ABW and SKW.
Article 69. [ The appeal against the decision to discontinue industrial security proceedings] 1. From the decision to cancel the industrial security proceedings, the refusal of the issue and the withdrawal of the certificate of the entrepreneur shall be entitled to the President of the Council of Ministers, on whose decision or order shall be entitled to a complaint to the court administrative.
2. The appeal and the complaints referred to in paragraph. 1, the provisions of Article 1 shall apply mutatis mutandis. 35, art. 36 and art. 38.
3. In the case of the issue of a decision prohibiting the conduct by the entrepreneur of an economic activity, taking over or liquidation of the entrepreneur, the President of the Council of Ministers shall appeal proceedings.
Article 70. [ Obligations of the entrepreneur during the course of industrial security proceedings] 1. The entrepreneur, during the course of industrial security proceedings, as well as during the period of validity of the certificate, shall be obliged to inform within 30 days of ABW or SKW respectively about:
1) changes in the data contained in the questionnaire, announcing the bankruptcy, liquidation or dissolution of the organizational unit or other form of termination by it of the activity, termination of the contract and termination of the execution of the contract;
2) the conclusion of an agreement related to access to classified information with a "confidential" or higher clause, with particular reference to the name and address of the organizational unit containing the contract, the subject matter of the contract and the highest classification of information implicit access to which the access will be associated with the performance of the contract, the termination of the contract and the termination of the contract;
3) conclusion of the contract with the subcontractor, related to access to classified information about the "confidential" clause or higher, termination of the said contract and completion of its execution.
2. The entrepreneur, at the time of the implementation of the contract, shall be obliged to inform the person referred to in art without delay. 71 (1) 3, o:
1) changes to the system of protection of classified information;
2) changes of the persons performing the contract;
3) the need for concluding with the subcontractor of the contract related to access to classified information.
3. In cases where the contracting entities are the organisational units referred to in art. 1 (1) Article 2 (2), ABW, after the trader has obtained the information referred to in paragraph 2. 1 point 2, it shall be transmitted to SKW.
4. Where the entity containing the contract is a different organization unit than the one mentioned in the paragraph. 3, SKW after obtaining from the trader the information referred to in the mouth. 1 point 2, it shall be transmitted to ABW.
Article 71. [ Industrial safety manual] 1. An organizational unit containing an agreement relating to access to classified information with a "confidential" or higher clause shall be responsible for the introduction of an industrial safety statement to the contract, specifying:
1) the detailed requirements for the protection of classified information of the "confidential" or higher clause, which will be transferred to the entrepreneur in connection with the performance of the contract, appropriate to the number of such information, the classification classification and the number of persons having to their access;
2) the effects and responsibilities of the contractor of the contract for the non-performance or improper performance of obligations under this Act, as well as failure to comply with the requirements laid down in the industrial safety manual.
2. An industrial safety statement shall specify in particular:
1) the secrecy clauses of individual materials or types of materials which will be manufactured by the entrepreneur in connection with the performance of the contract;
2) the way of dealing with the non-listed materials, which will be transferred to the entrepreneur or made by him in connection with the execution of the contract.
3. The manager of an organizational unit containing an agreement related to access to classified information about the "confidential" or higher clause designates the person responsible for supervising, control and advice on the exercise of the entrepreneur's obligation protection made in connection with the execution of the contract or the classified information provided to it.
4. If, in connection with the performance of the contract, classified information is created, the appropriate security classification shall give the person referred to in art. 6 para. 1, as indicated in the industrial safety statement, and in the absence thereof, after agreement with the person referred to in paragraph. 3.
5. The organizational unit, which has entered into an agreement relating to access to classified information with a "confidential" or higher clause, shall have the following obligation:
1. to inform ABW or SKW accordingly, as appropriate:
(a) the name and address of the trader with whom the contract is concluded,
(b) the contract,
(c) the highest necessary classification of classified information, to which access will be associated with the performance of the contract,
(d) infringement of the provisions on the protection of classified information in the undertaking with which the contract is concluded,
(e) termination of the contract;
2. the immediate transmission of ABW or SKW respectively:
(a) a copy of the industrial safety instructions referred to in paragraph 1. 1,
(b) a copy of the certificate of the operator with which the contract
6. In cases where contracting entities are contracting entities referred to in art. 1 (1) 2 point 2, and the certificate was issued by ABW, the obligation referred to in the paragraph. 5, is also implemented against SKW.
7. Where the entity containing the contract is a different organization unit than the one mentioned in the paragraph. 6, and the certificate was issued by SKW, the obligation referred to in the mouth. 5, is also carried out against ABW.
Chapter 10
Records and records of investigations, inspection investigations and industrial security investigations
Article 72. [ Record provided for inspection] 1. The records of investigations or checks of investigations carried out by the services and institutions entitled to conduct widened investigations and records of industrial security proceedings shall be made available to the Inspection or transfer only on written request:
1) to the court or the prosecutor for the purposes of criminal proceedings;
2. the services and bodies authorized to carry out widened checks for the purpose of the examination of the same person;
(3) to the competent authority in order to check the correctness of the proceedings, excluding the proceedings referred to in Article 3 (2) of the EC 23 (1) 5;
4. to the competent authority for the purpose of examining the appeal or complaint;
5) administrative court in connection with the handling of the complaint.
2. The provision of the paragraph. 1 point 2 shall not apply to the act of investigation or control proceedings of investigations carried out by AW, ABW, SKW or SWW. The file of such proceedings may be made available for inspection solely for the purpose of a verification procedure conducted by the same service to the same person.
3. The record of ordinary investigations and checks of checks may be made available for inspection and transmitted in the cases referred to in paragraph. 1 and for the purposes of the examination or review of the conduct of the examination against the same person.
4. The records of the normal investigations and checks of the examination proceedings may be made available for inspection by the person to be checked, except in respect of third party data.
5. Once the record is used, the records are returned immediately.
6. Upon termination of the examination, the review investigation or the industrial security proceedings, the records of these proceedings shall be kept for at least 20 years, taking into account the provisions of the Act of 14 July 1983. about the national archival resource and archives (Dz. U. 2006 r. Nr 97, pos. 673, of late. 1. 12) ) and implementing acts issued on the basis of:
1) as an isolated part in the archives of the services and institutions which have carried out these proceedings;
2) by a security attorney or in a security vertical-in the case of the act of ordinary investigations and checking of the investigations carried out by that representative.
7. In the event of termination, abolition, liquidation, transformation or reorganization of the organisational unit of the files referred to in paragraph. 6, takes over the legal successor, and in the absence of the legal successor, ABW or SKW.
Article 73. [ Records of persons entitled to access classified information] 1. ABW and SKW keep records of persons entitled under the provisions of the Act for access to classified information of the "confidential" and higher clause and the records of persons who have been refused to issue a security certificate, as well as persons to whom a decision has been taken to withdraw the security attestation, to the exclusion of persons employed, serving or performing tasks outsourced in the entities referred to in Article 4. 23 (1) 5.
2. The data from the records referred to in paragraph. 1, may include only:
1. first name and surname;
2) the PESEL number;
3) the father's name;
4) date and place of birth;
5) the address of the place of residence or stay;
6) the name of the organizational unit;
7) specify the document ending the procedure, the date of issue and the number.
3. The data from the records referred to in paragraph. 1, and the lists referred to in Article 15 para. 1 point 8, shall be made available on a written request only in the cases referred to in Article 4. 72 par. 1 points 1 and 3 to 5, and to the services and institutions eligible for the extension of investigations for the purposes of the examination procedure and for industrial security.
Chapter 11
Amendments to the provisions in force
Article 74. [ Law on cemeteries and Hiding of the Dead] In the Act of 31 January 1959 about cemeteries and the hiding of the dead (Dz. U. 2000 r. No. 23, pos. 295, as of late. 1. 13) ) in Article 11 (1) 7 is replaced by the following
" 7. Physicians shall, for statistical purposes, submit to the competent authorities, for statistical purposes, explanations relating to the fact of death and the cause of death. If the deceased remained during the last illness under medical care, the explanations should also refer to the course of the disease. These explanations are a legally protected secret and can only be used for statistical purposes and in court proceedings. '
Article 75. [ Code of Administrative Procedure] In the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. 1. 14) ) the following amendments shall be made:
1) in art. 74 § 1 is replaced by the following:
" § 1. Article Article 73 shall not apply to the file containing classified information classified as 'secret' or 'top secret', and to other files which the public authority has excluded on account of an important state interest. ';
2. in Art. Point 2 of the second paragraph is replaced by
"(2) persons required to keep secret information secret of the circumstances covered by the secrecy, if they are not in accordance with the prescribed provisions exempted from the obligation to keep this secret,".
Article 76. [ Law on the Marine Chambers] In the Act of 1 December 1961 o marine isbach (Dz. U. 2009 r. Nr 69, pos. 599) in art. 21 (1) 4.
" 4. The authorities of the Navy, Border Guard, Police and military prosecutors in a case pending before the maritime chamber shall not be required to provide information, to provide documents and other data, if this may lead to disclosure classified information. '.
Article 77. [ Civil Procedure Code] In the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. Nr 43, pos. 296, of late. 1. 15) ) the following amendments shall be made:
1) in art. 153 § 1 is replaced by the following:
" § 1. The court of its office shall administer the entire meeting or its parts at the closed doors if the public recognition of the case threatens the public order or morality or, where the circumstances covered by the protection of information may be disclosed, implicit. ';
2. in Art. 248 § 1 is replaced by the following:
" § 1. Each obligation shall be provided on the order of the court at the designated date and place of the document in its possession and providing evidence of the fact of relevance to the resolution of the case, unless the document contains classified information. ';
3) in art. 259 point 2 is replaced by the following:
'(2) military and officials not exempt from the secrecy of classified information classified as' restricted 'or' confidential ', if their testimony is to be accompanied by a breach of such information;'.
Article 78. [ The Act on the General duty to defend the Republic of Poland] In the Act of 21 November 1967. of the universal duty of defence of the Republic of Poland (Dz. U. of 2004 No. 241, item. 2416, of late. 1. 16) ) the following amendments shall be made:
1) in art. 64 par. 5.
" 5. Soldiers in active military service and reserve soldiers who, in connection with the assignment of crisis allocations or mobilization allowances, have or will have access to classified information shall be subject, under the rules laid down in the security regulations. classified information, to the competent examination procedure. The normal verification procedure shall be carried out by the competent military commander of the repleadings, and the extended investigation procedure shall be carried out by the Military Contrintelligence Service at the written request of the commander of the military unit or military commander. complements. ';
2. in Art. 176 (1) 1a is replaced by:
' 1a. The persons referred to in paragraph 1. 1 which have, or may have access to, classified information shall, in accordance with the rules laid down in the provisions on the protection of classified information, be subject to the competent examination procedure. The examination procedure shall be carried out by the Internal Security Agency or the Military Police Intelligence Service, in accordance with the jurisdiction laid down in the provisions on the protection of classified information, at the written request of the Head of the Business Unit for militarisation, to which the organisational and mobilization departments have been assigned. '
Article 79. [ Labour Code] In the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 17) ) in Article 241 4 Paragraph 4 is replaced by the following:
" § 4. The provisions of paragraphs 1 to 3 shall not affect the provision of the protection of classified information. '.
Article 80. [ Act on the Court of State] In the Act of 26 March 1982 o Court of State (Dz. U. of 2002. No. 101, pos. 925, 2003 Nr 175, pos. 1692, 2004 Nr 25, pos. 219 and 2010 Nr 75, poz. 472) the following amendments shall be made:
1) in art. 9a ust. 2.
" 2. In proceedings before the Commission, the person covered by the application, witnesses and experts shall be exempt from the obligation to keep secret information secret. ';
2. in Art. 18 (1) 5.
" 5. In proceedings before the Court of Justice, the defendants, witnesses and experts shall be exempt from the obligation to keep classified information in secret. ';
3. Article 20b is replaced by the following:
" Art. 20b. The exclusion of the public hearing before the Court of State may justify only State security or the protection of classified information with a 'secret' or 'top secret' classification. '.
Article 81. [ The Act on the Rules of Conduct on the territory of the Polish People's Republic of Business in the area of small manufacturing by foreign legal and physical persons] In the Act of 6 July 1982 with the rules of conducting on the territory of the Polish People's Republic of Poland in the field of small manufacturing by foreign legal and physical persons (Dz. U. 1989 r. Nr 27, pos. 148, z późn. 1. 18) ) the following amendments shall be made:
1) in art. 5 in the mouth. 3 point 2 is replaced by the following:
"(2) State security.";
2. in Art. 6 para. 3.
" 3. The competent authority of the State administration may refuse to enter in the authorisation of the name or the name of the representative in respect of the security of the State. '.
Article 82. [ Law on the staff of public offices] In the Act of 16 September 1982 about employees of government offices (Dz. U. of 2001. Nr 86, pos. 953, of late. 1. 19) ) in Article 17 in the mouth. Point 5 shall be replaced by the following:
"(5) rearing the secrecy associated with the performance of duties,".
Article 83. [ The Act on Social Labour Inspectorate] In the Act of 24 June 1983 with a social work inspection (Dz. U. Nr 35, pos. 163, of late. 1. 20) ) in Article 8 ust. 3.
" 3. Perform the activities referred to in paragraph 1. 1 and 2, shall be subject to the provisions for the protection of classified information. '.
Article 84. [ The Act on National Archives and Archives] In the Act of 14 July 1983 about the national archival resource and archives (Dz. U. 2006 r. Nr 97, pos. 673, of late. 1. 21) ) the following amendments shall be made:
1) in art. 5 par. 5.
" 5. The arrangements for determining how the dossier is to be qualified for periods of storage in the Internal Security Agency and in the Intelligence Agency shall be protected in accordance with the provisions for the protection of classified information. ';
2. in Art. 17:
(a) in paragraph. 1a in point 2 (a) b is replaced by the following
"(b) legally protected secrets.",
(b) in paragraph. 3 point 1 is replaced by the following:
"(1) a way of dealing with archival materials containing information constituting a legally protected secret, in particular classified information or personal data to be protected,".
Article 85. [ Press law] In the Act of 26 January 1984 -Press law (Dz. U. Nr 5, pos. 24, with late. 1. 22) ) in Article 14 para. 5.
" 5. The journalist shall not publish the information if the person providing it has reserved it for the sake of professional secrecy. '
Article 86. [ The Act on the State Sanitary Inspection] In the Act of 14 March 1985. o State Sanitary Inspection (Dz. U. 2006 r. No 122, pos. 851, with late. 1. 23) ) art. 29a is replaced by the following:
" Art. 29a. Obtained by the authorities of the State Sanitary Inspectorate during the audit, the information, documents and other data containing the secrecy of the legally protected protected shall not be communicated to other authorities or disclosed, if this is not necessary from the protection of life or human health, excluding the request of a court or a prosecutor in connection with the ongoing proceedings. '
Article 87. [ Inland Fishing Act] In the Act of 18 April 1985. of inland fishing (Dz. U. 2009 r. Nr 189, item. 1471) in art. 23 in point 8 (a) c is replaced by the following
" (c) for flood-floods, vows, dams, for power plants, mills and sawmills, pumping stations and other water-piling devices, with the exception of areas and facilities of the Armed Forces, the Border Guard and the Police, and others, of which specific the purpose is classified as classified information classified as 'secret' or 'top secret'; '.
Article 88. [ Law on the Prosecutor's Office] In the Act of 20 June 1985. o Prosecutor's Office (Dz. U. of 2008 No. 7, pos. 39, z późn. 1. 24) ) the following amendments shall be made:
1) in art. 45 par. 4.
" 4. At the appointment of the prosecutor, he shall make a vow to the Attorney General according to the following rota:
" I vow solemnly in the position of the prosecutor to serve the faithfulness of the Republic of Poland, to uphold the law and to safeguard the rule of law, the duties of my office to fulfil conscientiously, to keep the secret of the law protected, and in the proceedings follow the principles of dignity and honesty "; the resignation may add at the end a phrase:" So help me God ".
The prosecutor appointed for the subsequent office of the prosecutorial vow does not submit. ";
2. in Art. 49a par. 5.
" 5. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the prosecutor, who made the statement, expressed his written consent to their disclosure. In a particularly justified case, the entity authorised, in accordance with the paragraph. 2 or 3, to receive the statement may disclose it in spite of the disagreement of the filing statement. The declaration shall be kept for 6 years. ';
3) in art. 77 par. 1a is replaced by:
' 1a. In order to limit the circle of persons suspected of having committed a transgression containing the marks of a criminal offence, the disclosure of information from criminal proceedings which constitute classified information classified as 'secret' or 'top secret' ombudsman disciplinary, in the course of the preliminary explanation of the circumstances referred to in paragraph. 1, may instruct the expert to apply to the public prosecutor who has access to this information, with his consent, of technical measures to control the unconscious reaction of the person's organism. ".
Article 89. [ Law on the duties and rights of deputies and senators] In the Act of 31 July 1985 on the duties and rights of MPs and senators (Dz. U. of 1991. Nr 18, pos. 79 and 1996 Nr 73, pos. 350) in art. Paragraph 19 shall be repealed. 2 and 3.
Article 90. [ Law on the Ombudsman] In the Act of 15 July 1987 o The Ombudsman (Dz. U. of 2001. No 14, pos. 147 and 2007. Nr 25, pos. 162. The following amendments shall be made as follows:
1. 4.
" Art. 4. Before commencing his duties, the Ombudsman shall make the following oath before the Sejm:
" I vow to solemnness that in carrying out the duties entrusted to me by the duties of the Ombudsman, I will keep the faithful of the Constitution of the Republic of Poland, I will guard the freedom and the rights of man and the citizen, guided by the provisions of law and of the principles of social coexistence and justice. I vow that the duties entrusted to me will be fulfilled impartially, with the utmost conscientiousness and diligence, that I will guard the dignity of the position entrusted to me, and I will keep the secret of a legally protected life. "
The vow may be made with the addition of the sentence "So help me God". ";
2. in Art. 13 (1) 2.
" 2. In the case of classified information classified as 'secret' or 'top secret', the provision of information or the possibility for the Ombudsman to inspect the file shall be subject to the rules and procedures laid down in the provisions for the protection of classified information. '
Article 91. [ Geodetic and cartographic law] In the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2005 No. 240, pos. 2027, with late. 1. 25) ) in Article 7 ust. 2.
" 2. Minister competent for public administration in agreement with the Minister of National Defence will determine, by way of regulation, the types of geodetic and cartographic materials to be protected in accordance with the provisions on information protection implicit, having regard to the need to protect classified information in geodetic and cartographic activities. '
Article 92. [ Police Act] In the Act of 6 April 1990 o Police (Dz. U. 2007 Nr 43, pos. 277, of late. 1. 26) ) the following amendments shall be made:
1) in art. 14 para. 5.
" 5. The administrator of the data referred to in paragraph 1. 4, it is obligatory to make the personal data available, subject to the paragraph. 7, on the basis of the imitated authorization of the Commandant of the Main Police, the commanders of the voivodship of the Police or an authorized police officer, shown by the police officer together with the official ID card. The fact that this data is made available is protected under the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
2. in Art. 17 in the mouth. Point 8 shall be replaced by the following:
"8. in order to ward off a violent, imminent and unlawful assassination of a convoy protecting persons, materials containing classified information, money or other valuables;";
3) in art. 27 ust. 1 is replaced by the following
" 1. Before taking up the service, the policeman shall make a vow at the following rota:
" I, a citizen of the Republic of Poland, aware of the duties of a policeman, pledge: to serve the National faithfully, to protect the established Constitution of the Republic of Poland legal order, to guard the security of the State and its citizens, even with exposure to life. In carrying out the tasks entrusted to me, I vow to obey the law as a matter of urgency, to grant constitutional allegiance to the authorities of the Republic of Poland, to observe the discipline of the service and to execute orders and orders of superiors. I vow to guard the secrets of the service, honor, dignity and good name of the service and to observe the principles of professional ethics. ";
4) in art. 62 ust. 5.
" 5. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the police officer, who made the statement, expressed his written consent to release them, subject to paragraph. 7. ';
5. in Art. 132 in the mouth. 3 point 9 is replaced by the following:
"9) loss of material containing classified information."
Article 93. [ Law of the Border Guard] In the Act of 12 October 1990. o Border Guard (Dz. U. of 2005 No 234, pos. 1997, with late. 1. 27) ) the following amendments shall be made:
1) in art. 9 ust. 1b shall be replaced by:
' 1b. The administrator of the data referred to in paragraph 1. 1a, the data shall be made available, subject to paragraph (a). 1d, on the basis of the imitated authorization of the Commandant of the Main Border Guard, the commander of the Border Guard branch or an authorized officer, presented by the officer together with the official ID card. The fact that this data is made available is protected under the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
2. Article 10d added in the wording specified in art. 3 point 2 of the Act of 24 April 2009. on the amendment of the Act-Telecommunications Law and certain other laws (Dz. U. Nr. 85, pos. 716) receives the designation " Art. 10e. ';
3) in art. 24 in the mouth. Point 9 shall be replaced by the following:
"9. in order to ward off a violent, imminent and unlawful assassination of a convoy protecting persons, materials containing classified information, money or other valuables;";
4) in art. 33 (1) 1 is replaced by the following
" 1. Before taking up the service the Border Guard officer shall make a vow according to the following rota:
" I, a citizen of the Republic of Poland, testified to the duties of the Border Guard officer-I vow to serve the Polish National faithfully, having always in mind the interest of the Polish State.
I vow to stand adamant on the guard of independence and sovereignty and to guard the inviolability of the state border of the Republic of Poland, even with the exposure of life.
I vow strictly to comply with the principles of the Constitution of the Republic of Poland and the applicable law and the sacrificial and conscientious exercise of the tasks entrusted to me, to observe the discipline of the service, to execute orders and orders of the superiors, to keep in mind the secrets of the service, guard the good name of the service, honor and dignity, and follow the rules of the ethics of the Border Guard officer. ".";
5. in Art. 91a (1) 5.
" 5. The information contained in the declaration on the assets, subject to the paragraph. 6, constitute a legally protected secret and shall be subject to the protection provided for classified information classified as 'reserved' by the provisions for the protection of classified information. The declaration shall be kept for a period of 10 years. '.
Article 94. [ Right of notariate] In the Act of 14 February 1991. -Law on notariate (Dz. U. of 2008 Nr 189, item. 1158 and 2009 Nr 37, pos. 286 and No. 166, pos. 1317) in art. Paragraph 1 shall be replaced by the following:
" § 1. At the appointment of the notary, he shall vow to the Minister of Justice according to the following rota:
"I vow to solemn as a notary the duties entrusted to me to fulfil in accordance with the law and the conscience, to honor professional secrecy, in dealing with the principles of dignity, honor and honesty." "
Article 95. [ Law on the Inspection of Environmental Protection] In the Act of 20 July 1991 o Inspection of the Environmental Protection (Dz. U. 2007 Nr 44, pos. 287, of late. 1. 28) ) art. 10 is replaced by the following
" Art. 10. The head of the controlled organisational unit and the controlled natural person, subject to the provisions for the protection of classified information and the accommodation of the armed forces, shall be obliged to enable the inspector to carry out checks, in accordance with the provisions of the In particular, it is possible to carry out the activities referred to in Article 9 ust. 2. '
Article 96. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. of 2010 No. 51, item. 307, of late. 1. 29) ) art. 45a is replaced by the following:
" Art. 45a. The President of the Council of Ministers will determine, due to the protection of classified information, by means of ordinance, a separate mode of collection of income tax, the mode of filing of information and tax statements, as well as additional tasks of payers related to the obligation the accounting of annual taxes, taking into account all additional income, expenses, allowances, exemptions and exclusions, affecting the taxable amount and the amount of the taxpayer's tax other than those referred to in Article 6, art. 37, art. 38, art. 41, art. 42 and art. 45, while at the same time establishing the additional responsibilities of the payer, in particular the conduct of proceedings and the issuing of decisions in tax matters, in which the tax authorities are competent. '
Article 97. [ The Act on the State Fire Service] In the Act of 24 August 1991. o State Fire Brigades (Dz. U. 2009 r. No 12, pos. 68 i Nr 18, poz. 97 and 2010 Nr 127, pos. 857) is amended as follows:
1) in art. 30 par. 1 is replaced by the following
" 1. When taking a service in the State Fire Service, the firefighter shall make a vow at the following rota:
" I, a citizen of the Republic of Poland, bear witness to the duties of a firefighter, solemnly vow to be sacrificial and courageous in saving the endangered human life and all property-even with the exposure of life. In carrying out the tasks entrusted to me, I vow to observe the law, the discipline of the service, and to follow the instructions of the superi I vow to guard the secrets of the service, as well as of honor, dignity and good name of service, and to observe the principles of professional ethics. ";
2. in Art. 57a para. 9 is replaced by the following
" 9. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the firefighter, who made the statement, expressed his written consent to their disclosure, subject to the paragraph. 11. '
Article 98. [ Treasury Control Act] In the Act of 28 September 1991. about the treasury control (Dz. U. of 2004 No. 8, pos. 65, of late. 1. 30) ) the following amendments shall be made:
1) in art. 33 (1) 8 is replaced by the following
" 8. The requests referred to in paragraph 1 1-5, means the "Treasury Mystery" clause and the transfer shall be made in accordance with the procedures for documents containing classified information classified as "reserved" within the meaning of the provisions for the protection of classified information. ';
2. in Art. 34a in the mouth. Point 7 shall be replaced by the following:
" (7) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Office, and their authorised in writing to the officers or soldiers to the extent necessary to carry out the examination on the basis of the provision of the protection of classified information. '
Article 99. [ The Radio and Television Act] In the Act of 29 December 1992 o Broadcasting and television broadcasting (Dz. U. of 2004 No 253, pos. 2531, with late. 1. 31) ) in Article 36 in the mouth. Point 1 shall be replaced by the following:
"1) the threat of the interests of national culture, good customs and upbringing, security and defence of the State and threats to the security of classified information;".
Article 100. [ The Act on the Protection of Mental Health] In the Act of 19 August 1994. on the protection of mental health (Dz. U. Nr. 111, pos. 535, of late. 1. 32) ) in Article 50 in the mouth. Point 4 shall be replaced by the following:
" (4) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau and their authorised in writing of the officers or soldiers to the extent necessary to carry out the examination under the provisions for the protection of classified information. '
Article 101. [ Law of the Supreme Audit Office] In the Act of 23 December 1994. of the Supreme Chamber of Control (Dz. U. 2007 No. 231, item. 1701 and 2008 Nr 209, poz. 1315, Nr 225, pos. 1502 i Nr 227, poz. 1505) is amended as follows:
1) in art. 30 par. 4.
" 4. The audit of cases or documents classified as 'top secret' shall be carried out on the basis of a service card and a separate authorization issued by the President of the Supreme Chamber of Control. ';
2. in Art. 40 in the mouth. Point 1 shall be replaced by the following:
"(1) the secret of a legally protected person and the controller does not have the proper authorization;";
3) in art. 44 par. 1 and 2 are replaced by the following:
" 1. The person who is required to keep secret information classified as 'restricted' or 'confidential' may be heard as a witness as to the circumstances to which this obligation is concerned.
2. The person obliged to keep secret information classified with the classification of "secret" or "top secret" may be questioned as a witness as to the circumstances to which this obligation applies, only after release from the obligation of conduct a secret, given in writing by the President of the Supreme Chamber of Control. '
Article 102. [ The Act on accommodation of the Armed Forces of the Republic of Poland] In the Act of 22 June 1995. with the accommodation of the Armed Forces of the Republic of Poland (Dz. U. of 2005 Nr 41, pos. 398, with late. 1. 33) ) the following amendments shall be made:
1) in art. 20d in the mouth. 2 in point 2 (a) b is replaced by the following
"(b) inspection of any document relating to the Agency's activities, the collection and the safeguarding of documents and other materials, subject to the provisions of a legally protected secret,";
2. in Art. 20j in the mouth. Point 1 shall be replaced by the following:
"(1) the secret of a legally protected person, and the controller does not have the proper authorisation;".
Article 103. [ Act on the rules of records and identification of taxpayers and payers] In the Act of 13 October 1995 rules for the registration and identification of taxpayers and payers (Dz. U. of 2004 No. 269, item. 2681, as late. 1. 34) ) in Article 22 par. 3.
" 3. The Minister of Finance may, by regulation, on the grounds of the protection of classified information, regulate separately the mode of granting the tax identification numbers and the conditions for handling these numbers. '.
Article 104. [ Act on the implementation of the mandate of Member and senator] In the Act of 9 May 1996 implementing the mandate of a Member and a senator (Dz. U. 2003 r. No. 221, pos. 2199, with late-time 1. 35) ) art. 19 is replaced by the following
" Art. 19. 1. In the implementation of the mandate, the envoy or senator shall have the right, if he is not in breach of the personal property of other persons, to obtain information and materials, to access the premises where the information and materials are to be found, and to the activities of the organs government administration and local government, as well as companies with the participation of the State Treasury and state-owned establishments and companies, with the observance of the regulations on the secrecy of the legally protected.
2. The rules and mode of making available to Members and senators of classified information shall lay down the provisions for the protection of classified information. '.
Article 105. [ The Act on certain powers of the staff of the office serving the Minister responsible for internal affairs and officers and staff of the offices supervised by that Minister] In the Act of 21 June 1996. about certain powers of the employees of the office serving the Minister responsible for internal affairs and the officers and employees of the offices supervised by this Minister (Dz. U. No. 106, pos. 491, of late. 1. 36) ) art. 9 is replaced by the following
" Art. 9. 1. The minister responsible for internal affairs may authorise staff, police officers, firefighters, officers of the Border Guard or officers of the Government Protection Bureau to provide classified information to the person concerned, or Institution. However, this authorisation shall not apply to the situation referred to in Article 4. 21 of the law referred to in art. 8 ust. 2 and Article 9a of the Act of 12 October 1990. o Border Guard (Dz. U. of 2005 No 234, pos. 1997, with late. 1. 37) ), with the exception of the documents and materials that the district court, the Prosecutor of the Lustration Office or the branch office of the Lublin Institute of National Remembranding-the Commission of the Prosecution of Crimes against the Polish Nation deems necessary in connection with the execution of their tasks as defined in the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. 2007 Nr 63, poz. 425, of late. 1. 38 ) ) and the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. 2007 Nr 63, poz. 424, with late. 1. 39 ) ).
2. In the event of refusing to release a staff member, a police officer, a firefighter, a Border Guard officer or an officer of the Government Protection Bureau, or a person providing assistance to them in the performance of operational and reconnament activities from the obligation of secrecy or the refusal of an authorisation to make available documents or materials containing classified information classified as 'secret' or 'top secret', despite the request of the prosecutor or the court, as notified in connection with criminal proceedings of a criminal offence mentioned in Article 109 of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. 1. 40) ) The Minister of the Interior and Administration presents the documents and materials requested and explanations to the First President of the Court of First Instance. Highest. If the First President of the Supreme Court finds that taking into account the request of the prosecutor or the court is necessary for the correctness of the criminal proceedings, the Minister of Internal Affairs and Administration is obliged to exempt from secrecy or provide the documents and materials covered by the secret. '
Article 106. [ The Act on commercialization and privatization] In the Act of 30 August 1996. o commercialisation and privatisation (Dz. U. of 2002. No. 171, item. 1397, with late. 1. 41) ) in Article 62 ust. 1 is replaced by the following
" 1. Information obtained in the preparation of the analyses referred to in Article 32 par. 1 and in Art. 42 par. 1, constitute a secret subject to protection under the terms of the provisions for the protection of classified information. '
Article 107. [ Penal Code] In the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. 1. 42) ) the following amendments shall be made:
1) in art. 265 § 1 is replaced by the following:
" § 1. Who reveals or contradicts the provisions of the Act, uses classified information classified as 'secret' or 'top secret',
shall be punished by deprivation of liberty from the 3 months to 5 years. ';
2. in Art. 266 § 2 is replaced by the following:
"§ 2. A public service officer who discloses an unauthorised classified information to a person with a" restricted "or" confidential " clause or information which he has obtained in connection with the performance of a business activity, and whose disclosure may harm the person legally protected interest,
shall be punished by imprisonment up to the age of 3. '
Article 108. [ Code of Criminal Procedure] In the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. Nr. 89, pos. 555, z późn. 1. 43) ) the following amendments shall be made:
1) in art. 156 § 4 is replaced by the following:
" § 4. Where there is a danger of disclosure of classified information classified as 'secret' or 'top-secret', the review of the files, the drawing up of the write-downs and photocopies shall be carried out with the rigors determined by the President of the court or by the court. Certified copies and photocopies shall not appear unless the Act states otherwise. ';
2. in Art. 179 § 1 is replaced by the following:
" § 1. Persons required to keep secret information classified as 'secret' or 'top secret' may be questioned as to the circumstances for which that obligation extends only after those persons have been released from the obligation of secrecy by the authorised supervisor. ';
3) in art. 180 § 1 is replaced by the following:
" § 1. Persons obliged to keep secret information classified as 'restricted' or 'confidential' or a secret related to the exercise of the profession or function may refuse to testify as to the circumstances for which the obligation extends, unless that the court or the prosecutor will release those persons from the obligation of secrecy, if the specific laws do not provide otherwise. ';
4) in art. 181 § 2 is replaced by the following:
" § 2. The Minister of Justice shall determine, by regulation, the manner of drawing up, storing and making available the minutes of interrogation of defendants, witnesses, experts and curators, as well as other documents or objects to which it stretches the obligation to preserve the secrecy of classified information or to preserve the secrecy associated with the exercise of the profession or function, as well as the permissible means of citing such hearings, documents and objects in decisions and letters to ensure adequate protection of the secrecy of the unauthorised disclosure. ';
5. in Art. 184:
(a) Paragraph 1 shall be replaced by
" § 1. If there is a reasonable fear of danger for life, health, freedom or property in a large size of the witness or person, the court, and the prosecutor in the preparatory proceedings, may issue a decision on the conduct of the the secrecy of the circumstances enabling the identity of the witness, including personal data, to be disclosed, if they are not relevant to the decision on the case. The proceedings in this respect shall be held without the participation of the parties and shall be covered by the secret as classified information of the 'secret' or 'top secret' classification. The order shall be ignored by the circumstances referred to in the first sentence. ',
(b) Paragraph 5 shall be replaced by
" § 5. The order in respect of the secrecy of the circumstances referred to in paragraph 1, to the witness and to the defendant, and in the proceedings before the prosecutor, shall be entitled to a complaint within 3 days. A complaint against the prosecutor's order recognizes the court's jurisdiction to hear the case. The proceedings concerning the complaint shall be held without the participation of the parties and shall be covered by the secret as classified information of the 'secret' or 'top secret' classification. ';
6) in art. 225 § 1 and 2 are replaced by the following:
" § 1. If the head of a state or local authority, or a person who has been detained or searched for, declares that he or she has issued or found a document or other document contains information, implicit or confidential messages of professional secrecy or other legally protected secrecy, or a personal character, the body carrying out the act shall immediately transmit the letter or other document without reading it to the prosecutor or to the court in the sealed package.
§ 2. The mode indicated in § 1 shall not apply to letters or other documents which contain classified information of the 'restricted' or 'confidential' clause, or concern professional secrecy or other legally protected secrecy, if the holder of the information is is a person suspected of having committed a criminal offence, or in relation to letters or other documents of a personal nature, to whom it is the holder, the author or the addressee. ';
7) art. 226 is replaced by:
" Art. 226. In respect of the use of documents containing classified information or professional secrecy as evidence in criminal proceedings, the prohibitions and restrictions laid down in Article 4 shall apply accordingly. 178-181. However, in the preparatory proceedings for the use, as evidence, of documents containing a medical secret shall be decided by the prosecutor. ';
8) in art. 237 in § 3 point 10 is replaced by the following:
"10. espionage or disclosure of classified information classified as" secret "or" top secret ";";
9) in art. 338 § 3 is replaced by the following:
" § 3. Where there is a danger of disclosure of classified information of a "secret" or "top secret" clause, the defendant shall be served with a copy of the indictment without justification. However, the statement of reasons for the indictment shall be made available in accordance with the rigors determined by the President or by the court
10) in art. 361 § 2 is replaced by the following:
§ 2. The provision of § 1 shall not apply where there is a concern to disclose classified information classified as 'secret' or 'top secret'. ';
11) in art. 448 § 2 is replaced by the following:
" § 2. In the event of an appeal by the procurator, the defender or the representative shall be accompanied by a copy of the copy of the opposing party's appeal, unless the case was excluded by the disclosure of the hearing due to the protection of classified information on the classification of the security classification 'secret' or 'top secret'. '
Article 109. [ Code of Executive Penal] In the Act of 6 June 1997. -The Code of Executive Penal (Dz. U. No 90, pos. 557, of late. 1. 44) ) in Article 11 § 1 is replaced by the following:
" § 1. The Tribunal shall send a copy or extract thereof with a reference to the enforceability and, in the case of a final judgment, to the competent authority designated for the enforcement of the decision, in the case of a decision to be executed. The court shall send the director of the criminal or criminal court the decision, including the grounds, if it has been drafted and does not contain classified information classified as 'secret' or 'top secret', and data containing the name, surname and address of the secret hives. ".
Article 110. [ Law on Road Traffic] In the Act of 20 June 1997. -The right of traffic (Dz. U. of 2005 No. 108, pos. 908, with late. 1. 45) ) in Article 73 (1) 3a is replaced by the following
' 3a. Manufacturer of plates, time permits, control stickers and other documents required for registration of vehicles, as well as starostes pass on the mazowiecka wojewater for payment of the following, respectively: a table of evidence registration, time permits, stickers and other documents required for the registration of vehicles, as well as the legalized registration plates necessary for registration referred to in art. 76 (1) 4. Information on the submitted plates, time permits, control stickers and other documents required for registration and registration plates shall be protected in accordance with the provisions on the protection of information classified with 'secret' or 'top secret' classification. '
Article 111. [ The Act on Crown Witness] In the Act of 25 June 1997. with a crown witness (Dz. U. 2007 No. 36, pos. 232, of 2009 No 178, pos. 1375 and 2010 Nr 127, pos. 857) Art. 23 is replaced by the following
" Art. 23. Protection in accordance with the provisions for the protection of classified information shall be subject to:
1) the course and content of the activities referred to in art. 3, 5 and 5a, until the order of the court to allow evidence from the testimony of the crown witness;
2) the circumstances surrounding the protection or assistance referred to in art. 14-20. "
Article 112. [ Law on the Constitutional Court] In the Act of 1 August 1997. o Constitutional Court (Dz. U. No 102, pos. 643, with late. 1. 46) ) art. 23 is replaced by the following
" Art. 23. 1. The Court's hearing shall be plausible if the special provision does not provide otherwise. The chairman of the formation of the adjudicating bench may exempt the public from public security or the protection of classified information with a 'secret' or 'top secret' classification.
2. The judges of the Tribunal shall be authorized to access classified information related to the case recognized by the Court.
3. A witness or expert may be questioned about the circumstances of the classified information classified as "secret" or "top secret" upon release by the authorized body of the obligation of secrecy. The refusal of consent may be justified only by an important interest of the State.
4. A witness or expert shall not exercise the right to refuse the testimony referred to in the paragraph. 3 if the Court considers such a refusal to be unreasonable. '
Article 113. [ Law on Military Courts of Courts] In the Act of 21 August 1997. -Law on the system of military courts (Dz. U. 2007 No. 226, pos. 1676, of late. 1. 47) ) in Article 28 § 5 is replaced by the following:
" § 5. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the judge who made the declaration expressed his written consent to their disclosure. In a particularly justified case, an entity authorised in accordance with § 2 or 3 to receive a statement may disclose it, despite the disagreement of the applicant. The declaration shall be kept for 6 years. '.
Article 114. [ The Act on restricting the conduct of business by persons performing public functions] In the Act of 21 August 1997. of a restriction on the conduct of business activities by persons performing public functions (Dz. U. 2006 r. No. 216, item. 1584, 2008 No. 223, item. 1458 and 2009 No 178, pos. 1375) is amended as follows:
1) in art. 8 ust. 5.
" 5. The information contained in the statement referred to in paragraph 1. 1, they constitute a legally protected secret and shall be subject to the protection provided for classified information classified as 'reserved' by the provisions for the protection of classified information. ';
2. in Art. 10 para. 3.
" 3. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the person who made the claim expressed the written consent to disclose them. In a particularly justified case, the person entitled, in accordance with the mouth. 4, 5 or 6, to receive the statement may disclose it despite the disagreement of the filing statement. The declaration shall be kept for 6 years. '.
Article 115. [ Law on the protection of persons and property] In the Act of 22 August 1997. on the protection of persons and property (Dz. U. of 2005 Nr 145, pos. 1221, of late. 1. 48 ) art. 35a is replaced by the following:
" Art. 35a. A security employee to be entrusted pursuant to the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228) the duties of a security attorney or a security officer shall, in addition, meet the requirements set out in that law. ".
Article 116. [ Law on the organisation and functioning of pension funds] In the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2010 Nr 34, pos. 189 and No. 127, pos. 858) in art. 41a (1) 5.
" 5. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the person who made the claim expressed the written consent to disclose them. The declaration shall be kept for a period of 6 years. '.
Article 117. [ Law on municipal watchmen] In the Act of 29 August 1997. o municipal guards (Dz. U. No 123, pos. 779, as of late. 1. 49) ) in Article Paragraph 3 is replaced by the following:
"(3) the preservation of the secrecy of a legally protected person,".
Article 118. [ Law on court bailiers and executions] In the Act of 29 August 1997. with court bailiers and executions (Dz. U. 2006 r. Nr 167, pos. 1191, with late. 1. 50) ) the following amendments shall be made:
1) in art. 14 para. 2.
" 2. Within 14 days from the date of receipt of the notification referred to in paragraph 1. 1, the President of the Court of Appeal shall receive from the baitler a vow according to the following rota:
"I vow to solemnate the duties of law and conscience, to keep the secret of the law protected, to follow the principles of honesty, dignity and honor." '
2. in Art. 16 ust. 6 is replaced by the following
" 6. The information contained in the declaration on the assets shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless The baitman who made the statement expressed his written consent to their disclosure. In a particularly justified case, the entity authorised, in accordance with the paragraph. 3 or 4, to receive the statement may disclose it despite the disagreement of the filing statement. The declaration shall be kept for 6 years. '.
Article 119. [ Tax Ordinance] In the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. 1. 51) ) the following amendments shall be made:
1. 13a is replaced by the following:
" Art. 13a. The Council of Ministers may, by regulation, grant the powers of the tax authorities:
1) The Head Of The Intelligence Agency,
(2) The Head of the Internal Security Agency,
3) the Head of the Central Anti-Corruption Bureau,
4. Head of the Military Intelligence Service,
5. Head of the Military Contrintelligence Service
-where this is justified by the protection of classified information and the security requirements of the State. ';
2. in Art. 82 § 4 is replaced by the following:
" § 4. The request referred to in paragraph 3 shall be the following: "The Treasury Mystery" and its transmission shall be made in the manner prescribed for the documents containing the classified information of the "reserved" clause. ';
3) in art. 179 § 1 is replaced by the following:
" § 1. Art. 178 shall not apply to documents containing classified information contained in the file, as well as to other documents which the tax authority shall exclude from the case file on grounds of public interest. ';
4) in art. Point 2 of the 195 point is replaced by
"(2) persons required to keep secret information secret of the circumstances covered by the secrecy, if they are not, in accordance with the prescribed provisions, exempt from the obligation to keep this secret;";
5. in Art. 196 § 4 is replaced by the following:
" § 4. The Minister responsible for public finance in consultation with the Minister of Justice will determine, by means of a regulation, the way of drawing up and keeping records of evidence covering the circumstances for which the obligation to protect is extended. classified information or professional secrecy. ';
6) in art. 286 § 3 is replaced by the following:
" § 3. Review of the files of the preparatory and judicial proceedings, the files of court cases, as well as documents containing classified information or professional secrecy and the drawing up of their writings and notes, shall be carried out with appropriate conduct provisions. ';
7) in art. Paragraph 2 is replaced by the following:
"§ 2. The information referred to in § 1, after their use, shall be excluded from the case file and stored in armored casks, armored cabinets or in devices for the protection of classified information with a" confidential " clause, which, on a separate basis the provisions have been granted certificates or certificates of qualification. An exemption shall be made in the case file. ';
8) in art. 297 in § 1 point 7 is replaced by the following:
" (7) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Office, and their authorising officers or soldiers in writing to the extent necessary to carry out the examination under the provisions for the protection of classified information; ';
9) in art. Point 5a is replaced by the following:
" (5a) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Office, Police, Military Police, Border Guard, Prison Service, Government Security Office, and their authorising officers or soldiers in writing to the extent necessary to carry out the examination under the provisions for the protection of classified information, '.
Article 120. [ Banking law] In the Act of 29 August 1997. -Banking law (Dz. U. of 2002. Nr 72, pos. 665, of late. 1. 52) ) the following amendments shall be made:
1) in art. 105 in the mouth. 1 in point 2 (a) k is replaced by:
" (k) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Gendarmerie, Border Guard, Prison Service, Government Security Bureau and their with a written authorisation of the officers or soldiers to the extent necessary to carry out the examination under the provisions for the protection of classified information, ';
2. in Art. 110 point 6 is replaced by the following:
" (6) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau in connection with checks carried out on the basis of the provisions for the protection of classified information; '.
Article 121. [ The Act on the Protection of Personal Data] In the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. 1. 53) ) the following amendments shall be made:
1) in art. Paragraph 1 is replaced by the following:
"(1) disclosure of messages containing classified information,";
2. in Art. 32 in the mouth. Point 4 shall be replaced by the following:
"(4) obtain information on the source from which the data relate to it, unless the controller is required to maintain in this respect the secrecy of classified information or professional secrecy,";
3) in art. 43 in the mouth. Point 1 shall be replaced by the following:
"(1) containing classified information,".
Article 122. [ Law on Social Security System] In the Act of 13 October 1998. o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585 and No. 218, pos. 1690 and 2010 Nr 105, pos. 668) art. 79 is replaced by:
" Art. 79. 1. The individual data contained in the accounts of insured persons and the accounts of the payer's contributions, as well as in the records kept by the Department and the source data underlying the records on these accounts and in the registers constitute the secret of the legally protected establishment. The following shall be required to comply with this secrecy:
1) employees of the Department;
2) members of the Supervisory Board of Zakład.
2. Paragraph Recipe 1 shall also apply to the individual data of the persons processed in the establishment as regards the award, determination and payment of social security benefits, as well as of the benefits financed from the state budget and the payments made, in connection with the the execution of the tasks outsourced to the Department on the basis of separate provisions. '
Article 123. [ The Act on the Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation] In the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. 2007 Nr 63, poz. 424, with late. 1. 54) ) the following amendments shall be made:
1) in art. 11 (1) 2b is replaced by:
' 2b. The position of the President of the Institute of Remembrant shall also not be appointed by a person whose activities in connection with access to classified information or protected information as an implicit information precluded a detailed presentation of information on the course of his/her service, work or cooperation. ';
2. Article 22 is replaced by the following
" Art. 22. 1. The President of the Institute of Remembranes may, in particular justified cases, authorise the disclosure of classified information and the making available of documents or materials containing classified information to the person or institution concerned, if the preservation of the secrecy would prevent the performance of the Institute of Remembranes.
2. With regard to the documents submitted to the archives of the Institute of Remembranes, the President of the Memorial Institute shall have the powers specified in art. 6 para. 7 of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
3) in art. 39 (1) 4.
" 4. The reservation shall be protected in accordance with the provisions for the protection of classified information with a 'secret' or 'top secret' classification. '
Article 124. [ Law on the Officials of the Courts and Prosecutors] In the Act of 18 December 1998. about the employees of the courts and the prosecutor's office (Dz. U. Nr 162, pos. 1125, as of late. 1. 55) ) in Article Point 3 shall be replaced by the following:
"(3) rearing the secret of a legally protected person,".
Article 125. [ Law on the Sejm of Investigative Committee] In the Act of 21 January 1999 about the Sejm of the Investigation Committee (Dz. U. 2009 r. No. 151, item. 1218) is amended as follows:
1) in art. 11e ust. 1 is replaced by the following
" 1. The persons required to keep secret information classified under the 'secret' or 'top secret' classification may be heard as to the circumstances for which that obligation extends, only after they have been released from the obligation of secrecy by the competent authority. ';
2. Article 11f is replaced by the following:
" Art. 11f. Persons required to keep a secret legally protected other than classified information classified as 'secret' or 'top secret' may refuse to give evidence as to the circumstances for which that obligation extends, unless the Commission relieved them of the obligation to do so. the preservation of secrecy, subject to the provision of Article 11g. ';
3) in art. 11h ust. 2.
" 2. The messages obtained in the course of the hearings referred to in Article 11f and art. 11g ust. 1, they constitute a secret legally protected. "
Article 126. [ The Act on the Ombudsman of the Rights of the Child] In the Act of 6 January 2000 o Ombudsman of the Rights of the Child (Dz. U. Nr 6, poz. 69 and 2008 Nr 214, pos. 1345) art. 5.
" Art. 5. Before commencing his duties, the Ombudsman shall make the following oath before the Sejm:
" I vow to solemnost that in carrying out the duties of the Ombudsman entrusted to me by the duties of the Children's Rights of the Republic of Poland, I will beware of the rights of the child, guided by the provisions of the law, the good of the child and the good of the family. I pledge that the duties entrusted to me will be fulfilled impartially, with the utmost conscientiousness and diligence, that I will guard the dignity of the position entrusted to me, and I will keep the secret of a legally protected position. "
The vow can be made with the addition of the sentence "So help me God". "
Article 127. [ Industrial Property Law] In the Act of 30 June 2000. -Industrial property law (Dz. U. 2003 r. Nr 119, item. 1117, with late. 1. 56) ) the following amendments shall be made:
1) in art. 57 (1) 1 is replaced by the following
" 1. The secret invention constitutes a secret legally protected. ";
2. in Art. 266 in the mouth. Point 6 shall be replaced by the following:
" 6) has the appropriate security clearance for access to classified information, issued on the basis of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
3) in art. 268 ust. 4.
" 4. At the appointment of the expert, he vows to the President of the Patent Office according to the following rota: " I am solemnly solemnly on the position of the expert to carry out the tasks, to adjudicate impartially and in accordance with the provisions of the law, to reap the duties of the a legally protected secret, and in proceedings to address the principles of dignity and integrity. ';
4) in art. 270 in the mouth. Point 4 shall be replaced by the following:
"(4) rearing the secret of a legally protected;"
Article 128. [ Law On Commodity Exchanges] In the Act of 26 October 2000. o freight exchanges (Dz. U. of 2010 Nr 48, poz. 284 and No. 81, pos. 530) in art. 54 in the mouth. Point 6 shall be replaced by the following:
" (6) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau and their authorised in writing of the officers or soldiers, to the extent necessary to carry out the examination under the provisions for the protection of classified information; '.
Article 129. [ Act on anti-money laundering and terrorist financing] In the Act of 16 November 2000. anti-money laundering and the financing of terrorism (Dz. U. of 2010 Nr 46, pos. 276. the following amendments shall be made:
1) in art. 22 par. 1 is replaced by the following
" 1. At the request of the controller, the institutions shall be obliged to submit all documents and materials necessary for the carrying out of the checks referred to in Article 4. 21 (1) 1, with the exception of documents and materials containing classified information. ';
2. Article 29 is replaced by the following
" Art. 29. No provisions restricting the sharing of data covered by the secrecy, except in the case of classified information, shall not apply to the General Inspectorate's disclosure of any information in the manner and scope provided for by the Law. '
Article 130. [ Law on Trade Inspection] In the Law of 15 December 2000. o Trade Inspection (Dz. U. 2009 r. No. 151, item. 1219) in art. 16 ust. 5.
" 5. Information obtained in the course of the inspection of information concerning the technology used or which constitutes a trade secret shall be protected by law; this shall not be the case for information the disclosure of which is necessary in view of the need to remove the risks. associated with the product or service. "
Article 131. [ The Inland Navigation Act] In the Law of 21 December 2000. o inland navigation (Dz. U. 2006 r. #123, pos. 857, with late. 1. 57) ) art. 47b is replaced by the following:
" Art. 47b. The information referred to in Article 47a ust. 2, shall be protected in accordance with the provisions on the protection of classified information. '.
Article 132. [ Law on Chemical Substances and Preparations] In the Act of 11 January 2001 of chemical substances and preparations (Dz. U. 2009 r. Nr 152, poz. 1222 and 2010 No. 107, item. 679) in art. 23 (1) 5.
" 5. The inspector may request disclosure of a specific chemical composition of the preparation. Such information shall constitute a legally protected secret and may be used only for medical purposes for the prevention and treatment of medicinal products. '
Article 133. [ Law on the Government Protection Bureau] In the Act of 16 March 2001. o Government Security Office (Dz. U. of 2004 No. 163, pos. 1712, of late. 1. 58) ) the following amendments shall be made:
1. 22 is replaced by the following
" Art. 22. Before taking up the service, the officer shall make a vow at the following rota:
" I, a citizen of the Republic of Poland, testified to the duties of an officer of the Government Protection Bureau to serve the Polish National faithfully, having always in mind the interest of the Polish State, even with the exposure of one's own life.
I vow to abide by the Constitution of the Republic of Poland and the applicable law and the sacrificial and conscientious exercise of the duties entrusted to me, to observe the discipline of the service, to execute orders of the superiors, to keep the secrets associated with the service, guarding the good name of service, honor and dignity. " The officer comprising the oath, after its completion, may add the words "Yes to me God.". ";
2. Article 25a is replaced by the following:
" Art. 25a. The officer shall be released from his official position and shall transfer to the Head of the BOR in the event of refusal to grant him the security attestator in accordance with the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
3) in art. 35 in the mouth. Point 8 shall be replaced by the following:
" 8) a final refusal to issue a security certificate in accordance with the provisions of the Act of 5 August 2010. o protection of classified information; '.
Article 134. [ Environmental Law] In the Law of 27 April 2001 -Environmental law (Dz. U. of 2008 Nr 25, pos. 150, of late. 1. 59) ) in Article 2. 3.
" 3. The provisions of the Act do not violate the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). '
Article 135. [ Act on the implementation of the Convention on the Prohibition of the Conduct of Research, Production, Stockpiling and Use of Chemical Weapons and on the destruction of its stocks] In the Act of 22 June 2001. on the implementation of the Convention on the Prohibition of the Conduct, Production, Stockpiling and Use of Chemical Weapons and on the destruction of its stocks (Dz. U. Nr. 76, pos. 812) art. 22 is replaced by the following
" Art. 22. 1. Information obtained in connection with the implementation of the provisions of the Convention, marked by the "OPCW restricted" clause, shall be protected and shall be made available under the rules laid down in the provisions for the protection of classified information, for classified information on the clause "Restricted".
2. The information obtained in connection with the implementation of the provisions of the Convention, marked by the clause "OPCW protected", shall be protected and shall be made available on the rules specified in the provisions referred to in the paragraph. 1, for classified information with a 'confidential' classification.
3. The information obtained in connection with the implementation of the provisions of the Convention, marked by the clause "OPCW highly protected", shall be protected and shall be made available on the rules specified in the provisions referred to in the paragraph. 1, for classified information classified as 'secret'.
4. Information obtained from the entities and entrepreneurs referred to in art. 2, in connection with the obligation laid down in Article 14, and marked by the relevant clauses, shall be protected and shall be made available on the basis of the rules referred to in the provisions referred to in paragraph 1. 1, as appropriate to the classification of the classification. '
Article 136. [ Law on the Congregations, Processing and Transfer of Criminal Information] In the Act of 6 July 2001 concerning the collection, processing and transfer of criminal information (Dz. U. of 2010 Nr 29, pos. 153 and No 167, pos. 1131) is amended as follows:
1) in art. Point 4 shall be replaced by the following:
" 4) ensuring the security that is collected and processed in the Centre for criminal information, in accordance with the provisions of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. 1. 60) ) and the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228); ';
2. in Art. 16 ust. 1 is replaced by the following
" 1. Criminal information collected, processed and transferred shall be subject to the protection provided by the provisions for the protection of classified information. ';
3) in art. 40 par. 2.
" 2. The transfer of information abroad to a country which does not give the guarantees referred to in paragraph. 1, may take place only after consultation of the Minister responsible for foreign affairs and the national security authority within the meaning of the provisions on the protection of classified information. '
Article 137. [ Water Law] In the Act of 18 July 2001. -Water law (Dz. U. of 2005 Nr 239, poz. 2019, with late. 1. 61) ) art. 158 is replaced by:
" Art. 158. Controlled, subject to the provisions on the protection of classified information and the accommodation of the armed forces, it is obligatory to allow the inspector to carry out checks, in particular to enable the operations referred to in Article 4 to be carried out. 157 ust. 2. '
Article 138. [ The Law on Courts of Laws] In the Act of 27 July 2001. o court curators (Dz. U. Nr. 98, pos. 1071, of late. 1. 62) ) art. 74 is replaced by the following
" Art. 74. Before taking up his duties, the apprentice officer shall make a vow to the President of the district court and the district curator according to the following rota:
"I vow to solemnly fulfil the duties of an application of curatorial application, in proceedings to be guided by the principles of dignity and honesty, and to keep the secret of legally protected." '.
Article 139. [ Law on Universal Courts] In the Act of 27 July 2001. -The law on the system of common courts (Dz. U. Nr. 98, pos. 1070, z późn. 1. 63) ) the following amendments shall be made:
1. 66 is amended as follows:
" Art. 66. Upon appointment, the judge shall submit a vow to the President of the Republic of Poland according to the following rota:
" I vow solemnly as a judge of the universal court to serve the faithfulness of the Republic of Poland, to uphold the law, the duties of the judge to fulfil conscientiously, to extinction in accordance with the provisions of the law, impartially according to my conscience, to redeem the law. a secret to a legally protected person, and in proceedings to follow the principles of dignity and honesty. "; making a vow may add at the end a phrase:" So help me God. "";
2. in Art. 85 § 4 is replaced by the following:
" § 4. To the person serving as a judge of the examination procedure provided for in the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228) is not carried out. Before commencing his duties, the Judge shall acquaet himself with the provisions for the protection of classified information and shall make a statement of the knowledge of these provisions. Classified information may be made available to the Judge only to the extent necessary for the duties of the Judge to perform the duties assigned to him or to perform the duties assigned to it. ';
3) in art. 87 § 6 is replaced by the following:
" § 6. The information contained in the statement referred to in § 1 shall constitute a legally protected secret and shall be subject to the protection provided for by the classified information classified as 'reserved' in the provisions for the protection of classified information, unless the information contained in the statement of confidentiality is not the judge who made the declaration expressed his written consent to their disclosure. In a particularly justified case, an entity authorised in accordance with § 2 or § 4 to receive the declaration may disclose it, despite the lack of consent by the applicant. ';
4) in art. 150 § 4 is replaced by the following:
" § 4. Before taking up the work, the referendary of the court shall submit a vow to the President of the district court in accordance with the following year:
" I am solemnly vowed to serve the faithful of the Republic of Poland, conscientiously and carefully to carry out official duties, to uphold the law, to follow the principles of dignity and integrity, and to keep the secret of the law. protected. "; the resignation may add a phrase:" So help me God. "";
5. in Art. The following paragraph 3 is added:
" § 3. To jurors the recipe of art. 85 § 4 shall apply mutatis mutandis. '
Article 140. [ Code of Conduct on Offense Cases] In the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2008 No. 133, item. 848, of late. 1. 64) ) the following amendments shall be made:
1) in art. Paragraphs 2 and 3 are replaced by the following:
"§ 2. The persons required to keep secret information classified with the classification of the" secret "or" top secret " classification may be questioned as to the circumstances for which this obligation extends, only after the dismissal of those persons from the obligation to behave secret by the authorised supervisor.
§ 3. Persons obliged to keep secret information classified as 'restricted' or 'confidential' or a secret related to the exercise of the profession or function may refuse to testify as to the circumstances for which the obligation extends, unless that the court will release those persons from the obligation of secrecy, if the specific laws do not provide otherwise. The order of the court shall serve as a complaint. ';
2. in Art. 70 § 3 is replaced by the following:
" § 3. In the event of exclusion, the public may be present at the hearing, other than those involved in the proceedings, on the one person designated by each party, unless there is a concern to disclose classified information classified as 'secret' or ' strictly secret ". The court may allow individuals to be present at the trial conducted with the exception of public disclosure. '
Article 141. [ Law on Military Gendarmerie and Military Ordinal Ornaps] In the Act of 24 August 2001. of the Military Police and the military ordinal authorities (Dz. U. No 123, pos. 1353, with late. 1. 65) ) the following amendments shall be made:
1) in art. 29 par. 6 is replaced by the following
" 6. The Military Gendarmerie for the purpose of carrying out the statutory tasks may use information about the person, including personal data obtained by the authorized bodies, departments and state institutions as a result of the execution of the operational-reconnament activities or carry out operational control, and process them within the meaning of the Act of 29 August 1997. the protection of personal data without the knowledge and consent of the data subject. The administrator of the data referred to in paragraph 1. 2, is obliged to make the data available on the basis of the imitated authorization of the Commandant of the Central Military Police or the commandant of the Military Gendarmerie branch shown by the soldier of the Military Gendarmerie, along with the official ID card. The fact that this data is made available is protected under the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
2. in Art. 31 in the mouth. Point 13 shall be replaced by the following:
"13) the unlawful disclosure or use of classified information with a classification of" secret "and" top secret ",";
3) in art. 36 ust. 3 and 4 are replaced by the following:
" 3. In the event of a refusal to release a soldier of the Military Gendarmerie, or of a person providing assistance in the performance of operational and reconnasal activities, from the obligation to keep classified information classified as 'secret' or 'top secret' in secret the relationship with criminal proceedings or denial of authorisation to make available material containing classified information classified as 'secret' or 'top secret', despite the request of the prosecutor or the court, reported in connection with criminal proceedings in the case of a crime against peace or humanity, a war crime, a crime against the Republic of Poland, a crime of terrorist attack or a crime of murder or causing grievance of bodily harm, the aftermath of which was the death of a man, the Minister of National Defence presents the requested explanations and materials to the First President of the Supreme Court. If the First President of the Supreme Court finds that taking into account the request of the prosecutor or the court is necessary to ensure the correctness of the criminal proceedings, the Minister of National Defence is obliged to release from the obligation of secrecy classified information classified as 'secret' or 'top secret' soldiers of the Military Gendarmerie, or provide requested explanations and material containing classified information classified as 'secret' or 'top secret'.
4. Data on the person referred to in paragraph. 1, may be disclosed at the request of the prosecutor also in case of reasonable suspicion that she has committed a crime prosecuted from the public prosecution in connection with the performance of the operation and reconnalization activities. In such a case, the Minister of National Defence presents the requested explanations and materials to the First President of the Supreme Court. If the First President of the Supreme Court finds that taking into account the request of the prosecutor or the court is necessary to ensure the correctness of the criminal proceedings, the Minister of National Defence is obliged to release from the obligation of secrecy classified information classified as 'secret' or 'top secret' soldiers of the Military Gendarmerie, or provide requested explanations and material containing classified information classified as 'secret' or 'top secret'. ';
4. Article 39 is replaced by the following
" Art. 39. Disclosure of data on a person who is reasonably suspected of having committed a criminal offence on a public charge in connection with the exercise of an operational and exploratory activity may take place only at the request of the public prosecutor or a court. In such a case, the Minister of National Defence presents the requested explanations and materials to the First President of the Supreme Court. If the First President of the Supreme Court finds that consideration of the request of the prosecutor or the court is necessary to ensure the correctness of the criminal proceedings, the Minister of National Defence is obliged to exempt from the obligation of secrecy classified information classified as 'secret' or 'top secret' of the Military Gendarmerie soldier and provide the requested explanations and material containing classified information classified as 'secret' or 'top secret'. ';
5. in Art. 43 in the mouth. Point 8 shall be replaced by the following:
"8) for the purpose of refusing direct and violent attack on a convoy protecting persons, materials containing classified information, or cash or other valuables,".
Article 142. [ The Act on Access to Public Information] In the Act of 6 September 2001. on access to public information (Dz. U. No 112, pos. 1198, with late. 1. 66) ) in Article 22 par. 1 is replaced by the following
" 1. A party who has been refused access to public information on the grounds that it is excluded from public access to the protection of personal data, the right to privacy and a secret other than classified information, treasury secrecy or secrecy statistical, shall have the right to bring an action before the general court for such information to be made available. '.
Article 143. [ Law On Electronic Signature] In the Act of 18 September 2001. o electronic signature (Dz. U. Nr 130, poz. 1450, with late. 1. 67) ) the following amendments shall be made:
1) in art. 18 (1) 5.
" 5. The Internal Security Agency or the Military Contrintelligence Service, in accordance with the jurisdiction laid down in the provisions for the protection of classified information, shall evaluate the suitability of the equipment referred to in paragraph 1. 1 and 2, for the protection of classified information, and issue appropriate safety certificates. ';
2. in Art. 19 (1) 2.
" 2. For the fees referred to in paragraph 1. 1, the provisions referred to in Article 1 shall apply. 18 (1) 4, and the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). '
Article 144. [ The Act on the Internal Security Agency and the Intelligence Agency] In the Act of 24 May 2002 o Internal Security Agency and the Intelligence Agency (Dz. U. of 2010 Nr 29, pos. (154) The following amendments shall be made:
1) in art. 5 in the mouth. 1:
(a) in point 2 (a) and is replaced by the following
"(a) espionage, terrorism, unlawful disclosure or use of classified information and other offences related to the security of the State,",
(b) point 3 shall be replaced by
"3. implementation, within the limits of its competence, of the tasks related to the protection of classified information and the exercise of the functions of the national security authority in the protection of classified information in international relations;";
2. in Art. 9 ust. 4.
" 4. The Heads of the Agency, each in respect of their competence, shall determine by way of arrangements, which are classified information, the detailed rules for the creation and management of the operational fund. ';
3) in art. 12:
(a) in paragraph. 1 in point 11 (a) a and b are replaced by the following:
' (a) nationwide threats to the protection of classified information,
(b) the procedures for dealing with a national-wide threat resulting from the disclosure of classified information, and an assessment of the effects of the disclosure of such information, ',
(b) paragraphs 4.
" 4. The President of the Republic of Poland may delegate his representative to attend the meetings of the College, meeting the requirements set out in the provisions for the protection of classified information in the scope of access to classified information about the clause "Top Secret". ",
(c) paragraphs 6 is replaced by the following
" 6. The Secretary of the College shall appoint, from among those who comply with the requirements laid down in the provisions for the protection of classified information with regard to access to classified information, classified as 'top secret', and shall refer to the President of the Council of Ministers. ';
4) in art. 15 point 5 is replaced by the following:
"(5) fulfils the requirements of the provisions for the protection of classified information with regard to access to classified information with a" top secret "classification;";
5. in Art. 22a (b) 9 is replaced by the following
" 9. The President of the Council of Ministers shall determine, by means of the order not to be declared, the manner and mode of implementation by the Heads of the Agency of the duties referred to in paragraph 1, 3 and 4, having regard to the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
6) in art. 26 in the mouth. Point 8 shall be replaced by the following:
"8. in order to ward off a violent, imminent and unlawful assassination of a convoy protecting persons, materials containing classified information, money or other valuables;";
7) in art. 35 par. 7-9 are replaced by the following:
" 7. The President of the Council of Ministers shall determine, by way of order, the manner in which the competent authorities, services and institutions of the State are co-operated with the Head of ABW for the conduct of the register referred to in paragraph 1. 4, taking into account the requirements for the protection of classified information.
8. The heads of the Agency, each within the scope of their action, shall determine by way of orders, the detailed mode of issuing and storing the documents referred to in paragraph. In accordance with Article 4 (2) and (3), and the use of those documents, including the requirements for the protection of classified information.
9. The Head of the ABW shall determine, by way of ordinance, the manner in which the register referred to in paragraph is to be kept. 4, in accordance with the requirements for the protection of classified information. ';
8) in art. 39 (1) 6 is replaced by the following
" 6. In the event of refusing to release an officer, an employee or a person assisting them in the performance of operational and reconnasal activities from the obligation to keep secret information classified as 'secret' or 'top secret' or refusing the authorisation to provide classified information classified as 'secret' or 'top secret', despite the request of the prosecutor or the court, as notified in connection with criminal proceedings for a crime as defined in Article 105 § 1 of the Penal Code, or of a crime of human life, or of a trespass against life or health, when the death of man, the Head of the ABW or the Head of the AW presents the materials requested and an explanation of the First President of the Tribunal Highest. If the First President of the Supreme Court finds that the taking into account of the prosecutor's or the court's request is necessary for the correctness of the criminal proceedings, the Head of ABW or Head of AW shall be exempt from secrecy or make available the materials covered by the the secret. ';
9) in art. 40 par. 3.
" 3. The President of the Council of Ministers shall determine, by means of ordinance, the manner in which the Special Services with the Head of ABW shall cooperate in keeping the records referred to in paragraph 1. 2, taking into account the requirements for the protection of classified information. ';
10) in art. 47 para. 1 is replaced by the following
" 1. Before taking up the service, the officer of ABW or AW shall make a vow at the following rota:
" I, a citizen of the Republic of Poland, aware of the duties of an officer of the Internal Security Agency (Intelligence Agency), vow to serve the National faithfully, to protect the established Constitution of the Republic of Poland legal order, guarding the security of the State and its citizens, even with the exposure of life. In carrying out the tasks entrusted to me, I vow to obey the law as a matter of urgency, to grant constitutional allegiance to the authorities of the Republic of Poland, to observe the discipline of the service and to execute orders and orders of superiors. I vow to guard the secrecy of the legally protected, honour, dignity and good name of the service and to respect the principles of professional ethics. ";
11) in art. 85a ust. 2.
" 2. The heads of the Agency, each in respect of their jurisdiction, shall determine, by way of arrangements, the countries in whose territories the conditions set out in the paragraph are present. 1, in compliance with the requirements for the protection of classified information. ';
12) in art. 116 (1) 3.
" 3. The heads of the Agency, each in respect of their activities, shall determine, by means of orders, the classified information and the staged posts, the grade of the posts to the group of salaries and the degrees of staff assigned to them. '
Article 145. [ Aviation law] In the Act of 3 July 2002 -Air law (Dz. U. 2006 r. No. 100, pos. 696, of late. 1. 68) ) in Article 58 par. 2.
" 2. The register of aerodromes shall be public. The documents constituting the basis for entering the entry in the register shall be protected in accordance with the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). '
Article 146. [ Right of Proceedings before Administrative Courts] In the Act of 30 August 2002 -Right of proceedings before administrative courts (Dz. U. No. 153, pos. 1270, late. 1. 69) ) in Article 96 § 1 is replaced by the following:
" § 1. The court of its own motion shall administer the whole meeting or parts of a closed door if the public recognition of the case threatens the morality, the security of the State or the public order, and where circumstances may be disclosed which constitute the classified information. '.
Article 147. [ Law on the Supreme Court] In the Act of 23 November 2002. o Supreme Court (Dz. U. No 240, pos. 2052, with late. 1. 70) ) in Article Paragraph 1 is replaced by the following:
" § 1. At the appointment of a judge of the Supreme Court, he shall submit his oath to the President of the Republic of Poland in the following year:
" I vow solemnly as a judge of the Supreme Court to serve the faithfulness of the Republic of Poland, to uphold the law, the duties of the judge to fulfill conscientiously, justice to extinction in accordance with the law, impartially according to my conscience, to redeem the law. a secret to a legally protected person, and in proceedings to follow the principles of dignity and honesty "; the resignation may add at the end the phrase:" So help me God. ""
Article 148. [ Law on scientific degrees and scientific title, and on the degrees and title in the field of art] In the Act of 14 March 2003. with scientific degrees and scientific title, and about degrees and title in the field of art (Dz. U. Nr. 65, pos. 595, of 2005 Nr 164, pos. 1365 and 2010 Nr 96, pos. 620) in art. 17 para. 5.
" 5. The obligation to publish shall not apply to a habilitation dissertation containing classified information. '
Article 149. [ Postal law] In the Act of 12 June 2003. -Postal law (Dz. U. of 2008 Nr 189, item. 1159, 2009 Nr 18, pos. 97 i No 168, pos. 1323 and 2010 Nr 47, poz. 278) is amended as follows:
1) in art. 10 para. 3.
" 3. Statement of compliance with the condition referred to in paragraph 1. The following shall be consulted by the Minister of National Defence, the Minister responsible for the internal affairs or the Head of the Internal Security Agency, after consulting the Minister for National Defence. The opinion does not require justification if this would infringe the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
2. in Art. 26 in the mouth. Point 4 shall be replaced by the following:
" (4) the person entitled to receive the consignments at the office of the public authority referred to in Article 4. 1 (1) 2 point 1 of the Act of 5 August 2010. on the protection of classified information, where the addressee of a consignment is a public authority; '.
Article 150. [ Law on Social Welting] In the Act of 27 June 2003. about social renewal (Dz. U. Nr. 135, pos. 1268, with late. 1. 71) ) in Article 13 is amended as follows:
1) the paragraph shall be deleted. 2;
(2) (2) 3.
" 3. The provisions of the paragraph 1 shall apply mutatis mutandis to the pension authority. '.
Article 151. [ Law on the military service of professional soldiers] In the Act of 11 September 2003. about the military service of professional soldiers (Dz. U. of 2010 No. 90, item. 593, Nr. 107, pos. 679, Nr 113, pos. 745 and No. 127, pos. 857) is amended as follows:
1) in art. 58 par. 4.
" 4. The information contained in the statement referred to in paragraph 1. 1, constitute a legally protected secret and shall be subject to the protection provided for classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the professional soldier who made the statement, expressed the written consent to their disclosure. In particularly justified cases, the Minister of National Defence may disclose them despite the lack of consent making the declaration. ";
2. in Art. 59 (1) 2.
" 2. The commander of a military unit may prohibit the professional soldier from leaving abroad for purposes not related to the professional military service, if this requires regard to compliance with the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228) or significant organisational matters. ';
3) in art. 107 (1) 3.
" 3. The authorisation referred to in paragraph 1. 2, may be suspended or revoked by the Minister of National Defence if the reasons for protection of classified information and the needs of the Armed Forces so require. ".
Article 152. [ Public procurement law] In the Act of 29 January 2004. -Public procurement law (Dz. U. of 2010 Nr 113, pos. 759 and No. 161, pos. 1078) in art. Point 5 shall be replaced by the following:
"(5) contracts containing classified information, where the public interest or the relevant interest of the State so requires;".
Article 153. [ Investment Fund Law] In the Act of 27 May 2004. o Investment funds (Dz. U. Nr 146, pos. 1546, as of late. 1. 72) ) in Article 281 in the mouth. Point 8 shall be replaced by the following:
" (8) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau and their authorised in writing of the officers or soldiers to the extent necessary to carry out the examination under the provisions for the protection of classified information; '.
Article 154. [ The Act on Freedom of Economic Activity] In the Act of 2 July 2004. about the freedom of economic activity (Dz. U. 2007 Nr 155, poz. 1095, of late. 1. 73) ) the following amendments shall be made:
1) in art. 56 in the mouth. Point 2 shall be replaced by the following:
"(2) due to the threat of defence or security of the State or of citizens;";
2. in Art. 58 par. 3.
" 3. The licensing authority may withdraw the concession or change its scope due to the threat of defence or security of the State or of the security of the citizens, and in the event of the bankruptcy of the trader. ';
3) in art. 91 in the mouth. Point 3 shall be replaced by the following:
"(3) the activity of a foreign entrepreneur threatens the security or defence of the State, the security of classified information with a classification of" confidential "or higher or other important public interest.";
4) in art. 99 in the mouth. Point 1 shall be replaced by the following:
" (1) the establishment of a representative would endanger the security or defence of the State or the security of classified information with a 'confidential' classification or a higher or other important public interest; ';
5. in Art. 101 in para. Point 3 shall be replaced by the following:
"(3) the activity of a foreign entrepreneur threatens the security or defence of the State, the security of classified information with a classification of" confidential "or higher or other important public interest."
Article 155. [ The Act on Public Health Care Benefits] In the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027, of late. 1. 74) ) in Article 188 par. 6 is replaced by the following
" 6. The Council of Ministers may lay down, by means of a regulation, the persons referred to in Article 4. 66 (1) 1 points 2 to 9, for which, in view of the need to ensure the security of the forms and methods of carrying out the tasks to be protected in accordance with the provisions on the protection of classified information, a separate processing mode of the data referred to in paragraph 1 shall apply. (4) The Regulation should, in particular, specify the personal data to be processed, the way in which they are processed and the entity entitled to collect and process them. '
Article 156. [ Telecommunications Law] In the Act of 16 July 2004. -Telecommunications law (Dz. U. Nr. 171, pos. 1800, with late. 1. 75) ) the following amendments shall be made:
1) in art. 123 9 is replaced by the following
" 9. If the reasons for the opinion or request of the authorities referred to in paragraph 1 are justified. 8, indicating the circumstances leading to the threat of defence, state security or security and public order shall contain classified information, instead of justifying the notification that such justification has been drawn up. ';
2. in Art. 201 (1) 6 is replaced by the following
" 6. Prior to the adoption of the decision referred to in paragraph 1. 5, the President of UKE shall consult the Minister of National Defence, the Minister responsible for internal affairs, the Head of the Internal Security Agency or the Head of the Intelligence Agency, in terms of their properties. Where the reasons for the opinion of those authorities contain classified information, the statement of reasons shall be notified instead of the statement of reasons. ';
3) in art. 202 par. 4.
" 4. The actions referred to in paragraph 1. 1, the President of UKE may also, at the request of the authorities competent in matters of defence, state security and security and public order. Where the reasons for the request of those authorities contain classified information, it shall be served, instead of justifications, that such reasons have been drawn up. '
Article 157. [ Law on the profession of sworn interpreter] In the Law of 25 November 2004. with the profession of the sworn translator (Dz. U. No. 273, pos. 2702 and 2006 No. 107, item. 722) in art. 7 ust. 1 is replaced by the following
" 1. The translator of the jury shall submit to the Minister of Justice the oath according to the following rota:
" Having an awareness of the meaning of my words and responsibilities before the law, I pledge to solemnly promise that the tasks of the sworn translator entrusted to me will perform conscientiously and impartially, while keeping the secret of the law protected and guided in its own '.'. '.'. '.
Article 158. [ The law on liability for violation of the discipline of public finances] In the Law of 17 December 2004. on the responsibility for violation of the discipline of public finances (Dz. U. of 2005 No 14, pos. 114, z Late. 1. 76) ) the following amendments shall be made:
1) in art. 91 (1) 5.
" 5. A witness may refuse to answer questions as to the circumstances of the classified information, unless he is exempted from the obligation of secrecy in the mode and under the rules laid down in separate provisions. The exemption may be refused only if the submission of an explanation or a reply could cause serious harm to the State. ';
2. in Art. 96 (1) 3.
" 3. Documents, opinions or other information, including classified information, shall be provided to the Ombudsman in accordance with the procedure and rules laid down in the provisions for the protection of classified information only in the case of an exemption from the obligation of secrecy, referred to in art. 91 (1) 5. ';
3) in art. 119 in the mouth. Point 1 shall be replaced by the following:
"(1) for reasons of state security or the protection of classified information;".
Article 159. [ The Act on computerisation of the activities of entities carrying out public tasks] In the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. No 64, pos. 565, of late. 1. 77) ) the following amendments shall be made:
1) in art. 4 point 2 is replaced by the following:
" 2) of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). ';
2. in Art. 25 par. 2.
" 2. The scrutiny referred to in paragraph 1. 1, may not relate to classified information or information and data constituting a different legally protected secret contained in controlled ICT systems and public registers, as well as lead to disclosure or jeopardise disclosure, subject to art. 26 par. 3 point 4. ';
3) in art. 26 in the mouth. Point 4 shall be replaced by the following:
" (4) of the current security certificate authorising access to classified information, where the control is to concern information and communication systems or public registers containing information and data classified as classified information. a classification of 'confidential' or 'confidential'. '
Article 160. [ Law on the collection, storage and transplantation of cells, tissues and organs] In the Act of 1 July 2005 o collection, storage and transplantation of cells, tissues and organs (Dz. U. Nr. 169, pos. 1411 and 2009 No. 141, pos. 1149) in art. 19 (1) 1 is replaced by the following
" 1. Personal data relating to the potential donor, donor, potential recipient and recipient are covered by the secrecy and shall be subject to the protection provided for by the provisions of legally protected secrecy and in the provisions concerning medical records carried out by the health care facilities. ".
Article 161. [ Law on the Prosecutor's Office of the General Treasury] In the Act of 8 July 2005. o Procuratoria General of the State Treasury (Dz. U. Nr. 169, pos. 1417, of late. 1. 78) ) art. 33 is replaced by the following
" Art. 33. Before the appointment of the appointment of the Councillor of the General Prosecutor's Office and the Senior Councillor of the General Prosecutor's Office, referred to in Article 30 paragraphs 2 to 5, in relation to the President of the Prosecutor General's Office, according to the following year: " I pledge solemnness to the position entrusted to me to serve the faithfulness of the Republic of Poland, to uphold the law and to safeguard the rights and interests of the State Treasury, obligations to fulfil their duties conscientiously, to keep the secret of the law protected, and in proceedings to follow the principles of dignity and integrity. " The resignation can add at the end a phrase: "So help me God". "
Article 162. [ The Act on Trading in Financial Instruments] In the Law of 29 July 2005 marketing of financial instruments (Dz. U. Nr 183, pos. 1538, with late. 1. 79) ) in Article Point 7 of the first paragraph is replaced by
" (7) Internal Security Agency, Military Counterintelligence Service, Intelligence Agency, Military Intelligence Service, Central Anti-Corruption Bureau, Police, Military Police, Border Guard, Prison Service, Government Security Bureau and their authorised in writing of the officers or soldiers, to the extent necessary to carry out the examination under the provisions for the protection of classified information; '.
Article 163. [ The Act on the Return to Physical Persons of Certain Expenses related to housing construction] In the Act of 29 August 2005. to reimbursable natural persons of certain expenses related to housing construction (Dz. U. Nr 177, pos. 1468, 2007 No. 23, pos. 138 i No 192, pos. 1382 and 2010 Nr 56, pos. 338) art. 6a is replaced by the following:
" Art. 6a. Where justified by the protection of classified information and the security requirements of the State, the adoption of the applications referred to in Article 4 (1) of the Regulation. 5 par. 1, the issuing of decisions determining the amount of the refund and for making the refund referred to in Article 3 para. 1, the authorities referred to in Article 1 shall be entitled. 13a of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. 1. 80) ). '.
Article 164. [ Law on the Central Anti-Corruption Bureau] In the Act of 9 June 2006. o Central Anti-Corruption Bureau (Dz. U. Nr 104, poz. 708, of late. 1. 81) ) the following amendments shall be made:
1) in art. 4 par. 3.
" 3. The Head of the Central Anti-Corruption Bureau shall, by way of order, determine the specific detailed rules for the creation of the operational fund referred to in paragraph 1. 2, and the management of this fund. ';
2. in Art. 7 in the mouth. Point 5 is replaced by the following:
"(5) fulfils the requirements of the provisions for the protection of classified information with regard to access to classified information with a" top secret "classification;";
3) in art. 16 in the mouth. Point 8 shall be replaced by the following:
"8. in order to ward off a violent, imminent and unlawful assassination of a convoy protecting persons, materials containing classified information, money or other valuables;";
4) in art. 24 ust. 5.
" 5. The President of the Council of Ministers shall determine, by means of ordinance, a detailed procedure for the issuing and keeping of the documents referred to in paragraph. 2 and 3, and the use of these documents, taking into account the requirements for the protection of classified information. ';
5. in Art. 28 para. 5.
" 5. In the event of a refusal to release an officer, an employee or a person assisting them in the performance of an operational and reconnament task from the obligation to keep classified information classified as 'secret' or 'top secret', or denial of authorisation to provide classified information classified as 'secret' or 'top secret', despite the request of the prosecutor or the court, notified in connection with criminal proceedings for crimes against peace, humanity, and acts of war crimes and human dignity, or of a trespass against life or health, when his aftermath was the death of a man, the Head of the CBA presents the material requested and an explanation to the First President of the Supreme Court. If the First President of the Supreme Court finds that the taking into account of the prosecutor's or the court's request is necessary for the correctness of the criminal proceedings, the Head of the CBA shall be obliged to exempt from secrecy or make available the material covered by the secret. ";
6) in art. 29 par. 3.
" 3. The President of the Council of Ministers shall determine, by means of ordinances, conditions, scope and mode:
1) cooperation in the scope referred to in the paragraph. 1,
2. the coordination referred to in paragraph 1. 2
-with a view to ensuring the efficiency and effectiveness of proceedings, and taking into account the requirements for the protection of classified information. ';
7) in art. 107 in the mouth. Point 9 shall be replaced by the following:
"9) loss of material containing classified information;".
Article 165. [ Law on the Service of Military Intelligence and Military Intelligence Service] In the Act of 9 June 2006. on the service of the Military counterintelligence service and the Military Intelligence Service (Dz. U. Nr 104, poz. 709 and No. 218, pos. 1592, 2007 Nr 25, pos. 162 and 2009 Nr 85, pos. 716) is amended as follows:
1. 1 is replaced by the following
" Art. 1. The Military Contrintelligence Service, hereinafter referred to as "SKW", is being created as a special service, competent in matters of protection against internal threats to the defence of the State, security and combat capability of the Armed Forces of the Republic of Poland, called hereinafter referred to as "SZRP", and other organisational units subordinate to or supervised by the Minister of National Defence. ";
2. in Art. 5 in the mouth. Point 3 shall be replaced by the following:
" 3) realization, within the limits of its property, tasks specified in the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228); ';
3) in art. 11 (1) 3.
" 3. The heads of SKW and SWW, each to the extent of their property, after approval by the Minister of National Defence, determine, by means of orders, constituting information classified detailed rules for the creation and management of the operational fund referred to in paragraph 2. ';
4) in art. 16 point 5 is replaced by the following:
" 5) meets the requirements laid down in the provisions of the Act of 5 August 2010. the protection of classified information with regard to access to classified information with a 'top secret' classification; ';
5. in Art. Paragraph 3 shall be replaced by the following:
" 3) resulting from the provisions of the Act of 5 August 2010. the protection of classified information. ';
6) in art. 27 ust. 9 is replaced by the following
" 9. The Minister of National Defence, with the consent of the President of the Council of Ministers, will determine, by means of order, the manner and mode of implementation by SKW and the SWW of the duties set out in the paragraph. 1, 3 and 4, having regard to the provisions of the Act of 5 August 2010. the protection of classified information. ';
7) in art. 30 in the mouth. Point 6 shall be replaced by the following:
"6) in order to ward off a violent, direct and unlawful assassination on a person's protection convoy, materials containing classified information, money or other valuables.";
8) in art. 39 (1) 7 is replaced by the following
" 7. The heads of SKW and SWW, each in terms of their action, shall determine, by means of orders, a detailed mode of issuing and storing the documents referred to in paragraph. 2 and 3, and the use of these documents, taking into account the requirements for the protection of classified information. ';
9) in art. 43 par. 6 is replaced by the following
" 6. In the event of refusing to release an officer, an employee or a person assisting them in the performance of operational and reconnasal activities from the obligation to keep secret information classified as 'secret' or 'top secret' or refusing the authorisation to provide classified information classified as 'secret' or 'top secret', despite the request of the prosecutor or the court, as notified in connection with criminal proceedings for a crime as defined in Article 105 § 1 of the Act of 6 June 1997. -The penal code, or the crime of human life, or the trespass against life or health, when the death of the man, the Head of the SKW or the Head of the SWW, presents the material requested and an explanation of the First President of the Supreme Court. If the First President of the Supreme Court finds that the taking into account of the prosecutor's or the court's request is necessary for the correctness of the criminal proceedings, the Head of SKW or Head of the SWW shall be obliged to exempt from secrecy or make available the materials covered by the secret. '.
Article 166. [ Law on the service of the officers of the Military Counterintelligence Service and the Military Intelligence Service] In the Act of 9 June 2006. of the service of the officers of the Military Counterintelligence Service and of the Military Intelligence Service (Dz. U. Nr 104, poz. 710, 2009 No. 114, item. 957 and 2010 Nr 113, pos. 745) is amended as follows:
1) in art. 76 (1) 4.
" 4. The Head of the SKW and the Head of the SWW shall, each within the scope of their action, determine, by means of orders, the classified information and the staged posts, the grading of these posts in the salary groups and the staged posts. ';
2. in Art. 106 in the mouth. Point 7 is replaced by the following:
"(7) loss of professional firearms, ammunition or service cards, and material containing classified information."
Article 167. [ Law on Food Safety and Nutrition] In the Act of 25 August 2006. on food safety and nutrition (Dz. U. of 2010 No. 136, pos. 914) in art. 76 (1) 2.
" 2. The information, documents and other data constituting the business secrets obtained by the official food control authorities shall not be communicated to the other authorities or disclosed where this is not necessary for the protection of life or human health, excluding the request of the court or the public prosecutor in connection with the ongoing proceedings. ".
Article 168. [ The Act on Disclosure of Information on Documents of the State Security Authorities from the years 1944-1990 and the content of these documents] By Law of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. 2007 Nr 63, poz. 425, of late. 1. 82) ) the following amendments shall be made:
1. 9 is replaced by the following
" Art. 9. The persons making a statement of interest shall be exempt from the obligation of secrecy in respect of his or her content. ';
2. in Art. 18 (1) 2a is replaced by the following
' 2a. The Tribunal may exclude the disclosure of all or part of the trial also at the request of the prosecutor of the Lustration Office or the prosecutor of the branch office of the Lublin Institute of National Remembrance, if there is a concern about the disclosure of classified information. "
Article 169. [ The Act on the system of conformity assessment of products intended for defence and state security] In the Act of 17 November 2006. a system of conformity assessment of products intended for the defence and security of the State (Dz. U. No 235, pos. 1700) is amended as follows:
1) in art. 2 in the mouth. Paragraph 2 is replaced by the following:
" (2) the products referred to in Article 3. 50 of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228); ';
2. in Art. 14 para. 2.
" 2. Compliance with the requirement referred to in paragraph 1 shall be met. 1 point 5, shall be assessed by the Internal Security Agency or the Military Contrintelligence Service, in accordance with the jurisdiction laid down in the provisions on the protection of classified information, by issuing an opinion on this matter. '.
Article 170. [ The Act on the Inventory of Petroleum, Petroleum Products and Natural Gas and the Rules of Procedure in Situations Of Threat Of Fuel Security of the State and Disturbances on the Petroleum Market] In the Act of 16 February 2007. the stocks of crude oil, petroleum products and natural gas and the rules of conduct in situations of risk of fuel security of the state and disturbances on the oil market (Dz. U. Nr 52, pos. 343, of 2008 Nr 157, poz. 976, of 2009 No 3, pos. 11 and 2010 Nr 81, pos. 532) is amended as follows:
1) in art. 13 (1) 6 is replaced by the following
" 6. The unit data contained in the register shall be protected under the conditions set out in the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228), with the exception of the data referred to in paragraph 1. 3 point 1. ';
2. in Art. 22 par. 4.
" 4. To the information referred to in paragraph 1. 1-3, the provisions of the Act of 5 August 2010 apply accordingly. of the protection of classified information, subject to the paragraph. 5. ';
3. Article 45 is replaced by the following
" Art. 45. To the information contained in the documents referred to in art. 31, and the plans referred to in art. 44 par. 1 point 4, the provisions of the Act of 5 August 2010 apply accordingly. o the protection of classified information. '.
Article 171. [ The Act on the State Labour Inspectorate] In the Act of 13 April 2007. o The State Labour Inspectorate (Dz. U. Nr. 89, pos. 589, with late. 1. 83) ) the following amendments shall be made:
1) in art. 23:
(a) paragraphs 4.
" 4. In order to maintain the confidentiality of personal data referred to in paragraph 1. 2, the employer shall be entitled to a complaint within 3 days from the date of service of the order. The complaint to the labour inspector shall be recognised by the competent district labour inspector. The proceedings concerning the complaint shall be made without the participation of the employer and excluding public disclosure. ',
(b) paragraphs 6 is replaced by the following
" 6. The Chief Labour Inspector shall determine the rules of conduct with the interrogation protocols and other documents referred to in paragraph. 2-5. ';
2. in Art. 44 par. 1 is replaced by the following
" 1. Staff carrying out control activities shall be responsible for the conscientious performance of their duties, in particular for the fair and objective recognition and documentation of the results of the checks and for compliance with the provisions on information protection implicit '.
Article 172. [ The Syndicate Licence Act] In the Law of 15 June 2007. about a syndicate license (Dz. U. No 123, pos. 850 and 2009 No. 223, item. 1777) in art. 15 para. 1 is replaced by the following
" 1. A person who has been granted a syndicate licence shall submit to the Minister of Justice, prior to entry to the list of persons holding a licence, the syndicate referred to in Article 17 para. 1, vow according to the following year: " Having an awareness of the meaning of my words and responsibilities before the law, I vow solemnly that entrusted to me obligations in bankruptcy or remedial proceedings I will be fulfilling conscientiously and impartially, doching the mysteries of the law protected and the principles of dignity, integrity and ethics in their conduct. ".
Article 173. [ The Act on the provision of information on the environment and its protection, public participation in environmental protection, and on environmental impact assessments] In the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2008 Nr 199, pos. 1227, of late. 1. 84) ) in Article 2. 1 is replaced by the following
" 1. The provisions of the Act do not violate the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). '
Article 174. [ Act on concessions for works or services] In the Act of 9 January 2009 concerning works or services concessions (Dz. U. Nr 19, pos. 101, Nr 157, poz. 1241 and No. 223, pos. 1778 and 2010 No. 106, pos. 675) in art. 4 in the mouth. Point 1 shall be replaced by the following:
"(1) the performance of which is related to access to classified information classified as" confidential "or higher, or if its execution must be accompanied by specific security measures, or if the protection of the essential interests of the State so requires;".
Article 175. [ The Act on the National School of Judiciary and Prosecution] In the Act of 23 January 2009. about the National School of Judiciary and Prosecutor's Office (Dz. U. Nr 26, pos. 157, No. 56, pos. 459, Nr 178, poz. 1375 i Nr 223, poz. 1777) is amended as follows:
1. 24 is replaced by the following
" Art. 24. Before taking up his duties the general application shall be submitted to the Director of the National School in accordance with the following year: " I solemnly solemnly fulfil the duties of the application of the application of the National School of Judiciary and Prosecutor's Office, in the proceedings follow the principles of dignity and integrity, take care of the good name of the National School of Judiciary and Prosecution, and keep the secret of legally protected "; making a vow can add a phrase:" So help me God ".";
2. Article 30 is replaced by the following
" Art. 30. Before taking up the duties of an application officer or a prosecutor, he shall take a vow to the Director of the National School in accordance with the following year: " I solemnly solemnly fulfil the duties of the applicant of the National School of Judiciary and Prosecutors, in proceedings follow the principles of dignity and integrity, take care of the good name of the National School of Judiciary and Prosecution, and to keep the secret of legally protected "; making a vow can add a phrase:" So help me God "."
Article 176. [ Law on statutory auditors and their self-government, entities entitled to audit financial statements and on public oversight] In the Act of 7 May 2009 about the experts and their local authorities, entities entitled to audit financial statements and on public supervision (Dz. U. Nr 77, pos. 649) in art. 101 (1) 2.
" 2. Transmission of the review documentation referred to in paragraph 1. 1, it should be in accordance with the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. 1. 85) ) and with the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228), and professional secrecy should be properly protected. ".
Article 177. [ Act on Customs Service] In the Act of 27 August 2009. o Customs Service (Dz. U. Nr. 168, pos. 1323 i Nr 201, poz. 1540) is amended as follows:
1) in art. 8 ust. 8 is replaced by the following
" 8. The provisions of customs secrecy shall not apply to information to be protected under the provisions on the protection of classified information. ';
2. in Art. 123 2.
" 2. The content of the declaration on the property shall constitute a legally protected secret and shall be protected under the protection provided for by the classified information classified as 'reserved' in the provisions for the protection of classified information. '
Article 178. [ Law on the Prison Service] In the Act of 9 April 2010. o Prison Service (Dz. U. Nr. 79, pos. 523) is amended as follows:
1) in art. Paragraph 6 is replaced by the following:
"6. in order to support the direct assassination of a convoy protecting persons, firearms, ammunition, classified information, money or other valuables;"
2. in Art. Point 5 is replaced by the following:
" 5) gives a guarantee of secrecy, in accordance with the requirements laid down in the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228); ';
3) in art. 41 par. 1 is replaced by the following
" 1. By taking the service, the officer shall make a written vow according to the following rota:
" I, a citizen of the Republic of Poland, ascending to the Prison Service, vow to solemnost: to reliably perform the tasks assigned to me by the officer of this Service and to the command of the superiors, observing the Constitution of the Republic of Poland and all the law, as well as the secrets of the service, as well as the rules of professional ethics, with particular regard to respect for human dignity and with attention to the good name of the service. '
The vow can be made with the addition of the words "So help me God". "
Article 179. [ The Act on the provision of economic information and the exchange of economic data] In the Act of 9 April 2010. on providing economic information and the exchange of economic data (Dz. U. Nr 81, pos. 530) in art. 34 point 8 is replaced by the following:
" 8) access to legally protected information, subject to the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228). '
Article 180. [ Telecommunications Law] In the Act of 29 April 2010. on the amendment of the Act-Telecommunications Law (Dz. U. Nr 86, pos. 554) in art. 4 words " art. 60 par. 1a 'shall be replaced by the words' Article 60a par. 1a ".
Chapter 12
Transitional and final provisions
Article 181. [ The review deadline for materials containing classified information] 1. The managers of the organizational units shall carry out, within 36 months from the date of entry into force of the Act, a review of the materials produced in their subordinate units containing classified information in order to determine whether they meet the the statutory conditions of protection under the law, and shall, if necessary, amend or abolish the classification.
2. The obligation referred to in paragraph. 1, it shall not apply to the harvesting of finished case materials and record boxes, in particular those constituting the archive material, which are transmitted to the relevant archives on the basis of separate provisions.
3. The manager of the appropriate archive, in justified cases, may ask the manager of the organizational unit, who provided the archive material referred to in the mouth. 2, to carry out a review of this material in order to determine whether it meets the statutory conditions of protection, and to amend or abolition of the classification as necessary.
Article 182. [ Validity of security attestas] Security certificates issued on the basis of existing regulations shall remain valid for the period specified in those provisions.
Article 183. [ Application of provisions of the Act] Article Recipe 14 para. 3 (2) shall apply to the security agents and alternate security agents employed after the entry into force of the Act.
Article 184. [ Information on the operation of secret firms] Managers of organizational units in which on the day of the entry into force of the law the law firm shall function shall inform about them within 3 months from that date of ABW or SKW respectively, with the specification of the classification of the information processed implicit.
Article 185. [ Accreditation of the ICT system] 1. The credits of the ICT systems granted before the entry into force of the Act shall remain valid until such time as the amendments are made in the computer system, which may have a significant impact on the security of the computer, but no longer than for a period of 5 years from the entry into force of the Act.
2. Re-accreditation of the IT system shall be carried out in accordance with art mode. 48. ABW or SKW, by reaccreditation, may refrain from carrying out an audit of the security of the IT system, irrespective of the classification of classified information processed in the ICT system.
3. Technical measures authorised for use on the basis of art. 60 par. 8 of the Act referred to in art. 190, may be used up to the time of obtaining required in the provisions of this Act of Accreditation Of ICT Security, however, no longer than for a period of 12 months, subject to art. 51.
Article 186. [ Period of validity of industrial safety certificates] 1. Industrial security certificates issued on the basis of existing regulations, valid on the date of entry into force of the Act, confirming the ability to protect classified information:
1. the "top secret" clause shall also confirm the ability to protect classified information with a "secret" and "confidential" clause during the period specified in this Act;
2. the "secret" clause shall also confirm the ability to protect classified information with a "confidential" clause during the period specified in this Act.
2. The periods of validity of the certificates referred to in paragraph. 1, shall be counted from the date of issue of the certificate.
Article 187. [ Deadline for obtaining a safety certificate] Undertakings performing contracts relating to access to classified information with a 'confidential' clause, not having on the date of entry into force of the Law of a valid industrial security certificate, should obtain such a certificate within 12 months of the date on which the contract is issued. entry into force of the Act.
Article 188. [ Application of existing provisions] The current provisions shall apply to investigations, audit investigations and industrial security proceedings instituted and not completed before the entry into force of the law.
Article 189. [ Enforcement of implementing rules] 1. Existing implementing rules issued on the basis of art. 14 para. 4, art. 17 para. 2, art. 18a par. 2, art. 23 (1) 3, art. 36 ust. 3, art. 53 (1) 1-4, art. 55, art. 62 ust. 1, art. 63 par. 4, art. 74 and art. 74a ust. 2 of the Act referred to in art. 190, they retain power until the date of entry into force of the implementing rules issued on the basis of art. 6 para. 9, art. 12 (1) 6, art. 13 (1) 4, art. 18 (1) 1, art. 20 para. 2, art. 29 par. 6, art. 30 par. 8, art. 33 (1) 12, art. 47 para. 1, 3 and 5, art. 49 (1) 9, art. 53 (1) 4, art. 61 (1) 2 and Art. 68 par. 1 of this Act, however, no longer than for a period of 12 months from the date of its entry into force.
2. Existing implementing rules issued on the basis of art. 17 para. 3 of the Act referred to in art. 84, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 17 para. 3 of this Act as amended by this Act, but no longer than for a period of 12 months from the date of its entry into force.
3. Existing implementing rules issued on the basis of art. 7 ust. 2 of the Act referred to in art. 91, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 7 ust. 2 of this Act as amended by this Act, but no longer than for a period of 12 months from the date of its entry into force.
Article 190. [ Repealed provisions] The Law of 22 January 1999 shall be repealed. on the protection of classified information (Dz. U. of 2005 Nr 196, pos. 1631, from late. 1. 86) ).
Article 191. [ Entry into force] The Act shall enter into force after 3 months from the day of the notice except for Article 131, which shall enter into force on 1 January 2013.
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1) This Act is amended by the Act of 31 January 1959. of the cemeteries and the hiding of the dead, the Act of 14 June 1960. -Code of Administrative Procedure, Act of 1 December 1961. o Chambers of the Sea, the Act of 17 November 1964. -Code of Civil Procedure, Act of 21 November 1967. of the universal defence obligation of the Republic of Poland, the Act of 26 June 1974. -Labour Code, Act of 26 March 1982. o Court of State, Law of 6 July 1982. on the rules of conduct on the territory of the Polish People's Republic of Poland in the field of small manufacturing by foreign legal and physical persons, the Act of 16 September 1982. o employees of government offices, law of 24 June 1983. with a social work inspection, the Act of 14 July 1983. with the national archives and archives, the Act of 26 January 1984. -Press law, Act of 14 March 1985. o State Sanitary Inspectorate, Act of 18 April 1985. on inland fishing, the Act of 20 June 1985. o Prosecutor's Office, the Act of 31 July 1985. on the duties and rights of Members and senators, the Act of 15 July 1987. o The Ombudsman, the Act of 17 May 1989. -Geodetic and Cartographic Law, Act of 6 April 1990. o Police, the Act of 12 October 1990. o Border Guard, the Act of 14 February 1991. -Law on notariate, Act of 20 July 1991. o Inspection of the Environment, Law of 26 July 1991. on personal income tax, the Act of 24 August 1991. on the State Fire Service, the Act of 28 September 1991. on the tax control, the Act of 29 December 1992. o Broadcasting, the Act of 19 August 1994. on the protection of mental health, the Act of 23 December 1994. of the Supreme Chamber of Control, the Act of 22 June 1995. with the accommodation of the Armed Forces of the Republic of Poland, the Act of 13 October 1995. on the rules for the registration and identification of taxpayers and payers, the Act of 9 May 1996. on the implementation of the mandate of a Member and a senator, the Act of 21 June 1996. about certain powers of the employees of the office serving the Minister responsible for internal affairs and the officers and employees of the offices supervised by that Minister, the Act of 30 August 1996. on commercialisation and privatisation, the Act of 6 June 1997. -Penal Code, Act of 6 June 1997. -Code of Criminal Procedure, Act of 6 June 1997. -Code of Criminal Law, Act of 20 June 1997. -Law on road traffic, law of 25 June 1997. with the Crown witness, the Act of 1 August 1997. o Constitutional Court, the Act of 21 August 1997. -Law on the regime of military courts, the Law of 21 August 1997. of the restriction of the conduct of the business by persons performing public functions, the Act of 22 August 1997. on the protection of persons and property, the Act of 28 August 1997. of the organisation and functioning of pension funds, the Act of 29 August 1997. of the municipal guards, the Act of 29 August 1997. of court bailiers and executions, of the Act of 29 August 1997. -Tax Ordinance, Act of 29 August 1997. -Banking law, Law of 29 August 1997. on the protection of personal data, the Act of 13 October 1998. the social security scheme, the Act of 18 December 1998. o Institute of National Remembrance-Commission for the Prosecution Of Crimes against the Polish Nation, Act of 18 December 1998. of the employees of the courts and the public prosecutor's office, the Act of 21 January 1999. about the Sejm of Inquiry, the Act of 6 January 2000. o The Ombudsman of the Rights of the Child, Act of 30 June 2000. -Industrial Property Law, Act of 26 October 2000. o freight exchanges, the Act of 16 November 2000. anti-money laundering and the financing of terrorism, the Law of 15 December 2000. o Trade Inspection, Act of 21 December 2000. on Inland Navigation, the Act of 11 January 2001. of chemical substances and preparations, of the Act of 16 March 2001. o Government Security Office, Act of 27 April 2001. -Environmental law, Law of 22 June 2001. on the implementation of the Convention on the Prohibition of the Conduct, Production, Stockpiling and Use of Chemical Weapons and on the destruction of its stockpiles, the Act of 6 July 2001. concerning the collection, processing and transfer of criminal information, the Act of 18 July 2001. -Water law, law of 27 July 2001. o court curators, the Act of 27 July 2001. -Law on the grounds of the ordinary courts, the Law of 24 August 2001. -Code of Conduct on Infringements, Act of 24 August 2001. of the Military Gendarmerie and the military ordinal authorities, the Act of 6 September 2001. on access to public information, the Act of 18 September 2001. an electronic signature, the Act of 24 May 2002. o Internal Security Agency and the Intelligence Agency, Act of 3 July 2002. -Aviation Law, Act of 30 August 2002. -Right of proceedings before administrative courts, the Act of 23 November 2002. o Supreme Court, the Act of 14 March 2003. on scientific degrees and scientific title, and on the degrees and title in the field of art, the Act of 12 June 2003. -Postal law, the Law of 27 June 2003. on social renewal, Act of 11 September 2003. on the military service of the professional soldiers, the Act of 29 January 2004. -Public Procurement Law, Act of 27 May 2004. o Investment funds, the Act of 2 July 2004. on the freedom of economic activity, the Act of 27 August 2004. on public health care benefits financed by public funds, the Act of 16 July 2004. -Telecommunications law, Law of 25 November 2004. with the profession of the sworn translator, the Act of 17 December 2004. on the liability for a breach of the discipline of public finances, the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks, the Act of 1 July 2005. on the collection, storage and transplantation of cells, tissues and organs, the Act of 8 July 2005. o Procuratorii General Skarbu Państwa, ustawa z dnia 29 lipca 2005 r. on trading in financial instruments, the Act of 29 August 2005. to reimbursable natural persons of certain expenditure relating to housing construction, the Act of 9 June 2006. o The Central Anti-Corruption Bureau, the Act of 9 June 2006. on the service of the Military Contrintelligence Service and the Military Intelligence Service, the Act of 9 June 2006. on the service of officers of the Military Counterintelligence Service and of the Military Intelligence Service, by law of 25 August 2006. on food safety and nutrition, the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents, the Act of 17 November 2006. on the system of conformity assessment of products intended for defence and state security purposes, the Act of 16 February 2007. of oil stocks, oil products and natural gas and the rules of procedure in situations of risk of fuel security of the State and disturbances on the oil market, the Act of 13 April 2007. o The State Labour Inspectorate, Act of 15 June 2007. o syndicate licence, the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, the Act of 9 January 2009. a concession for works or services, the Act of 23 January 2009. about the National School of Judiciary and Prosecutor's Office, the Act of 7 May 2009. of the experts and their local authorities, entities entitled to audit financial statements and on public oversight, the Act of 27 August 2009. o Customs Service, Act of 9 April 2010. o Prison Service, Act of 9 April 2010. on the provision of economic information and the exchange of economic data and the Act of 29 April 2010. on the amendment of the Act-Telecommunications Law.
2) The amendments to the said Act were announced in Dz. U. of 2004 Nr 96, pos. 959 and No. 173, pos. 1808, 2007 Nr 50, poz. 331, of 2008. No. 171, item. 1056 and No. 216, pos. 1371 and 2009 Nr 201, pos. 1540.
3) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 180, pos. 1280, 2008 Nr 70, poz. 416, Nr 116, poz. 732, Nr 141, poz. 888, Nr 171, pos. 1056 and No. 216, pos. 1367, of 2009 No 3, pos. 11, Nr 18, poz. 97, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 47, poz. 278 and No. 107, pos. 679.
4) Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 49, poz. 509, of 2002. Nr 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188 and No. 170, pos. 1660, 2004 Nr 162, pos. 1692, 2005 No. 64, pos. 565, Nr. 78, pos. 682 and No. 181, pos. 1524, 2008 No. 229, item. 1539, 2009 No. 195, pos. 1501 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230 and No 167, pos. 1131.
5) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 64, pos. 432, Nr 83, poz. 561, Nr 85, poz. 571 and No. 140, pos. 983, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522 and Nr 94, pos. 602.
6) Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 83, pos. 561, Nr 85, poz. 571, No. 115, pos. 789, Nr. 165, pos. 1171 and No 176, pos. 1242, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522, Nr 96, poz. 620, Nr 127, pos. 857 and No. 155, pos. 1036.
7) The amendments to the said Act were announced in Dz. U. 2000 r. Nr 48, poz. 550, 2004 No. 146, pos. 1546 i Nr 152, poz. 1598 and 2005. No. 23, pos. 187 and No 164, pos. 1365.
8) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 126, pos. 1070, No. 141, pos. 1178, Nr 144, poz. 1208, No. 153, pos. 1271, Nr 169, poz. 1385 and 1387 and No 241, pos. 2074, 2003 Nr 50, poz. 424, Nr 60, poz. 535, Nr. 65, pos. 594, Nr 228, poz. 2260 and No. 229, pos. 2276, 2004 No. 64, pos. 594, Nr 68, poz. 623, Nr 91, poz. 870, Nr 96, poz. 959, Nr 121, poz. 1264, Nr 146, poz. 1546 and No. 173, pos. 1808, 2005 Nr 83, pos. 719, Nr 85, poz. 727, No 167, pos. 1398 and No 183, pos. 1538, 2006 Nr 104, pos. 708, No. 157, pos. 1119, No. 190, pos. 1401 and No 245, pos. 1775, 2007 Nr 42, pos. 272 and No 112, pos. 769, of 2008 No. 171, item. 1056, Nr 192, pos. 1179, Nr 209, poz. 1315 and No. 231, pos. 1546, 2009 Nr 18, pos. 97, Nr 42, poz. 341, No. 65, pos. 545, No. 71, pos. 609, Nr 127, pos. 1045, Nr 131, poz. 1075, Nr 144, poz. 1176, Nr. 165, pos. 1316, Nr 166, pos. 1317, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 40, pos. 226, Nr. 81, pos. 530 and No. 126, pos. 853.
9) Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 85, pos. 727, Nr 86, pos. 732 and Nr 143, pos. 1199, 2006 No. 66, pos. 470, Nr 104, poz. 708, Nr 143, poz. 1031, No. 217, pos. 1590 and No. 225, pos. 1635, 2007 No. 112, item. 769, Nr 120, poz. 818, No. 192, pos. 1378 and No. 225, pos. 1671, 2008 No. 118, pos. 745, Nr 141, poz. 888, Nr 180, pos. 1109, Nr 209, poz. 1316, 1318 and 1320, of 2009 Nr 18, pos. 97, Nr 44, poz. 362, No. 57, pos. 466, Nr 131, poz. 1075, Nr 157, pos. 1241, No. 166, pos. 1317, Nr 168, pos. 1323, Nr 213, poz. 1652 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230, No 57, pos. 355, No. 127, pos. 858 and No. 167, pos. 1131.
10) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 594, Nr 91, poz. 868, Nr 171, pos. 1800 and No. 173, pos. 1808, 2005 No 124, pos. 1042, Nr 132, poz. 1110 and No. 183, pos. 1537, 2006 No. 66, pos. 470, Nr 104, poz. 708 and 711, No. 157, pos. 1119, No. 191, pos. 1413 and No. 217, pos. 1590, 2007 No. 171, item. 1207, 2008 No. 110, item. 707, Nr 209, poz. 1318 i Nr 227, poz. 1505, of 2009 Nr 18, pos. 97, Nr 85, poz. 716, Nr 166, poz. 1317 and No. 201, pos. 1540 and 2010 Nr 76, pos. 492 and No. 127, pos. 858.
11) The amendments to the said Act were announced in Dz. U. of 2004 Nr 273, poz. 2703, of 2005 No. 163, pos. 1362 i Nr 267, poz. 2258, 2006 No 12, pos. 66, No 104, pos. 708 and 711, Nr 170, poz. 1217, Nr 220, pos. 1600, Nr 235, pos. 1700 and No 249, pos. 1834, 2007 No. 23, pos. 137, No. 50, pos. 331 and No. 82, pos. 556, 2008 No 17, pos. 101 and No. 227, pos. 1505, of 2009 No 11, pos. 59, Nr 18, poz. 97 i Nr 85, poz. 716 and 2010 Nr 81, pos. 530, Nr 86, pos. 554 i No 106, pos. 675.
12) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708, Nr 170, poz. 1217 and No. 220, pos. 1600, 2007. No. 64, pos. 426, 2008 No. 227, pos. 1505, of 2009 Nr 39, pos. 307 and No. 166, pos. 1317 and 2010 Nr 40, pos. 230 and No 47, pos. 278.
13) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 120, pos. 1268, 2002 Nr 113, pos. 984, 2003 Nr 80, pos. 717 and No. 162, pos. 1568, 2006 No. 220, item. 1600, 2008 No. 216, item. 1367 and 2009 Nr 98, pos. 817.
14) Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 49, poz. 509, of 2002. Nr 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188 and No. 170, pos. 1660, 2004 Nr 162, pos. 1692, 2005 No. 64, pos. 565, Nr. 78, pos. 682 and No. 181, pos. 1524, 2008 No. 229, item. 1539, 2009 No. 195, pos. 1501 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230 and No 167, pos. 1131.
15) The amendments to the said Act were announced in Dz. U. of 1965 Nr 15, pos. 113, of 1974 Nr 27, pos. 157 and No 39, pos. 231, 1975. Nr 45, poz. 234, z 1982 r. No 11, pos. 82 and No. 30, pos. 210, 1983 Nr 5, pos. 33, of 1984 Nr 45, poz. 241 and 242, 1985. Nr 20, pos. 86, of 1987. No 21, pos. 123, 1988 Nr 41, pos. 324, of 1989 No 4, pos. 21 and No. 33, pos. 175, of 1990 No 14, pos. 88, Nr 34, poz. 198, Nr 53, poz. 306, Nr 55, pos. 318 and No. 79, pos. 464, of 1991 No. 7, pos. 24, No 22, pos. 92 and No. 115, pos. 496, of 1993 No 12, pos. 53, 1994 Nr 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No 24, pos. 110, Nr 43, pos. 189, No 73, pos. 350 and Nr. 149, pos. 703, of 1997 Nr 43, pos. 270, Nr 54, poz. 348, No 75, pos. 471, No. 102, pos. 643, Nr 117, pos. 752, Nr 121, poz. 769 and 770, Nr 133, poz. 882, Nr 139, pos. 934, No 140, pos. 940 and No. 141, pos. 944, 1998 No. 106, pos. 668 i Nr 117, poz. 757, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 269 and 271, No. 48, pos. 552 i 554, Nr 55, poz. 665, Nr 73, poz. 852, No 94, pos. 1037, No 114, pos. 1191 and 1193 and No 122, pos. 1314, 1319 and 1322, of 2001. No 4, pos. 27, Nr 49, poz. 508, No 63, pos. 635, Nr 98, poz. 1069,1070 and 1071, No 123, pos. 1353, Nr 125, pos. 1368 and Nr 138, pos. 1546, 2002 Nr 25, pos. 253, No. 26, pos. 265, Nr 74, pos. 676, Nr 84, poz. 764, Nr 126, pos. 1069 and 1070, Nr 129, pos. 1102, No. 153, pos. 1271, Nr 219, poz. 1849 and No. 240, pos. 2058, 2003 Nr 41, pos. 360, Nr 42, poz. 363, Nr 60, pos. 535, Nr 109, pos. 1035, Nr 119, poz. 1121, No. 130, pos. 1188, Nr 139, pos. 1323, Nr 199, pos. 1939 and No. 228, pos. 2255, 2004 Nr 9, pos. 75, Nr 11, pos. 101, Nr 68, pos. 623, Nr 91, poz. 871, Nr 93, poz. 891, Nr 121, poz. 1264, Nr 162, pos. 1691, Nr 169, poz. 1783, Nr 172, pos. 1804, Nr 204, poz. 2091, Nr 210, pos. 2135, No 236, pos. 2356 and No. 237, pos. 2384, of 2005 No 13, pos. 98, Nr 22, poz. 185, Nr 86, pos. 732, No 122, pos. 1024, No. 143, pos. 1199, No. 150, pos. 1239, Nr 167, pos. 1398, Nr 169, poz. 1413 and 1417, Nr 172, pos. 1438, Nr 178, pos. 1478, Nr 183, poz. 1538, No. 264, pos. 2205 and No. 267, pos. 2258, 2006 No 12, pos. 66, No 66, pos. 466, Nr 104, poz. 708 and 711, No. 186, pos. 1379, Nr 208, poz. 1537 and 1540, No. 226, pos. 1656 and Nr 235, pos. 1699, 2007 No. 7, pos. 58, Nr 47, poz. 319, No. 50, pos. 331, No. 99, pos. 662, Nr 106, poz. 731, Nr 112, poz. 766 and 769, No. 115, pos. 794, Nr 121, poz. 831, Nr 123, pos. 849, Nr 176, pos. 1243, Nr 181, pos. 1287, No. 192, pos. 1378 and Nr. 247, pos. 1845, 2008 Nr 59, pos. 367, No 96, pos. 609 and 619, Nr 110, poz. 706, Nr 116, poz. 731, Nr 119, poz. 772, Nr 120, poz. 779, No. 122, pos. 796, Nr 171, pos. 1056, Nr 220, poz. 1431, Nr 228, poz. 1507, Nr 231, poz. 1547 and No. 234, pos. 1571, 2009 Nr 26, pos. 156, Nr 67, pos. 571, No. 69, pos. 592 and 593, No. 131, pos. 1075, Nr 179, pos. 1395 i Nr 216, pos. 1676 and 2010 No 3, pos. 13, Nr 7, poz. 45, Nr 40, poz. 229, Nr 108, pos. 684, Nr 109, pos. 724, Nr 125, poz. 842, Nr 152, poz. 1018 i Nr 155, poz. 1037.
16) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 277, pos. 2742, of 2005 No. 180, pos. 1496, of 2006 Nr 104, pos. 708 i 711 i Nr 220, poz. 1600, 2007. No. 107, item. 732 and Nr 176, pos. 1242, 2008 No. 171, item. 1056, Nr 180, pos. 1109, No. 206, pos. 1288, Nr 208, poz. 1308 i Nr 223, poz. 1458, of 2009 Nr 22, pos. 120, Nr 97, poz. 801, No 161, pos. 1278, Nr 190, poz. 1474 and No. 219, pos. 1706 and 2010 No. 107, item. 679, Nr 113, pos. 745 and No. 127, pos. 857.
17) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704 and 2010 Nr 105, pos. 655 and No. 135, pos. 912.
18) Amendments to the text of the single law have been announced in the Dz. U. 1989 r. No. 74, item. 442, of 1991 Nr 60, poz. 253 and No. 111, pos. 480, of 1994 Nr 121, pos. 591, of 1997 Nr 121, pos. 769 and 770, 1998 No. 106, pos. 668, 2002 No. 153, pos. 1271 and 2004 No. 173, item. 1808.
19) Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 98, pos. 1071, Nr 123, pos. 1353 and No. 128, pos. 1403, 2002 No. 1, pos. 18, No. 153, pos. 1271 and No. 240, pos. 2052, 2003 No. 228, pos. 2256, of 2005 Nr 10, pos. 71 and No. 169, pos. 1417, 2006 Nr 45, poz. 319, Nr 170, pos. 1218, No. 218, pos. 1592 i Nr 220, pos. 1600, 2007. Nr 89, pos. 589 of 2008 Nr 157, poz. 976 and No. 227, pos. 1505 and 2010 No. 165, item. 1118.
20) The amendments to the said Act were announced in Dz. U. 1985 r. Nr 35, pos. 162, 1996 No 24, pos. 110, 1998 Nr 113, pos. 717 and 2001 No. 128, pos. 1405.
21) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708, Nr 170, poz. 1217 and No. 220, pos. 1600, 2007. No. 64, pos. 426, 2008 No. 227, pos. 1505, of 2009 Nr 39, pos. 307 and No. 166, pos. 1317 and 2010 Nr 40, pos. 230 and No 47, pos. 278.
22) The amendments to the said Act were announced in Dz. U. 1988 r. Nr 41, pos. 324, of 1989 Nr 34, pos. 187, of 1990 Nr 29, pos. 173, of 1991 No. 100, pos. 442, of 1996. No. 114, item. 542, of 1997 Nr. 88, pos. 554 i Nr 121, poz. 770, 1999 No. 90, item. 999, 2001 No. 112, item. 1198, 2002 No. 153, pos. 1271, 2004 No. 111, item. 1181, of 2005 Nr 39, pos. 377 and 2007 Nr 89, pos. 590.
23) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708, Nr 143, poz. 1032, Nr 170, poz. 1217, No. 171, pos. 1225 i Nr 220, pos. 1600, 2007. No 176, item. 1238, 2008 No. 227, pos. 1505 and No 234, pos. 1570, 2009 Nr 18, pos. 97, Nr 20, poz. 106, Nr 92, pos. 753 and No. 157, pos. 1241 and 2010 No 21, pos. 105, Nr 81, pos. 529 and No. 130, pos. 871.
24) Amendments to the text of the single law have been announced in the Dz. U. 2009 r. No. 1, pos. 4, No 26, pos. 156 and 157, No. 56, pos. 459, Nr 178, poz. 1375, Nr 190, pos. 1474, Nr 219, poz. 1706 and No. 223, pos. 1777.
25) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. No. 170, pos. 1217, 2007 No 21, pos. 125, of 2008. Nr 201, pos. 1237 and No. 227, pos. 1505, of 2009 Nr 31, pos. 206, Nr 42, pos. 334, Nr. 98, pos. 817 and No. 157, pos. 1241 and 2010 Nr 76, pos. 489 and No. 106, pos. 675.
26) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 57, item. 390, Nr 120, pos. 818, Nr 140, poz. 981 and No. 165, pos. 1170, 2008 Nr 86, pos. 521, No. 171, pos. 1065 i Nr 237, poz. 1651, of 2009 Nr 22, pos. 120, Nr 62, poz. 504, Nr. 85, pos. 716, Nr 97, poz. 803, Nr. 98, pos. 817, Nr 115, poz. 959, Nr 157, pos. 1241, Nr 168, pos. 1323, Nr 195, pos. 1502, Nr 201, pos. 1540, Nr 206, poz. 1589 and No. 223, pos. 1777 and 2010 Nr 34, pos. 190, Nr 96, poz. 620, Nr. 98, pos. 626, Nr 125, poz. 842, Nr 127, poz. 857 and No 164, pos. 1108.
27) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708 and 711 and No. 170, pos. 1218, 2007 No. 57, item. 390 and No. 82, pos. 558, of 2008 Nr 86, pos. 521, Nr 195, pos. 1199, No 216, pos. 1367 i Nr 227, poz. 1505, of 2009 Nr 22, pos. 120, Nr 85, poz. 716, Nr 98, poz. 817, Nr 157, pos. 1241, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 127, pos. 857 and No 164, pos. 1108.
28) Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 75, poz. 493, Nr. 88, pos. 587 and Nr 124, pos. 859, 2008 No. 138, item. 865, Nr 199, pos. 1227 and No. 227, pos. 1505 and 2009 Nr 18, pos. 97, Nr 31, poz. 206, Nr. 79, pos. 666 i Nr 130, poz. 1070.
29) Amendments to the text of the single law have been announced in the Dz. U. of 2010 No. 57, item. 352, Nr 75, pos. 473, No. 105, pos. 655 and Nr 149, pos. 996.
30) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 594, Nr 91, poz. 868, Nr 171, pos. 1800 and No. 173, pos. 1808, 2005 No 124, pos. 1042, Nr 132, poz. 1110 and No. 183, pos. 1537, 2006 No. 66, pos. 470, Nr 104, poz. 708 and 711, No. 157, pos. 1119, No. 191, pos. 1413 and No. 217, pos. 1590, 2007 No. 171, item. 1207, 2008 No. 110, item. 707, Nr 209, poz. 1318 i Nr 227, poz. 1505, of 2009 Nr 18, pos. 97, Nr 85, poz. 716, Nr 166, poz. 1317 and No. 201, pos. 1540 and 2010 Nr 76, pos. 492 and No. 127, pos. 858.
31) Amendments to the text of the single law have been announced in the Dz. U. of 2005 No 17, pos. 141, Nr 85, poz. 728 and No. 267, pos. 2258, 2006 No. 51, item. 377, Nr 83, pos. 574 and No. 133, pos. 935, 2007 Nr 25, pos. 162 and No. 61, pos. 411, of 2009 Nr 18, pos. 97, Nr 115, poz. 965 i Nr 201, pos. 1540 and 2010 Nr 28, pos. 146, Nr 127, pos. 857 and No. 152, pos. 1023.
32) The amendments to the said Act were announced in Dz. U. 1997 r. Nr. 88, pos. 554 i Nr 113, poz. 731, 1998 No. 106, pos. 668, 1999 No 11, pos. 95, of 2000 Nr 120, pos. 1268, 2005 No. 141, pos. 1183, No 167, pos. 1398 and No. 175, pos. 1462, of 2007 No. 112, item. 766 and No. 121, pos. 831, of 2008 No. 180, pos. 1108, of 2009 Nr 76, pos. 641 and No. 98, pos. 817 and 2010 No. 107, item. 679.
33) Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 132, pos. 1110, 2006 Nr 104, pos. 708 and 711, Nr 170, poz. 1217 and No. 249, pos. 1832, 2008 Nr 208, pos. 1308, Nr 220, poz. 1415 and No. 227, pos. 1505, of 2009 Nr 42, pos. 336 and No. 168, pos. 1323 and 2010 Nr 28, pos. 143 and No 113, pos. 745.
34) Amendments to the text of the single law have been announced in the Dz. U. of 2005 No 14, pos. 113, of 2006 Nr 104, pos. 708 and 711, 2007 No. 112, item. 769, of 2008 Nr 209, poz. 1318 and 2009 No 3, pos. 11, Nr 18, poz. 97 i No. 166, pos. 1317.
35) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 116, pos. 1202 and No. 210, pos. 2135, of 2005. Nr 48, poz. 446 i Nr 169, poz. 1414, 2006 Nr 104, pos. 708, of 2009 No. 144, pos. 1177 and Nr 178, pos. 1375 and 2010 Nr 152, poz. 1022 and No. 162, pos. 1086.
36) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 70, poz. 443 and No. 141, pos. 943, 1998 No. 131, pos. 860, of 2006 No. 218, item. 1592 and 2007. Nr 25, pos. 162.
37) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708 and 711 and No. 170, pos. 1218, 2007 No. 57, item. 390 and No. 82, pos. 558, of 2008 Nr 86, pos. 521, Nr 195, pos. 1199, No 216, pos. 1367 i Nr 227, poz. 1505, of 2009 Nr 22, pos. 120, Nr 85, poz. 716, Nr 98, poz. 817, Nr 157, pos. 1241, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 127, pos. 857, Nr 164, poz. 1108 and No. 182, pos. 1228.
38) Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 83, pos. 561, Nr 85, poz. 571, No. 115, pos. 789, Nr. 165, pos. 1171 and No 176, pos. 1242, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522, Nr 96, poz. 620, Nr 127, pos. 857 and No. 155, pos. 1036.
39) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 64, pos. 432, Nr 83, poz. 561, Nr 85, poz. 571 and No. 140, pos. 983, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522 and Nr 94, pos. 602.
40) The amendments to the said Act were announced in Dz. U. 1997 r. No. 128, pos. 840, 1999 No. 64, pos. 729 i Nr 83, poz. 931, of 2000 Nr 48, poz. 548, Nr 93, poz. 1027 and No. 116, pos. 1216, 2001 Nr 98, pos. 1071, 2003 No. 111, item. 1061, Nr 121, poz. 1142, Nr 179, pos. 1750, Nr 199, pos. 1935 and No. 228, pos. 2255, 2004 Nr 25, pos. 219, Nr 69, poz. 626, Nr 93, poz. 889 i Nr 243, pos. 2426, of 2005 Nr 86, pos. 732, Nr 90, poz. 757, No. 132, pos. 1109, Nr 163, pos. 1363, Nr 178, pos. 1479 i No 180, pos. 1493, 2006 Nr 190, pos. 1409, No. 218, pos. 1592 and No. 226, pos. 1648, 2007 Nr 89, pos. 589, Nr 123, pos. 850, Nr 124, pos. 859 and No. 192, pos. 1378, of 2008 No. 90, item. 560, Nr 122, pos. 782, Nr 171, pos. 1056, Nr 173, pos. 1080 and No. 214, pos. 1344, of 2009 No. 62, item. 504, Nr 63, poz. 533, Nr 166, pos. 1317, Nr 168, pos. 1323, Nr 190, pos. 1474, Nr 201, pos. 1540 and Nr 206, pos. 1589 and 2010 No. 7, pos. 46, No 40, pos. 227 and 229, Nr. 98, pos. 625 and 626, No 125, pos. 842, Nr 127, poz. 857 and No. 152, pos. 1018 and 1021.
41) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 240, pos. 2055, 2003 Nr 60, poz. 535 and No. 90, pos. 844, 2004 Nr 6, pos. 39, Nr 116, poz. 1207, Nr 123, pos. 1291 and No. 273, pos. 2703 and 2722, 2005 Nr 167, pos. 1400, Nr 169, poz. 1418, Nr 178, poz. 1479 i Nr 184, poz. 1539, 2006 No. 107, item. 721 and No. 208, pos. 1532, 2008 No. 180, pos. 1109, of 2009 No 13, pos. 70 and No. 157, pos. 1241 and 2010 Nr 28, pos. 144 and Nr 108, pos. 685.
42) The amendments to the said Act were announced in Dz. U. 1997 r. No. 128, pos. 840, 1999 No. 64, pos. 729 i Nr 83, poz. 931, of 2000 Nr 48, poz. 548, Nr 93, poz. 1027 and No. 116, pos. 1216, 2001 Nr 98, pos. 1071, 2003 No. 111, item. 1061, Nr 121, poz. 1142, Nr 179, pos. 1750, Nr 199, pos. 1935 and No. 228, pos. 2255, 2004 Nr 25, pos. 219, Nr 69, poz. 626, Nr 93, poz. 889 i Nr 243, pos. 2426, of 2005 Nr 86, pos. 732, Nr 90, poz. 757, No. 132, pos. 1109, Nr 163, pos. 1363, Nr 178, pos. 1479 i No 180, pos. 1493, 2006 Nr 190, pos. 1409, No. 218, pos. 1592 and No. 226, pos. 1648, 2007 Nr 89, pos. 589, Nr 123, pos. 850, Nr 124, pos. 859 and No. 192, pos. 1378, of 2008 No. 90, item. 560, Nr 122, pos. 782, Nr 171, pos. 1056, Nr 173, pos. 1080 and No. 214, pos. 1344, of 2009 No. 62, item. 504, Nr 63, poz. 533, Nr 166, pos. 1317, Nr 168, pos. 1323, Nr 190, pos. 1474, Nr 201, pos. 1540 and Nr 206, pos. 1589 and 2010 No. 7, pos. 46, No 40, pos. 227 and 229, Nr. 98, pos. 625 and 626, No 125, pos. 842, Nr 127, poz. 857 and No. 152, pos. 1018 and 1021.
43) The amendments to the said Act were announced in Dz. U. of 1999 Nr 83, pos. 931, of 2000 Nr 50, poz. 580, Nr 62, poz. 717, Nr 73, poz. 852 and No 93, pos. 1027, of 2001. Nr 98, pos. 1071 and No. 106, pos. 1149, 2002 No. 74, item. 676, 2003 No 17, pos. 155, Nr 111, pos. 1061 i Nr 130, poz. 1188, 2004 No. 51, item. 514, Nr 69, poz. 626, Nr 93, poz. 889, Nr 240, pos. 2405 and No. 264, pos. 2641, of 2005 Nr 10, pos. 70, Nr 48, poz. 461, Nr 77, pos. 680, Nr 96, poz. 821, Nr 141, poz. 1181, No. 143, pos. 1203, Nr 163, pos. 1363, Nr 169, pos. 1416 and No 178, pos. 1479, of 2006 Nr 15, pos. 118, Nr 66, pos. 467, Nr 95, poz. 659, Nr 104, poz. 708 and 711, No. 141, pos. 1009 and 1013, No. 167, pos. 1192 and No 226, pos. 1647 and 1648, 2007. Nr 20, pos. 116, No 64, pos. 432, Nr 80, poz. 539, Nr. 89, pos. 589, Nr 99, pos. 664, No. 112, pos. 766, Nr 123, pos. 849 and No. 128, pos. 903, 2008 Nr 27, pos. 162, Nr 100, pos. 648, Nr 107, poz. 686, Nr 123, poz. 802, Nr 182, pos. 1133, No. 208, pos. 1308, Nr 214, pos. 1344, No. 225, pos. 1485, No 234, pos. 1571 and No. 237, pos. 1651, of 2009 No. 8, pos. 39, Nr 20, poz. 104, Nr 28, poz. 171, No 68, pos. 585, Nr. 85, pos. 716, Nr 127, poz. 1051, Nr 144, poz. 1178, Nr 168, pos. 1323, Nr 178, pos. 1375, Nr 190, pos. 1474 i Nr 206, poz. 1589 and 2010 No. 7, pos. 46, No 98, pos. 626, Nr 106, poz. 669, Nr 122, poz. 826 i Nr 125, poz. 842.
44) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 160, pos. 1083, 1999 Nr 83, pos. 931, of 2000 Nr 60, poz. 701 and No 120, pos. 1268, 2001 Nr 98, pos. 1071 i Nr 111, poz. 1194, 2002 No. 74, item. 676 and No. 200, pos. 1679, 2003 No. 111, item. 1061, Nr 142, poz. 1380 i Nr 179, pos. 1750, 2004 Nr 93, pos. 889, Nr 210, pos. 2135, No 240, pos. 2405, Nr 243, poz. 2426 and No. 273, pos. 2703, of 2005 No. 163, pos. 1363 and Nr 178, pos. 1479, of 2006 Nr 104, pos. 708 and No. 226, pos. 1648, 2007 #123, pos. 849, of 2008 Nr 96, pos. 620 and No. 214, pos. 1344, of 2009 No. 8, pos. 39, Nr 22, pos. 119, Nr 62, pos. 504, Nr 98, poz. 817, Nr 108, pos. 911, No. 115, item. 963, Nr 190, pos. 1475, No. 201, pos. 1540 and Nr 206, pos. 1589 and 2010 Nr 34, pos. 191, Nr 40, poz. 227 and No. 125, pos. 842.
45) Amendments to the text of the single law have been announced in the Dz. U. of 2005 No. 109, pos. 925, Nr 175, pos. 1462, Nr 179, pos. 1486, Nr 180, poz. 1494 and 1497, 2006 No 17, pos. 141, Nr 104, poz. 708 and 711, Nr 190, poz. 1400, Nr 191, poz. 1410 and No. 235, pos. 1701, 2007 Nr 52, pos. 343, No. 57, pos. 381, No. 99, pos. 661, Nr 123, pos. 845 i Nr 176, pos. 1238, 2008 Nr 37, pos. 214, No. 100, pos. 649, Nr 163, pos. 1015, Nr 209, poz. 1320, Nr 220, poz. 1411 and 1426, No. 223, pos. 1461 and 1462 and No 234, pos. 1573 and 1574, 2009 No 3, pos. 11, Nr 18, poz. 97, Nr. 79, pos. 663, Nr 91, poz. 739, Nr 92, poz. 753, Nr 97, pos. 802 and 803, No. 98, pos. 817 and No. 168, pos. 1323 and 2010 Nr 40, pos. 230, Nr 43, pos. 246, No 122, pos. 827, Nr 151, pos. 1013 i Nr 152, poz. 1018.
46) The amendments to the said Act were announced in Dz. U. 2000 r. Nr 48, poz. 552 and Nr 53, pos. 638, 2001 Nr 98, pos. 1070, z 2005 r. No 169, pos. 1417 and 2009 Nr 56, pos. 459 and No. 178, pos. 1375.
47) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 237, item. 1651 and 2009 Nr 26, pos. 157, No. 56, pos. 459 and No. 157, pos. 1241.
48) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708, 2008 No. 171, item. 1055 i Nr 180, poz. 1112, of 2009 Nr 98, pos. 817 and 2010 Nr 47, poz. 278.
49) The amendments to the said Act were announced in Dz. U. of 2002. Nr 113, pos. 984, 2003 Nr 130, pos. 1190, 2008 No. 223, item. 1458 and 2009 Nr 97, pos. 803.
50) Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 25, pos. 162, Nr 44, pos. 288, Nr. 85, pos. 571 and No 112, pos. 769, of 2009 Nr 26, pos. 156, Nr 81, pos. 687, Nr 105, poz. 879 i No. 223, pos. 1777 and 2010 Nr 40, pos. 228 and No 155, pos. 1038.
51) Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 85, pos. 727, Nr 86, pos. 732 and Nr 143, pos. 1199, 2006 No. 66, pos. 470, Nr 104, poz. 708, Nr 143, poz. 1031, No. 217, pos. 1590 and No. 225, pos. 1635, 2007 No. 112, item. 769, Nr 120, poz. 818, No. 192, pos. 1378 and No. 225, pos. 1671, 2008 No. 118, pos. 745, Nr 141, poz. 888, Nr 180, pos. 1109, Nr 209, poz. 1316, 1318 and 1320, of 2009 Nr 18, pos. 97, Nr 44, poz. 362, No. 57, pos. 466, Nr 131, poz. 1075, Nr 157, pos. 1241, No. 166, pos. 1317, Nr 168, pos. 1323, Nr 213, poz. 1652 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230, No 57, pos. 355, No. 127, pos. 858 and No. 167, pos. 1131.
52) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 126, pos. 1070, No. 141, pos. 1178, Nr 144, poz. 1208, No. 153, pos. 1271, Nr 169, poz. 1385 and 1387 and No 241, pos. 2074, 2003 Nr 50, poz. 424, Nr 60, poz. 535, Nr. 65, pos. 594, Nr 228, poz. 2260 and No. 229, pos. 2276, 2004 No. 64, pos. 594, Nr 68, poz. 623, Nr 91, poz. 870, Nr 96, poz. 959, Nr 121, poz. 1264, Nr 146, poz. 1546 and No. 173, pos. 1808, 2005 Nr 83, pos. 719, Nr 85, poz. 727, No 167, pos. 1398 and No 183, pos. 1538, 2006 Nr 104, pos. 708, No. 157, pos. 1119, No. 190, pos. 1401 and No 245, pos. 1775, 2007 Nr 42, pos. 272 and No 112, pos. 769, of 2008 No. 171, item. 1056, Nr 192, pos. 1179, Nr 209, poz. 1315 and No. 231, pos. 1546, 2009 Nr 18, pos. 97, Nr 42, poz. 341, No. 65, pos. 545, No. 71, pos. 609, Nr 127, pos. 1045, Nr 131, poz. 1075, Nr 144, poz. 1176, Nr. 165, pos. 1316, Nr 166, pos. 1317, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 40, pos. 226, Nr. 81, pos. 530 and No. 126, pos. 853.
53) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 153, pos. 1271, 2004 Nr 25, pos. 219 i Nr 33, poz. 285, 2006 Nr 104, pos. 708 and 711, 2007 No. 165, item. 1170 and No 176, pos. 1238 and 2010 Nr 41, pos. 233.
54) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 64, pos. 432, Nr 83, poz. 561, Nr 85, poz. 571 and No. 140, pos. 983, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522 and Nr 94, pos. 602.
55) The amendments to the said Act were announced in Dz. U. of 2001. Nr 98, pos. 1070, 2003 r. No. 228, pos. 2256, of 2005 Nr 10, pos. 71, 2007 No. 64, pos. 432 and 433, No. 102, pos. 690 and No 136, pos. 959 and 2009 Nr 26, pos. 157, Nr 178, pos. 1375 i Nr 223, poz. 1777.
56) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 33, pos. 286, of 2005. Nr 10, pos. 68, No 163, pos. 1362 and No 167, pos. 1398, of 2006. No. 170, pos. 1217 i 1218 i Nr 208, poz. 1539, 2007. Nr 99, pos. 662 i Nr 136, poz. 958 and 2008 No. 180, pos. 1113, No 216, pos. 1368 i Nr 227, poz. 1505.
57) Amendments to the text of the single law announced in Dz. U. 2007 #123, pos. 846 i Nr 176, pos. 1238, 2008 No. 171, item. 1057, of 2009 Nr 98, pos. 818 and 2010 Nr 127, pos. 857.
58) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 210, item. 2135, 2006 Nr 104, pos. 708 and 711, of 2008 No. 66, pos. 402, of 2009 Nr 22, pos. 120 and No. 85, pos. 716 and 2010 Nr 127, pos. 857.
59) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 111, item. 708, Nr 138, pos. 865, Nr. 154, pos. 958, Nr 171, pos. 1056, Nr 199, pos. 1227, No. 223, pos. 1464 i Nr 227, poz. 1505, of 2009 No 19, pos. 100, No. 20, pos. 106, Nr. 79, pos. 666, Nr 130, poz. 1070 and No. 215, pos. 1664 and 2010 No 21, pos. 104, Nr 28, poz. 145, Nr 40, poz. 227, No. 76, pos. 489, Nr 119, poz. 804 and No. 152, pos. 1018 and 1019.
60) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 153, pos. 1271, 2004 Nr 25, pos. 219 i Nr 33, poz. 285, 2006 Nr 104, pos. 708 and 711, 2007 No. 165, item. 1170 and No 176, pos. 1238 and 2010 Nr 41, pos. 233 and No. 182, pos. 1228.
61) Amendments to the text of the single law have been announced in the Dz. U. of 2005 No. 267, item. 2255, 2006 No. 170, pos. 1217 and No. 227, pos. 1658, 2007 No 21, pos. 125, No. 64, pos. 427, Nr 75, poz. 493, Nr. 88, pos. 587, No. 147, pos. 1033, Nr 176, pos. 1238, Nr 181, pos. 1286 i No. 231, pos. 1704, 2008 Nr 199, pos. 1227 and No. 227, pos. 1505, of 2009 Nr 168, poz. 1323 i Nr 215, poz. 1664 and 2010 Nr 44, pos. 253 and No. 96, pos. 620.
62) The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1787, 2002 No. 153, pos. 1271 i Nr 213, poz. 1802, 2003 No. 228, pos. 2256 and 2005 No 169, pos. 1410.
63) The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1787, 2002 No. 153, pos. 1271, Nr 213, poz. 1802 i Nr 240, poz. 2052, 2003 Nr 188, pos. 1838 and Nr 228, pos. 2256, of 2004 Nr 34, pos. 304, Nr 130, pos. 1376, No. 185, pos. 1907 and No. 273, pos. 2702 and 2703, 2005 No 13, pos. 98, Nr 131, poz. 1102, No 167, pos. 1398, Nr 169, poz. 1410, 1413 and 1417, Nr 178, pos. 1479 and No. 249, pos. 2104, 2006 No. 144, pos. 1044 and No. 218, pos. 1592, 2007 Nr 25, pos. 162, Nr 64, poz. 433, No. 73, pos. 484, No. 99, pos. 664, No. 112, pos. 766, Nr 136, poz. 959, Nr 138, pos. 976, No. 204, pos. 1482 i Nr 230, poz. 1698, 2008 No. 223, item. 1457, Nr 228, poz. 1507 i Nr 234, poz. 1571 and 2009 No. 1, pos. 4, No 9, pos. 57, Nr 26, poz. 156 and 157, No. 56, pos. 459, Nr 157, pos. 1241, Nr 178, pos. 1375, Nr 219, poz. 1706 and No. 223, pos. 1777.
64) Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 214, pos. 1344 and No. 237, pos. 1651 and 2009 No 178, pos. 1375, Nr 190, pos. 1474 i Nr 206, poz. 1589.
65) The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1800, 2002 No. 74, item. 676 and No. 89, pos. 804, 2003 Nr 113, pos. 1070 and No. 139, pos. 1326, 2004 Nr 116, pos. 1203, No. 171, pos. 1800 and No. 273, pos. 2703, 2006 Nr 104, pos. 711, 2007 No 176, item. 1242, of 2009 Nr 85, pos. 716, Nr 157, pos. 1241 and No. 190, pos. 1474 and 2010 Nr 113, pos. 745.
66) The amendments to the said Act were announced in Dz. U. of 2002. No. 153, pos. 1271, 2004 No. 240, pos. 2407 and 2005 No. 64, pos. 565 and No. 132, pos. 1110.
67) The amendments to the said Act were announced in Dz. U. of 2002. No. 153, pos. 1271, 2003 No 124, pos. 1152 i No 217, pos. 2125, 2004 Nr 96, pos. 959, of 2005 No. 64, pos. 565, 2006 Nr 145, pos. 1050, 2009 Nr 18, pos. 97 and 2010 Nr 40, pos. 230.
68) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708 and 711, No. 141, pos. 1008, Nr 170, pos. 1217 and No. 249, pos. 1829, 2007 Nr 50, poz. 331 and No. 82, pos. 558, of 2008 Nr 97, pos. 625, Nr 144, poz. 901, No 177, pos. 1095, Nr 180, pos. 1113 i Nr 227, poz. 1505, of 2009 Nr 18, pos. 97 i Nr 42, poz. 340 and 2010 Nr 47, poz. 278.
69) The amendments to the said Act were announced in Dz. U. of 2004 Nr 162, pos. 1692, 2005 Nr 94, pos. 788, Nr 169, pos. 1417, Nr 250, poz. 2118 and No. 264, pos. 2205, 2006 No. 38, pos. 268, No 208, pos. 1536 and No. 217, pos. 1590, 2007 Nr 120, pos. 818, Nr 121, poz. 831 and No. 221, pos. 1650, 2008 Nr 190, pos. 1171 and No 216, pos. 1367, of 2009 Nr 53, poz. 433, No. 144, pos. 1179, Nr 178, pos. 1375, No 216, pos. 1676 and No. 221, pos. 1736 and 2010 No. 36, pos. 196 and No 122, pos. 826.
70) The amendments to the said Act were announced in Dz. U. of 2004 Nr 25, pos. 219, of 2006. Nr 157, poz. 1119, 2008 No 234, pos. 1571 and 2009 Nr 56, pos. 459, Nr 157, pos. 1241, Nr 178, pos. 1375 i Nr 219, poz. 1706.
71) The amendments to the said Act were announced in Dz. U. of 2004 Nr 96, pos. 959 i No 120, pos. 1252, of 2005. Nr 94, pos. 788, 2006 No. 144, pos. 1043, 2007 Nr 120, pos. 818 i Nr 176, pos. 1241, 2008 Nr 70, poz. 416, 2009 Nr 97, pos. 800 and 2010 Nr 40, pos. 229.
72) The amendments to the said Act were announced in Dz. U. of 2005 Nr 83, pos. 719, Nr 183, poz. 1537 and 1538 and No. 184, pos. 1539, 2006 Nr 157, poz. 1119, 2007 No. 112, item. 769, of 2008 No. 231, item. 1546, 2009 Nr 18, pos. 97, Nr 42, poz. 341, No. 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 81, pos. 530, No. 106, pos. 670 and No. 126, pos. 853.
73) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 180, pos. 1280, 2008 Nr 70, poz. 416, Nr 116, poz. 732, Nr 141, poz. 888, Nr 171, pos. 1056 and No. 216, pos. 1367, of 2009 No 3, pos. 11, Nr 18, poz. 97, Nr 168, pos. 1323 i Nr 201, poz. 1540 and 2010 Nr 47, poz. 278 and No. 107, pos. 679.
74) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 216, item. 1367, Nr 225, pos. 1486, Nr 227, poz. 1505, No 234, pos. 1570 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 22, pos. 120, Nr 26, poz. 157, Nr 38, pos. 299, Nr 92, pos. 753, Nr 97, pos. 800, Nr. 98, pos. 817, Nr 111, poz. 918, Nr 118, poz. 989, Nr 157, pos. 1241, Nr 161, poz. 1278 and Nr 178, pos. 1374 and 2010 Nr 50, poz. 301, Nr 107, pos. 679, Nr 125, poz. 842, Nr 127, poz. 857 and No. 165, pos. 1116.
75) The amendments to the said Act were announced in Dz. U. of 2004 Nr 273, poz. 2703, of 2005 No. 163, pos. 1362 i Nr 267, poz. 2258, 2006 No 12, pos. 66, No 104, pos. 708 and 711, Nr 170, poz. 1217, Nr 220, pos. 1600, Nr 235, pos. 1700 and No 249, pos. 1834, 2007 No. 23, pos. 137, No. 50, pos. 331 and No. 82, pos. 556, 2008 No 17, pos. 101 and No. 227, pos. 1505, of 2009 No 11, pos. 59, Nr 18, poz. 97 i Nr 85, poz. 716 and 2010 Nr 81, pos. 530, Nr 86, pos. 554 i No 106, pos. 675.
76) The amendments to the said Act were announced in Dz. U. of 2005 No. 249, item. 2104, 2006 Nr 79, pos. 551 and 2009 No 19, pos. 101, Nr 157, poz. 1241 and No. 223, pos. 1778.
77) The amendments to the said Act were announced in Dz. U. 2006 r. No 12, pos. 65 and No. 73, pos. 501, of 2008 Nr 127, pos. 817, of 2009 Nr 157, poz. 1241 and 2010 Nr 40, pos. 230 and No 167, pos. 1131.
78) The amendments to the said Act were announced in Dz. U. of 2005 No. 264, pos. 2205, 2006 No. 170, pos. 1217 and No. 218, pos. 1592, 2007 Nr 25, pos. 162, 2008 No. 227, pos. 1505 and 2009 Nr 26, pos. 156, Nr. 79, pos. 660 and No 216, pos. 1676.
79) The amendments to the said Act were announced in Dz. U. 2006 r. Nr 104, pos. 708 and No. 157, pos. 1119, 2008 No. 171, item. 1056, of 2009 No 13, pos. 69, Nr 42, poz. 341, Nr 77, pos. 649, Nr 78, poz. 659, No. 165, pos. 1316, Nr 166, pos. 1317, Nr 168, pos. 1323, Nr 201, pos. 1540 and No. 223, pos. 1776 and 2010 Nr 44, pos. 252, No. 81, pos. 530 and No. 126, pos. 853.
80) Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 85, pos. 727, Nr 86, pos. 732 and Nr 143, pos. 1199, 2006 No. 66, pos. 470, Nr 104, poz. 708, Nr 143, poz. 1031, No. 217, pos. 1590 and No. 225, pos. 1635, 2007 No. 112, item. 769, Nr 120, poz. 818, No. 192, pos. 1378 and No. 225, pos. 1671, 2008 No. 118, pos. 745, Nr 141, poz. 888, Nr 180, pos. 1109, Nr 209, poz. 1316, 1318 and 1320, of 2009 Nr 18, pos. 97, Nr 44, poz. 362, No. 57, pos. 466, Nr 131, poz. 1075, Nr 157, pos. 1241, No. 166, pos. 1317, Nr 168, pos. 1323, Nr 213, poz. 1652 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230, No 57, pos. 355, No. 127, pos. 858, Nr. 167, pos. 1131 and No. 182, pos. 1228.
81) The amendments to the said Act were announced in Dz. U. 2006 r. Nr 158, poz. 1122 and No. 218, pos. 1592, 2007 Nr 25, pos. 162, 2008 No. 171, item. 1056, of 2009 Nr 18, pos. 97, Nr 85, poz. 716, Nr 105, poz. 880 and No. 157, pos. 1241 and 2010 No. 151, item. 1014.
82) Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 83, pos. 561, Nr 85, poz. 571, No. 115, pos. 789, Nr. 165, pos. 1171 and No 176, pos. 1242, of 2009 No 178, pos. 1375 and 2010 Nr 79, pos. 522, Nr 96, poz. 620, Nr 127, pos. 857 and No. 155, pos. 1036.
83) The amendments to the said Act were announced in Dz. U. of 2008 No. 237, item. 1656, of 2009 Nr 6, pos. 33 and No. 20, pos. 106 and 2010 No. 109, pos. 708.
84) The amendments to the said Act were announced in Dz. U. of 2008 No. 227, pos. 1505, of 2009 Nr 42, pos. 340, Nr 84, pos. 700 and No. 157, pos. 1241 and 2010 Nr 28, pos. 145, Nr 106, poz. 675, Nr 119, poz. 804 and No. 143, pos. 963.
85) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 153, pos. 1271, 2004 Nr 25, pos. 219 i Nr 33, poz. 285, 2006 Nr 104, pos. 708 and 711, 2007 No. 165, item. 1170 and No 176, pos. 1238 and 2010 Nr 41, pos. 233 and No. 182, pos. 1228.
86) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 104, pos. 708 and 711, No. 149, pos. 1078, No. 218, pos. 1592 i Nr 220, pos. 1600, 2007. Nr 25, pos. 162, 2008 No. 171, item. 1056 and 2009 No 178, pos. 1375.
Annex 1. [ PERSONAL SAFETY SURVEY]
Annex to the Act of 5 August 2010. (pos. 1228)
PERSONAL SAFETY SURVEY
The content of the Annex in the form of PDF download here
[ 1] Article 34 (1) 10 point 15 as set out by the Article 22 of the Act of 10 July 2015. on the amendment of the Act-Law on the Law of the General Courts and some other laws (Journal of Laws of the Law 1224). The amendment came into force on 1 January 2016.
[ 2] Article 47 (1) 3 in the version set by the Article. 25 of the Act of 22 December 2015. to amend the Act on the departments of the Government Administration and some other laws (Journal of Laws pos. 2281). The amendment came into force on 1 January 2016.
