Act No. 104 / 2017 Coll.
Act amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended, Act No. 181 / 2014 Coll., on Cyber Security and on the amendment of related laws (Act on Cyber Security), and certain other laws
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Effective from 01.07.2017
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104
THE LAW
of 8 March 2017
amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, Act No. 181 / 2014 Coll., on Cyber Security and on Changes to Related Acts (Cyber Security Act), and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Information Systems of Public Administration
Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 130 / 2008 Coll., Act No. 190 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 64 / 2014 Coll., Act No. 298 / 2016 Coll., Act No. 263 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 167 / 2012 Coll., Act No. 64 / 2014 Coll.
1. In Article 1, the words "use, operation 'are replaced by the words" administration, operation, use', and at the end of the text of Article 1, the words "administered by state or local authorities (hereinafter referred to as" public administration ')' are added.
2. In Paragraph 1, the present text becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(2) This law does not apply to public administration information systems managed by:
(a) for the management of classified information;
(b) intelligence services,
(c) the National Security Office.
(3) With the exception of links to other public administration information systems, this law does not apply to public administration information systems managed by:
(a) for the purpose of ensuring State defence;
(b) support for crisis management;
(c) law enforcement authorities for criminal proceedings; the law applies to the record of the Register of Penalties,
(d) security corps;
(e) by the armed forces of the Czech Republic or by the Military Police;
(f) the Czech National Bank,
(g) the Financial Analysis Office to combat the legalisation of proceeds from crime or the implementation of international sanctions for the purpose of maintaining international peace and security, protecting fundamental human rights and combating terrorism;
(h) the Ministry of the Interior (hereinafter referred to as "the Ministry") for the purpose of carrying out security proceedings and keeping records under the law governing the protection of classified information and security competence;
(i) the Ministry, the Ministry of Finance or the Ministry of Justice for the processing of personal data of members of the Security Corps.
(4) This law shall not apply to operational information systems, except for public authorities managed by:
(a) information systems for the management and development of human resources and remuneration;
(b) electronic file service systems;
(c) information systems for accounting or financial resources management;
(d) electronic mail systems.
(5) This Act shall not apply to links between operational information systems; This does not apply when it concerns links of operational information systems to other public administration information systems which are not operational information systems. ';
3. in Article 2 (a), the words "material" and "material" shall be deleted and the words "public administration" shall be inserted after the words "systems."
4. In the first sentence of Article 2 (b), the words "public administration 'shall be inserted after the word" system', the words "public administration 'shall be added at the end of the text of the first sentence and the words" public administration' shall be inserted after the word "system '.
5. In Article 2 (c), the words "a body which, under the law, determines the purpose and means of processing information 'are replaced by the words" a person or a part thereof providing services to the public administration information system' and the words "public administration 'are inserted after the word" system'.
6. In Article 2 (d), the words "a body which carries out at least certain information activities related to the information system 'are replaced by the words" a person or a part thereof which ensures the functionality of the technical and programming means constituting the public administration information system' and the words "entities' are replaced by the words" persons or their components'.
7. in Article 2, the following point (e) is inserted after point (d):
"(e) the user of a public administration information system, a person or a part thereof, who records the data or data and, where appropriate, the operational data contained in the public administration information system; the provider or operator of the public administration information system is also a user of the public administration information system if the public administration information system uses the public administration information system in an area for which the public administration information system provides a service to the public administration information system; ';
Points (e) to (w) shall be renumbered as points (f) to (x).
8. In Article 2 (f), the words "and communication technologies' are replaced by the words" public administration systems'.
9. in § 2 (h):
"(h) a service of the public administration information system, an activity of the public administration information system satisfying the requirements of the authorised person or its component associated with the function of the public administration information system;"
10. in Article 2 (j), the words "public administration information systems" and the words "public authorities and other bodies" shall be inserted after the words "common services";
11. in Article 2 (k) (1) and (2), the words "with the exception of the operational information systems referred to in Article 1 (4) (a) to (d)" shall be inserted after the words "administration."
12. in Article 2 (l), the words "public administration" shall be inserted after the word "systems" and the words "public administration information system" shall be inserted after the word "services."
13. in Article 2 (o), the words "to the information system" shall be deleted;
14. in Article 2 (p), the words "legal entity which" are replaced by the words "person or part thereof which."
15. in Article 2 (q), the words "the legal entity responsible" shall be replaced by the words "the person or part thereof responsible."
16. in § 2 (r):
"(r) by sharing data to allow access to the data through a reference interface and, where appropriate, outside a reference interface, to several persons or parts thereof simultaneously;"
17. in Article 2 (s), the words "and information" are replaced by the words "public administration information systems."
18. in Paragraph 2, point (t) is deleted;
Points (u) to (x) shall be renumbered as points (t) to (w).
19. in Article 2 (t), the words "public administration" and "such as accounting, property management, and not directly related to the performance of public administration" shall be inserted after the word "system";
20. in Paragraph 2 (u), the words "Ministry of the Interior (" Ministry ")" shall be replaced by the words "Ministry."
21. In Article 2, at the end of the text of point (w), the words "public administrations and further elaborates the authorisations and obligations of its administrator, operator and user" shall be added.
22.
Government
Government
(a) approves the information concept of the Czech Republic;
(b) decide on programmes containing the acquisition or technical evaluation of public administration information systems drawn up under the special legislature7a) with an estimated value exceeding CZK 6 000 000 without value added tax per calendar year or CZK 30 000 000 excluding value added tax spent in 5 years in the event of disagreement with the Ministry on draft documentation of these programmes;
c) decide on the investment intentions of the actions of the acquisition or technical evaluation of information systems of public administration with an estimated value exceeding CZK 6 000 000 without value added tax for a calendar year or CZK 30 000 000 without value added tax spent in 5 years in the case of dissent by the Ministry on these investment projects. "
footnotes 1, 2, 3, 3a, 3b, 3c, 5, 6, 6a, 6b, 6c, 7 and 18 are deleted.
23. In Section 4, the word "interior 'is deleted.
24. in Article 4 (1) (c), the words "intended for the purpose of the exercise of public administration" shall be inserted after the words "the conversion of public administration information systems."
25. in Article 4 (1) (d), the words "intended for the purpose of the exercise of public administration" shall be inserted after the words "administration."
26. in Article 4 (1) (e):
"(e) express its views on the proposals for documentation of programmes containing the acquisition or technical evaluation of public administration information systems drawn up under the special legislature7a) with an estimated value exceeding CZK 6,000 000 without value added tax per calendar year or CZK 30 000 000 000 excluding value added tax spent in 5 years. In particular, the Ministry shall take into account the legitimate interests of the programme documentation promoter and the need to ensure the proper performance of the public administration; ';
27. in Article 4 (1) (f), "development and use" shall be replaced by "administration, operation, use and development."
28. in Article 4 (1) (g), the words "public administrations" shall be inserted after the words "systems."
29. in Article 4 (1) (h), the word "public" shall be replaced by "publicly available" and the words "public administration" shall be inserted after the word "system."
30. in Article 4 (1) (i), the word "public" is replaced by "publicly available" and the words "information system on data elements is a public administration information system" are added at the end of the text (i).
31. in Article 4 (1) (j), the word 'public' shall be replaced by 'publicly available' and the words' public administration 'shall be inserted after the word' systems';
32. in Paragraph 4 (2) (b):
"(b) expresses its views on the investment intentions of the actions of the acquisition or technical evaluation of public administration information systems with an estimated value exceeding CZK 6 000 000 without value added tax for a calendar year or CZK 30 000 000 without value added tax for 5 years. In particular, the Ministry shall take into account the legitimate interests of the promoter of investment projects and the need to ensure the proper performance of the public administration. ';
33.In Article 4 (2) (d), "data sharing and services" is replaced by "links."
34. in Paragraph 4 (2), the words "intended for the performance of a public administration with an estimated value exceeding CZK 6 000 000 excluding value added tax for a calendar year or CZK 30 000 000 without value added tax for 5 years" shall be added at the end of the text in point (g).
35. in Article 4 (2) (h), the word "Ministry" shall be inserted after the word "Bulletin."
36. in § 4 (2) (h), § 6 (6), § 6d (7) and § 8b (2), the word "Ministry" shall be inserted after the word "Bulletin."
37. in Article 4 (2) (i), the word "entities" shall be replaced by "persons or parts thereof" and the word "entities" shall be replaced by "persons or parts thereof."
38. In Article 5, the words "public administrations' shall be added at the end of the text of paragraph 1; This does not apply if the information concept of the Czech Republic assumes the use of a product of certain properties."
39. in Article 5 (2) (a), the words "paragraph 1, including the check provided for in Article 4 (2) by the Ministry" shall be deleted;
40. In Article 5 (2) (b):
"(b) submit to the Ministry for expression draft documentation of programmes containing the acquisition or technical evaluation of public administration information systems drawn up under the special legislature7a) with an estimated value exceeding CZK 6,000,000 without value added tax per calendar year or CZK 30000,000 without value added tax spent in 5 years and investment intentions of actions of the acquisition or technical evaluation of public administration information systems with an estimated value exceeding CZK 6,000,000 without value added tax per calendar year or CZK 30000,000 without value added tax spent in 5 years;"
footnote 8a is deleted.
(41) In Article 5 (2) (d), the words "public administration, with the exception of the operational information system referred to in Article 1 (4) (a) to (d)," and "information systems," shall be inserted after the words "Eligibility of the information system" and the words "public administration" shall be inserted after the words "information systems."
42. In Article 5 (2) (e), the words "public administration" shall be inserted after the words "information system" and the words "public administration information system" shall be inserted after the words "services."
43. In Article 5, at the end of paragraph 2, the dot is replaced by a semicolon and the following point (h) is added:
"(h) submit to the Ministry for expression projects of public administration information systems intended for the performance of public administration with an estimated value exceeding CZK 6 000 000 without value added tax for a calendar year or CZK 30 000 000 without value added tax for 5 years."
44. in Paragraph 5a, the following paragraph 1 is added:
"(1) The Ministry creates and submits to the Government the information concept of the Czech Republic for approval. The Czech Republic's information concept sets out the objectives of the Czech Republic in the field of public administration information systems and general principles of procurement, creation, administration and operation of public administration information systems in the Czech Republic for a period of 5 years."
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
45. in Article 5a (2), the words "public authority" shall be inserted after the words "concept" and the words "operation" shall be replaced by the words "administration and operation of its";
46. in Articles 5a (2) and (3) and 12 (1) (e), the words "public authority" shall be inserted after the word "concept."
47. in Article 5a (4), the words "except for the operational information systems referred to in Sections 1 (4) (a) to (d)" and the words "1 and 2" are replaced by the words "2 and 3" after the words "testing the long-term management of public information systems."
48. in Article 6b (1), "(o)" is replaced by "(n)."
49. in Article 6b (2) (a), "(v)" is replaced by "(u)."
50. In Paragraph 6f (4), the words "at the end of the text of the sentence of the second sentence shall be added; a written contract shall not be required to require a natural person or legal person to make information available through a public administration portal 'and the words" at the end of the text of the sentence of the third sentence shall be added if the natural person or legal person is required to make information available through a public administration portal by law'.
51. in Article 6g (3), the words "with the exception of the operational information systems referred to in Article 1 (4) (a) to (d)" shall be inserted after the words "information system services of public administration."
52nd Paragraph 7 (3) reads:
"(3) A legal or business natural person, as an operator of a public administration information system, commits an administrative offence by:
(a) does not transmit data and operational data on request by the administrator of the public administration information system pursuant to Article 9e (1); or
(b) contrary to § 9e (2) or (3)
1. does not transmit data and operational data after the completion of the operation of the public administration information system;
2. does not dispose of copies of data and operational data; or
3. It shall not allow the administrator of the public administration information system to supervise the liquidation of copies of data and operational data. ';
53. In Article 7, the following paragraph 4 is added:
"(4) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if it is an administrative offence under paragraph 2 (a) to (c) or 3 (b) (1) or (2);
(b) 200 000 CZK if it is an administrative offence under paragraph 3 (a) or (b) (3),
(c) 100 000 CZK if it is an administrative offence under paragraph 2 (d) to (f). "
54. in Paragraph 8a (6):
"(6) The information system through which the exercise of the public authorities contact points is exercised shall be managed by the Ministry. This information system is a public administration information system. ';
55. In Paragraph 9 (1), the words "or operators" and the words "(" administrators ")" shall be deleted.
56. In Section 9c, the words "or operator 'are deleted.
57. in Article 9c (1) and (2), the words "information systems of public administration" shall be inserted after the words "AIFMs."
58. In Article 9d (1), the words "public administration information system 'shall be inserted after the words" Administrator'.
59. The following Section 9e is inserted after Section 9d:
(1) The operator of the public administration information system shall transmit data and operational data relating to the public administration information system operated without delay upon request by the administrator of the public administration information system.
(2) The operator of the public administration information system shall transmit data and operational data relating to the operational public administration information system to the administrator of the public administration information system without delay upon completion of the operation of the public administration information system and shall destroy copies of those data and operational data.
(3) The operator of the public administration information system shall destroy copies of the data and operational data relating to the public administration information system operated in the manner laid down in the implementing legislation. The operator of the public administration information system shall allow the administrator of the public administration information system to supervise the liquidation of copies of data and operational data.
(4) The operator of the public administration information system shall draw up a protocol on the course of the destruction of copies of data and operational data relating to the operational public administration information system which shall transmit to the administrator of the public administration information system without delay after the destruction of copies of data and operational data. The administrator of the public administration information system shall maintain the protocol for at least 10 years.
(5) The operator of the public administration information system shall have the right to pay the cost effectively incurred for the transmission of data and operational data referred to in paragraphs 1 and 2.
(6) The provisions of the legislation governing intellectual property rights are without prejudice to the transmission of data and operational data pursuant to paragraphs 1 and 2. "
60. in Article 12 (1) (b), the words "public administration" shall be inserted after the word "system."
61. in Paragraph 12 (1) (e), "1" is replaced by "2."
62. In Paragraph 12 (1) (f), "2" is replaced by "3" and "3" is replaced by "4."
63. In Article 12, the following paragraph 3 is added:
"(3) The National Security Office, in agreement with the Ministry, shall provide for a decree:
(a) the manner in which copies of data and operational data are disposed of pursuant to Article 9e (3);
(b) details of the protocol on the conduct of the destruction of copies of data and operational data pursuant to Article 9e (4). ';
Transitional provisions
1. The administrator of the operational information system referred to in § 1 (4) (a) to (d) of Act No. 365 / 2000 Coll., as effective from the date of entry into force of this Act, created before the date of entry into force of this Act, shall make available to the Ministry of Interior the information provided for in § 5 (2) (e) of Act No. 365 / 2000 Coll., as effective from the date of entry into force of this Act, within 12 months of the date of entry into force of this Act.
2. The public authorities will bring their information concepts into line with the information concept of the Czech Republic pursuant to § 5a (1) of Act No. 365 / 2000 Coll., as effective from the date of entry into force of this Act, within 24 months of its approval by the Government.
3. The administrator of the operational information system referred to in § 1 (4) (a) to (d) of Act No. 365 / 2000 Coll., as effective from the date of entry into force of this Act, created before the date of entry into force of this Act, shall issue operational documentation for this operational information system pursuant to § 5a (3) of Act No. 365 / 2000 Coll., as effective from the date of entry into force of the Act, within 12 months of the date of entry into force of this Act.
Amendment to the Agriculture Act
Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 94 / 2005 Coll., Act No. 441 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 291 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 95 / 2009 Coll., Act No. 109 / 2009 Coll.
1. in Article 2fb (1), the word "operation15)" shall be replaced by "users of the information system15)."
2. In Article 2fb (2), the word "operator 'is replaced by" information system user 15)'.
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
In Article 14a (1) of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended by Act No. 51 / 2016 Coll., the first sentence is replaced by the sentence "A central register of administrative buildings is established, whose administrator and operator is the Office."
Amendment to the Act on the modification of certain public aid relations
In Act No. 215 / 2004 Coll., on the modification of certain public aid relations and amending the Act on the Promotion of Research and Development, as amended by Act No. 109 / 2009 Coll. and Act No. 236 / 2012 Coll., the following Section 5a is inserted after Section 5, which includes the title:
Use of data from public administration information systems
(1) The coordinating body, small-scale provider or aid provider shall use the following information in the exercise of its powers under this Act from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) the date, place and district of birth of the data subject who was born abroad, the date, place and state where he was born;
(e) the date, place and district of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) The coordinating body, small-scale provider or aid provider shall use the following data in the exercise of its powers under this Act from the population information system:
(a) the name and / or the names, surnames and surnames,
(b) date, place and district of birth;
(c) birth number,
(d) the address of the place of permanent residence;
(e) citizenship and, where appropriate, multiple citizenship.
(3) The coordinating authority, small-scale provider or aid provider uses the following information in the exercise of its powers under this Act from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the date, place and state of birth;
(c) citizenship or nationality, where appropriate;
(d) the type and address of the place of stay;
(e) the beginning of the stay or, where appropriate, the date of termination of the stay.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case.
(5) Data which are kept as reference data in the population base register shall be used from the population information system or from the alien information system only if they are in the form preceding the current situation. "
Amendment of the Act on certain measures for the transparency of financial relations in the field of public aid
In Act No. 319 / 2006 Coll., on certain measures for the transparency of financial relations in the field of public aid, and amending Act No. 235 / 2004 Coll., on Value Added Tax, as amended, as amended, as amended, as amended by Act No. 281 / 2009 Coll., the following Section 2a is inserted after Section 2, which includes the title:
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Regulation Information
| Citation | Act No. 104 / 2017 Coll., amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the Amendment of Certain Other Acts, as amended, Act No. 181 / 2014 Coll., on Cyber Security and on the Amendment of Related Acts (Act on Cyber Security), and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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