What is Act No. 111 / 2009 Coll.?

Act No. 111 / 2009 Coll., on Basic Registers — Law on basic registers.

When it became Act No. 111 / 2009 Coll. effectiveness?

Act No. 111 / 2009 Coll. became effective 01.07.2010.

Is Act No. 111 / 2009 Coll. still valid?

Yes, Act No. 111 / 2009 Coll. is still valid and effective.

How many times was it Act No. 111 / 2009 Coll. amended?

Act No. 111 / 2009 Coll. has 36 time versions of the text.

Act No. 111 / 2009 Coll. - Law on basic registers

111

THE LAW

of 26 March 2009

on basic registers

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC REGISTERS

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

This law

(a) establish basic registers and certain other public administration information systems and lay down the responsibilities, rights and obligations related to their creation, administration, operation and use;

(b) lay down the conditions for sharing data between basic registers, basic registers and agendas' information systems, basic registers and information systems of private-law users of data enabling the use of data from basic registers or agendas' information systems (hereinafter referred to as the "private-law system for the use of data"), agendas' information systems for each other and between agendas' information systems and private-law systems for the use of data.

§ 2

General concepts

This law means:

(a) the basic register of the public administration information system (1) referred to in Section 3;

(b) the reference figure of the information kept in the base register, which is indicated as the reference figure;

(c) a public authority, a public authority, a local authority, a natural or legal person, if it has been entrusted with public administration, a notary, a judicial executor, an insolvency administrator and an archive;

(d) by a private-law user of data engaged in by a natural person or legal person who, under another legislation, is entitled to use data from a basic register or an agenda information system for an activity which is not the work of a public authority;

(e) an agenda for a comprehensive area of action by a public authority or a comprehensive area of action by a private data user;

(f) an agency information system for public administration, which serves to execute the agenda, use of electronic forms or electronic identification;

(g) the information system of the basic registers of the public administration, which forms part of the reference, shared and secure interface of public administration information systems (hereinafter referred to as the "reference interface") and through which data sharing between basic registers, basic registers and agency information systems, basic registers and private law systems for the use of data, agendas information systems through which data are entered in the basic registers and other agency information systems and between agency information systems through which data are entered in the basic registers, and private law systems for the use of data, management of access to data and other activities under this law;

(h) an information system shared by the public administration information system, which is part of a reference interface and through which data sharing is ensured between agendas' information systems through which data are not entered in basic registers, each other, and between agendas' information systems through which data are not entered in basic registers, and private-law systems for the use of data, management of access to data and other activities under this law;

(i) an editor of a public authority which is entitled to enter data in the basic register or agency information system and to make changes to the registered data.

§ 3

Basic registries

The basic registers are:

(a) the basic population register (hereinafter referred to as the "population register");

(b) a basic register of legal persons, natural persons and public authorities (hereinafter referred to as the "register of persons"),

(c) the basic register of territorial identification, addresses and real estate (hereinafter referred to as "the register of territorial identification"),

(d) the basic register of agendas, public authorities, private users of data and certain rights and obligations ("the register of rights and obligations").

§ 4

Data of the basic register

(1) The base register shall contain reference data, reference links, natural person identifiers, authentication data, operating data and other statutory data, as appropriate. Reference links are codes or identifiers that refer to the reference data in the base registers. Authentication data shall be data enabling verification of the identity of the natural person.

(2) The editor is responsible for the fact that the reference data entered by him are in accordance with the information contained in the documents on the basis of which the reference data are entered in the relevant basic register. public authorities, natural and legal persons shall provide the editor with the necessary synergies to carry out his tasks by providing him with the data and supporting documents necessary to verify the accuracy of the reference data recorded.

(3) The editor shall enter the reference in the base register or amend it without undue delay, but no later than 3 working days from the date on which he becomes aware of the occurrence or change of the fact described in the reference.

(4) The reference is considered to be correct if the opposite is not demonstrated or if there is no legitimate doubt as to the accuracy of the reference. In case of doubt, the editor or administrator of the base register shall identify the reference as incorrect; the editor shall remove that designation without delay after verifying the accuracy of the data, otherwise it shall be treated mutatis mutandis in accordance with paragraph 3.

(5) For the period during which it is so labelled, the reference figure identified as incorrect shall be of an informative nature only.

(6) It is considered that those based on the reference data are in good faith that the state of the reference data corresponds to the actual situation of the case, unless they had to know about its imperfections.

(7) Any person acting in confidence in the accuracy of the reference data may not object to the fact that the reference data does not correspond to the reality unless he proves that the reference is incorrect and has not caused it to be incorrect.

§ 4a

Data of the Agenda Information System

(1) The Agenda Information System shall contain the data generated or used in the execution of the Agenda or in the management and operation of the Agenda Information System.

(2) The data shall be entered in the Agenda Information System by the editor after the implementation of the Agenda or shall be used from the base register or from another Agenda Information System.

(3) The editor shall enter or modify the data into the Agenda Information System without undue delay, but no later than 10 working days from the date on which he becomes aware of the creation or change of the fact which he describes.

Use of data held in the base register or the agenda information system

§ 5

(1) The public authority makes use of the data held in the basic register or agency information system to the extent necessary for the execution of an act by a public authority and within the framework of a list of the data made available to the public authority for the execution of an agenda, the operation of which is carried out by the public authority and for the execution of which the public authority is registered.

(2) The public authority makes use of data held in the basic register or data held in an agenda information system which is not in the form preceding the current situation without verifying its accuracy. A public authority shall be entitled to require the provision of such data only where:

(a) are not included in the list of data made available to the public authority for the execution of the agenda;

(b) are marked as incorrect;

(c) there is a legitimate doubt as to the accuracy of the information; or

(d) they are necessary for security proceedings under another legislation2).

(3) The public authority only uses data held in the programme information system which are kept as reference data in the base register if it is in the form preceding the current situation.

(4) Where a public authority which is not an editor of the data kept in the base register or the agenda information system finds, in its activity, that the data kept in the base register or agenda information system is inconsistent with the actual situation, or where there is reasonable doubt as to the accuracy of the data, it shall immediately inform the editor of that data.

(5) The public authority shall use data held in the base register or record data in the base register through the agenda information system; its access to data held in the basic register shall be provided by the services of the information system of the basic registers. The public authority shall use the data held in the Agency Information System through the services of that Agency Information System; if the public authority is not simultaneously the administrator of the Agency's information system, its access to the data held in the Agency's information system shall be provided by the services of the shared service information system. The public authority shall enter the data in the Agency Information System through the services of the Agency Information System.

§ 5a

(1) A private-law data user who is entitled to use data held in a basic register or agendas information system by law uses such data for the purpose of the legislation provided for, to the extent necessary to perform the action of a private-law data user and as part of the list of data made available to the private-law data user under the agendas.

(2) A private-law data user who is entitled to use data held in a basic register or agenda information system on the basis of the consent of the data subject uses such data for the purpose set out in the consent of the data subject, to the extent necessary to perform the operation of the private-law data user and to the extent available to the private-law data user by the consent of the data subject.

(3) A private-law data user shall use the data held in the base register or the agenda information system referred to in paragraphs 1 and 2 through an agenda information system designated by the agent of the agenda and, if the agenda information system has not been designated by the agent of the agenda, by a private-law data-use system. Paragraph 58 to 59 and the provisions on the authorisation of a person to provide, using an electronic identification device, an extract from the register kept in electronic form in the basic register or a certificate stating that a particular entry in the basic register is not kept, or the information kept in the basic register under the Public Administration Information Systems Act is not affected by the first sentence. A private-law data user shall ensure that the private-law data-use system allows the use of the services of the information system of the basic registers and the information system of the shared service.

(4) The personal data user shall use the reference data kept in the basic register without verifying their accuracy.

(5) Paragraph 5 (3) and (4) apply mutatis mutandis to private users of data.

§ 5b

(1) The public authority makes use of data held in the programme information system by direct access, even if data are required on a natural person who is not clearly identified, if this is necessary for the performance of the task in his or her responsibility in the provision of:

(a) the security of the Czech Republic,

(b) defence of the Czech Republic,

(c) public security and effective protection of human life and health;

(d) preventing, searching, detecting and prosecuting crime;

(e) the significant economic or financial interest of the Czech Republic or of the European Union, including such interest in the field of monetary, budgetary and fiscal; or

(f) protection of the rights of persons in legal proceedings.

(2) The provisions of this Act on the implementation of links through the information system of the basic registers and the information system of the shared service shall not apply in the procedure referred to in paragraph 1.

§ 7

(1) The management of the information system of the basic registers and the information system of the shared service is the Digital and Information Agency (the Agency).

(2) The Agency shall ensure:

(a) the operation and safety of the information system of the basic registers, the information system of the shared service, the population register and the rights and obligations register;

(b) the implementation of links between the basic registers through the services of the information system of the basic registers;

(c) the implementation of links between basic registers and agency information systems or private-law systems for the use of data through the services of the information system of basic registers;

(d) the implementation of links between agendas' information systems through which data are entered into the basic registers and other agendas' information systems or private-law systems for the use of data through the services of the information system of the basic registers;

(e) the implementation of links between agendas' information systems through which data are not entered in basic registers, each other or between agendas' information systems through which data are not entered in basic registers, and private-law systems for using data through shared service information system services;

(f) making available the data kept in the basic registers and the data kept in the agenda information systems through which the data are entered in the basic registers, to the extent of the authorisation held in the registry of rights and obligations through the services of the information system of the basic registers;

(g) the disclosure of data held in agendas' information systems through which data are not entered in the basic registers, to the extent of the authorisation held in the register of rights and obligations through the services of the shared service information system;

(h) keeping records of events related to the operation of the information system of the basic registers and the information system of the shared service;

(i) interconnection of the information system of the basic registers, the information system of the shared service and other components of the reference interface;

(j) the publication of up-to-date data on operational status of basic registers and operational technical data from the operation of basic registers in a way that allows remote access;

(k) the provision of a central communication service on changes to data held in the public administration information system concerning the data subject kept in the population register or the data subject kept in the person register.

(3) The Agency shall ensure that data are transmitted through the information system of the basic registers or the information system of the shared service in an unchanged form.

(4) For the purposes of managing the information system of a shared service, the Agency shall keep a record of the use of data held in agenda information systems, unless it is made available to the public, and shall keep it for 2 years; record contains

(a) the designation of the agent information system or of the private-law system for the use of data through which the data have been used, the code of the agenda, the username of the natural person carrying the role and the name of the entity for which the data are used;

(b) the role of Article 51 (6) (c) in which the natural person used the data;

(c) a list of the data used;

(d) date and time of use of the data;

(e) the reason and the specific purpose of using the data.

(5) The Agency shall, at the request of the person for whom data are kept in the Agency's information systems, issue a record of the use of such data. The alert shall also be issued in the form of a certified output from the public administration information system.

(6) The Agency is not authorised to use data held in basic registers or agendas of information systems except for use under the agenda for which it has been registered.

(7) Where the Agency has reasonable doubt that a public authority or a private-law data user is using personal data unduly, it shall immediately inform the Data Protection Office (hereinafter "the Office ').

(8) The costs associated with the operation of the relevant registry referred to in paragraph 2 (a) shall be borne by the administrator.

§ 8

Agendas Information System Manager

(1) The Administrator (4) of the Agenda Information System ensures the implementation of the link between the Agenda Information System and the Basic Registers Information System for the purpose of recording and using data.

(2) The Agent Information System Manager ensures the implementation of links between the Agenda Information System and other Agendas Information Systems through the base registry information system or shared service information system for the use of data.

(3) The administrator of the agendas information system will allow the use of data held in the agendas of the public authority to the extent that such data is made available to the public authority for the execution of the agendas and to the extent that it is entitled to use such data under this law or other legislation.

(4) The agent information system manager shall ensure the use of the agenda code assigned by the administrator of the registry of rights and obligations when communicating the agenda information system with the basic registry information system or shared service information system.

(5) The agent information system manager uses its own natural and legal person identifiers and uses natural person agendas and legal person identifiers maintained in the register to communicate with the basic registry information system or shared service information system.

(6) The agent information system manager shall establish a mechanism for correcting incorrect data in the agenda information system.

(7) The agent information system administrator shall ensure that the change is communicated to the data kept in the agenda information system on the data subject kept in the population register or the data subject kept in the person register, using the service referred to in Article 7 (2) (k). The agent information system administrator shall provide information on the change of the data held in the agenda information system on another data subject, using its own communication service on changes in data maintained in the agenda information system.

§ 8a

(1) A private-law data user ensures the implementation of the link between the private-law system for the use of data and the information system of the basic registers for the use of data.

(2) A private-law data user ensures the implementation of links between the private-law system for the use of data and the agency information systems through the information system of the basic registers or the information system of the shared service for the use of data.

(3) The private-law data user will ensure the use of the agenda code in the communication of the private-law system for the use of data with the basic registry information system or shared service information system.

(4) A private-law data user uses his or her natural and legal person identifiers and uses natural person agendas and legal person identifiers maintained in the register to communicate with the basic registry information system or shared service information system.

§ 9

Identifiers of natural persons

(1) An agent identifier of a natural person is a non-public identifier that is clearly associated with an alert on a natural person in an agenda information system, a base register or a private legal system for using data within the relevant agenda, derived from the source identifier of a natural person, an agenda code and, in the case of a private legal system for using data, also from the identifier of a private data user and used exclusively for the unambiguous identification of the natural person for the purpose of carrying out the agenda for which he was assigned. A natural person's source identifier cannot be derived from the natural person's agent identifier and cannot be derived from personal or other data on the natural person to whom it was assigned.

(2) The source identifier of a natural person is a non-public identifier. No personal or other data on the natural person to whom he was assigned can be derived from the source identifier of the natural person.

(3) In order to prevent unauthorised use of data maintained in basic registers or agendas, the public authority or the private-law data user shall, when communicating basic registers to each other, basic registers with the agendas information systems or private-law systems for the use of data, agendas information systems for each other and agendas information systems for the use of data, use the identifiers that are:

(a) agenda code;

(b) the natural person's agent identifier.

§ 10

(1) A natural person may only be identified on a single agenda by one agent identifier of the natural person. In the case of an agenda carried out by a private-law data user, a natural person may be identified by the natural person's agent identifiers clearly assigned to the alert on a natural person in individual private-law data-use systems.

(2) An agent identifier of a natural person on an individual agenda derived from a single source identifier of a natural person may not be assigned to several natural persons.

(3) An agent identifier of a natural person may not be modified after allocation unless otherwise provided for in this law.

(4) Where the same natural person agent identifier is assigned on a given agenda to records of two or more natural persons, a new natural person agent identifier shall be assigned to such records.

(5) Where two or more natural person agent identifiers are assigned to an alert on one natural person on that agenda, the procedure referred to in paragraph 4 shall be followed mutatis mutandis.

(6) Where a public authority or a private-law data user finds that there is a deficiency in the allocation of the natural person's agendas identifier, it shall notify the administrator of the agendas information system or the private-law system for the use of data in which the deficiency has been detected without undue delay. The competent administrator of the Agency's information system or of the private-law data-use system shall examine whether the deficiencies identified can be remedied in the Agency's information system or in the private-law data-use system and, where possible, remove the deficiencies.

(7) Where the controller of an agendas information system or a private legal system for the use of data ascertains deficiencies in the allocation of an agendas identifier of a natural person that cannot be removed under paragraph 6, he shall notify the administrator of the population registry without undue delay. The administrator of the population register, in cooperation with the agent information system administrator or the private-law data-use system, shall examine whether the deficiencies identified can be remedied and, where possible, remove the deficiencies; the identity of the natural person; If the deficiencies cannot be remedied in accordance with the procedure laid down in the second sentence, paragraphs 4 and 5 shall be followed.

§ 11

Scope of the Office

(1) Office

(a) establish and maintain lists of natural persons' source identifiers and agendas;

(b) ensure the transfer of an agent identifier of a natural person on an agenda to an agent identifier of that natural person on another agenda and the transfer between the agent identifiers of a natural person within an agenda carried out by a private-law data user on the basis of a legal requirement.

(2) The source identifier of a natural person is used exclusively by the Office for the creation and transfer of natural person agendas referred to in paragraph 1 (a).

§ 12

Identifier of entities kept in the Register of Persons

The identifier of the entity kept in the person register shall be the person identification number.

§ 13

Agenda code

The agenda code is a public identifier that is clearly assigned to the agenda record in the agenda code list in the rights and obligations register.

§ 14

Issue of certified outputs, records and extracts from basic registers

(1) Verified outputs from the public administration information system (1) are issued from the basic register. A certified exit from the public administration information system, issued from the population register and containing the address of the residence, shall be accompanied by a multilingual standard form drawn up in accordance with the directly applicable European Union55).

(2) The base register shall record the use of data held in the base register under the conditions laid down by this law.

(3) Unless otherwise provided by law, the administrator of the base register shall provide a record of the use of data held in the base register only to the person for whom such data are kept.

(4) The administrator of the relevant basic register shall allow the person referred to in paragraph 3 to obtain, free of charge, a record of the use of data held in the basic register in the manner laid down by the law on public administration information systems for procuring output from the public administration information system using an electronic identification device. The administrator of the relevant basic register shall send to the data box of the persons referred to in paragraph 3, at the request of that person, a record free of charge of the use of data held in the basic register. The alert shall also be issued in the form of a certified output from the public administration information system.

(5) Where the change to the data kept in the base register is made, with the exception of the operational or authentication data, the administrator of the base registry shall, without undue delay, send the person referred to in paragraph 3 concerned, if the data box is established and made available, a copy of the data, except for operational and authentication data, from the relevant base register to the data box.

(6) Where a person referred to in paragraph 3 finds that the data that he or she is carrying on the data relating to him or her, with the exception of operational or authentication data, are not in conformity with the actual situation, he or she may request, free of charge, to amend the data of the editor of the relevant data, including through a public administration contact point (6). The public administration contact point shall transmit the application to the editor of the relevant data. The editor shall proceed in accordance with Paragraph 4 (3).

§ 15

The basic registers, the information system of the basic registers and the information system of the shared service are the property of the state. The special rights of the procurer of the database (7), consisting of the relevant basic register, shall be exercised by the administrator of the relevant basic register.

HLAVA II

MARKETING AUTHORISATION NUMBER (S)

§ 16

The register of natural persons referred to in Article 17 shall contain the reference data and other data provided for in this law.

§ 17

Data subjects

Data subjects kept in the population register are:

(a) citizens of the Czech Republic,

(b) foreigners residing in the Czech Republic in the framework of permanent residence or on the basis of a long-stay visa or long-stay permit;

(c) citizens of other Member States of the European Union, citizens of States which are bound by an international treaty negotiated with the European Community9), citizens of States which are bound by the Treaty on European Economic Spaces10), and their family members residing in the territory of the Czech Republic in the framework of a permanent residence or who have been issued a temporary residence document in the territory of the Czech Republic for more than 3 months;

(d) foreigners granted international asylum or supplementary protection11 in the Czech Republic;

(e) other natural persons required by other legislation.

§ 18

Data kept in the population register

(1) The population register

(a) surname, maiden name;

(b) the name and, where appropriate, the names,

(c) sex;

(d) the address of the place of residence (12), or, where appropriate, the address to which the documents are to be served under another legislation (52); the addresses indicated are kept in the form of a reference link (address location code) to the address reference in the territorial identification register; in the case of an address to which documents are to be served under another legislature52), an indication of the identification of the postal compartment, the delivery box or the postal routing number of the place of residence or an address which is outside the territory of the Czech Republic and which has not been assigned an address code in the territorial identification register shall be kept; in the case of the address of the residence (12), this information shall be indicated as the address of the office if it is marked in the same manner in the population registration information system or in the alien information system;

(e) the date, place and district of birth of the data subject who was born abroad, the date, place and state where he was born; the location and county of birth in the Czech Republic shall be kept in the form of a reference link (territorial element code) to the reference entry in the territorial identification register,

(f) the date, place and district of death, if the death of the data subject is outside the territory of the Czech Republic, shall be the date of death, the place and the State in whose territory the death occurred; where the court's decision on the declaration of death is given, the date referred to in the decision as the date of death or, where appropriate, the day on which it did not survive and the date on which the decision was acquired; the location and district of death on the territory of the Czech Republic are kept in the form of a reference link (territorial element code) to the reference entry in the territorial identification register,

(g) citizenship and, where appropriate, multiple citizenship;

(h) the limitation of incapacity;

(i) family status or registered partnership;

(j) the numbers and types of identification documents and their expiry date;

(k) the type of data box and the identifier of the data box (14), where this data box is made available;

(l) the telephone number for the public mobile telephone network or e-mail address for sending the selected information circuit;

(m) serial number, publisher and validity of a qualified certificate for electronic signature;

(n) the data required for electronic identification and authentication, including, where appropriate, the requirement to complete the physical identification of the authentication using those data, if the data subject referred to in Article 17 (a) is involved;

(o) the date and time of blocking and unblocking of the data needed for electronic identification and authentication, if the data subject referred to in Article 17 (a) is concerned.

(2) The data referred to in paragraph 1 (a) to (k) are reference data.

(3) The reference number of the identification document is used for the electronic identification of the holder in communication with public administration information systems. The data required for electronic identification and authentication are authentication data for the purposes of the population register, which is carried out in a one-way encrypted form which does not allow access to its value and which is not public.

(4) The natural person's identifier under Section 9 is the natural person's agent identifier for the population registry agenda.

(5) In addition, operational data are kept in the population register

(a) a record of the use of data kept in the population register for the needs of agenda information systems or private-law data use systems;

(b) a record of the provision of data to the data subject or to another person pursuant to § 58a, which contains the date and time of the provision, the identifier of the consent of the data subject to the provision of data to another natural or legal person and the identification of the person who provided the data;

(c) the date of the last amendment to each data kept in the population register;

(d) a record of the granting or withdrawal of the consent of the data subject to the provision of data to another natural or legal person pursuant to § 58a.

(6) A public authority which, in its activities under this law or other legislation, uses certain reference data held in the population register shall also be entitled to use the information referred to in paragraph 1 (d) of the address to which documents are to be served and the information referred to in paragraph 1 (j) to (m) and paragraph 5 (c).

§ 19

Entry of data into the population register

(1) For the data subjects referred to in § 17 (a), the Ministry of Interior shall be the editor of the data referred to in § 18 (1) (a) to (i) by means of the population registration information system and the data referred to in § 18 (1) (j), § 18 (1) (n), if the data required for electronic identification and authentication are entered, § 18 (1) (o) and Article 18 (3) by means of the information system of civil certificates or travel documents.

(2) For the data subjects referred to in § 17 (b) to (d), the editor of the Police of the Czech Republic or the Ministry of the Interior shall be the ones who record the data referred to in § 18 (1) (a) to (j) and in § 18 (3) through an agency information system in which data on foreigners are kept under another legislation.

(3) For data subjects referred to in § 17 (e), the Ministry of the Interior shall be the editor, which shall record the data referred to in § 18 (1) (a) to (i) through the Aliens Information System (8); where other legislation so provides, the entry referred to in Paragraph 18 (1) (j) shall also be entered.

(4) Where data subjects referred to in points (b) to (e) of Article 17 are given names and surnames, such data shall be processed in the form indicated in the matrix document. If the matrix document has not been issued, data on the name and, where applicable, names and surnames shall be processed, in the form indicated by Latin in the travel document, in the card or in the certificate issued by a stranger under the Act on the residence of foreigners in the Czech Republic or the Act on Asylum.

(5) The data referred to in Section 18 (5) shall be entered in the population register by automated processes through the information system of the Agency's basic registers. The records referred to in Paragraph 18 (5) shall be entered in the scope of:

(a) the agenda code, the agenda information system code or the private-law system for the use of data through which data have been used, the username of the natural person who is the holder of a role which is not public, and the designation of the entity which has used the data or which has been provided;

(b) date and time of use or provision of data;

Citation	Act No. 111 / 2009 Coll., on Basic Registers
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	27.04.2009
Effective from	01.07.2010
Effective until	-
Status	Valid

Act No. 111 / 2009 Coll.

Law on basic registers

Contents