Act No. 119 / 2007 Coll.
Act amending Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence
Valid
Law
Effective from 24.05.2007
Text versions:
24.05.2007
119
THE LAW
of 24 April 2007
amending Act No. 412 / 2005 Coll., on the protection of classified information and on security competence
Parliament has decided on this law of the Czech Republic:
Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, is amended as follows:
1. in Article 56 (1) (d), the words "by demise or transmission23)" shall be replaced by "or by";
footnote 23 is deleted.
2. In Paragraph 56 (1) (g), the word "or 'is deleted.
3. in Article 56 (1), the following point (h) is inserted after point (g):
"(h) the creation of a service of a member of the intelligence service or of an employment relationship of a staff member included in the intelligence service, if it is a natural person's certificate issued by the Office; or"
Point (h) shall be renumbered as point (i).
4. In Article 56 (1) (i), the words "included in 'shall be inserted after the word" staff member', the words "stop 'shall be replaced by the words" stop' and the words' shall be added at the end of the text of the letter, if it is a natural person certificate issued by the competent intelligence service or by the Ministry of Interior '.
5. The following Section 56a is inserted after Section 56:
(1) In the event of the expiry of the certificate of a natural person referred to in Article 56 (1) (h), the competent intelligence service shall issue a new certificate to that natural person replacing the original certificate at the date of the establishment of its service or employment.
(2) In the event of the expiry of a certificate of a natural person under Paragraph 56 (1) (i), it shall issue a new certificate to that natural person replacing the original certificate,
(a) the competent intelligence service, on the date on which the natural person became a member of the intelligence service or employee's employment in the intelligence service;
(b) the Ministry of the Interior, on the date on which the natural person became the person referred to in Paragraph 141 (1); or
(c) in other cases, on the date following the date of expiry of the original certificate. A new certificate of a natural person shall be issued by the Office upon written request of that natural person within 5 days of the date of receipt of the request. An application for a new certificate of a natural person may be submitted within 30 days of the date of expiry of the original certificate; the certificate of the competent intelligence service or Ministry of Interior referred to in paragraph 3 shall be annexed to the application.
(3) The competent intelligence service or the Ministry of Interior shall confirm in the case of the procedure referred to in paragraph 2 (a). (c) the expiry of the certificate of a natural person at the request of that natural person within 5 days of the date of receipt of the application. The certificate shall indicate the authority of the State which issued the original certificate of the natural person, the particulars referred to in § 54 (2) (a) to (f) and the date of expiry of the certificate.
(4) The authority of the State which issued the new certificate of a natural person shall request in writing the security union of that person from the authority of the State which issued the original certificate. the security union shall be transmitted within 5 days of the date of receipt of the request. ';
6. In Paragraph 58, at the end of paragraph 3, the sentence "This person may not be allowed access to classified information of a foreign authority 'is added.
7. In Article 58, the following paragraph 6 is added:
"(6) The persons referred to in paragraphs 1 and 4 shall not, with the exception of the President of the Republic, the President of the Senate of Parliament, the President of the Chamber of Deputies of Parliament, the Prime Minister and the Minister of Foreign Affairs, have access to classified information of foreign authority. ';
8. Paragraph 59 (7) reads as follows:
"(7) One-off access to classified information of a foreign authority may be granted only in accordance with the requirements of that foreign authority. ';
9. Paragraph 60 (6) reads:
"(6) In emergency situations, access to classified information may be granted only in accordance with the requirements of that foreign power. ';
10. in Paragraph 66 (1) (b), "§ 56 (1) (b), (f) and (g)" is replaced by "§ 56 (1) (b) and (f) to (i)";
11. in Article 68, at the end of point (e), the dot is replaced by a comma and the following point (f) is added, including footnote 28a:
"(f) to send a decision on transformation28a) to the Office within 15 days of its adoption.
28a) § 69 of the Commercial Code. '
12. in § 77 (5), "§ 73 and § 78 (3)" shall be replaced by "and § 73";
13. In Article 77, the following paragraph 6 is added:
"(6) The classified information of a foreign power may only be provided to another foreign power in accordance with its requirements. ';
14. Paragraph 78 (3) is deleted.
15. in Paragraph 106, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
16. in Article 106 (2), the words "or 2" shall be deleted;
17. in Paragraph 106 (3), the words "1 and 3" are replaced by the words "1 and 2" and the words "and in accordance with paragraph 2, the party to the proceedings" are deleted;
18. in Paragraph 112 (1) (f), the words "with the exception of the provisions of the expert referred to in Article 106 (2)" shall be deleted;
19. at the end of the text in point (a), the words "and issue a certificate of a natural person pursuant to Article 56a" shall be added.
20. in Paragraph 138 (1) (b), the words "included in" shall be inserted after the word "staff."
21. in Paragraph 140 (1) (a), the word "u" shall be replaced by the words "in the case" after the word "ratio," the words "with the exception of candidates for admission to service or employment who hold at least a natural person's certificate for the required level of secrecy," and the words "and issue a natural person's certificate under § 56a" shall be added at the end of the text of the letter.
22. in Paragraph 141 (1):
"(1) The Ministry of the Interior shall decide on the request of a natural person in the case of members of the police selected in order to carry out serious police tasks by the Minister of the Interior, with the exception of members of the police holding a certificate of a natural person at least for the level of secrecy required, and on the revocation of the certificate of a natural person in those members of the police and issuing a certificate of a natural person in accordance with Section 56a. ';
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 119 / 2007 Coll., amending Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2007 |
|---|---|
| Effective from | 24.05.2007 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Taxes
Finance
Information, Data, Data
Commercial law
Businessman, Company
Labour law
Administrative offences
Administrative authorities
Administrative law
State (official) control
Constitutional (state) law
Science and research
Water, Water management
Fundamental human rights
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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