Act No. 136 / 2006 Coll.
Law amending certain laws on the section of travel documents
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Effective from 01.09.2006
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136
THE LAW
of 14 March 2006
amending certain laws on the section of travel documents
Parliament has decided on this law of the Czech Republic:
Amendment to the Travel Documents Act
Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on travel documents), as amended by Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 539 / 2004 Coll. and Act No. 559 / 2004 Coll., is amended as follows:
1. In the second sentence of Article 2 (1), the words "or processed 'shall be inserted after the words" registered'.
2. In Article 2, the following paragraph 4 is added:
"(4) Data processed in a biometric data medium (Section 5 (2)) shall not be processed in any way other than that provided for in the law."
3. In the third sentence of Paragraph 3 (1), the words "in whose travel document 'are replaced by the words" in whose travel document'.
4. In the first sentence of Article 3 (3), the words "including the verification of the authenticity of the travel document and the verification of its identity by means of personal data entered in the travel document, or the comparison of biometric data (Section 5 (2)) processed in the data medium by means of a technical device enabling the comparison of the current biometric data of a citizen with biometric data processed in the travel document's data medium, if any, if it is a travel document containing a biometric data carrier ';
5. In Article 3 (3), the sentence "By verifying the identity according to the first sentence, for the purposes of this Act, the identification of a citizen as the holder of a travel document according to a photograph and other information contained in the travel document, carried out also using biometric data (Section 5 (2)), shall be inserted after the sentence" Where a travel document containing a biometric data carrier is used. "
6. Paragraph 5 (2), including footnote 2b, reads:
"(2) The travel documents referred to in paragraph 1 (a) to (c) shall contain machine-readable data and a storage data medium
(a) facial image data;
(b) fingerprint data;
(c) data processed on the data page of the travel document; and
(d) other security features laid down by the directly applicable legislation of the European Community2b).
These travel documents shall be issued within 30 days; if the application is submitted to the diplomatic mission of the Czech Republic or to the consular office of the Czech Republic (hereinafter referred to as the "representative office '), with the exception of the consular office led by the honorary consular officer, within 120 days. For the purposes of this Act, the facial image and fingerprint data are biometric.
(2b) Article 2 of Council Regulation (EC) No 2252 / 2004 of 13 December 2004 on standards for security and biometric features in passports and travel documents issued by Member States. ';
7. In Article 5, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) If a citizen applies for a passport to be issued within less than 30 days and if the application is lodged with the representative office, within less than 120 days, the passport shall be issued to him without machine-readable data and without a biometric data medium within 15 days and, if the application is made to the representative office, within 60 days. This passport does not contain digital photo processing and the signature of a citizen.
(4) A citizen older than 5 years who is unable to obtain fingerprints on account of anatomical or physiological changes or the disability of the fingers shall be issued with machine-readable data bearing the data in which only facial images are processed from biometric data. In this case, the impossibility of fingerprinting is also processed.
(5) A passport shall be issued to a citizen under 5 years of age without a biometric data carrier and without machine-readable data which does not contain digital photo processing or a citizen's signature, or a diplomatic or service passport without a biometric data carrier which contains machine-readable data and digital photo processing and citizen's signature. Where an application for a passport is submitted to the representative office without a biometric data medium and without machine-readable data to a citizen under 5 years of age, the passport shall be issued within 60 days; the same period shall apply to service and diplomatic passports issued for a citizen under the age of 5. ';
Paragraph 3 shall become paragraph 6.
8. Paragraph 6 (1), including footnote 2c, reads:
"(1) The travel document contains the information provided for by this Act and the directly applicable legislation of the European Community2c), the signature of the citizen and his photograph.
(2c) Council Regulation (EC) No 2252 / 2004. '
Footnotes 2b and 2c are renumbered footnotes 2d and 2e, including the footnotes.
9. In Article 6, the following paragraph 2 is inserted after paragraph 1:
"(2) Travel documents issued with a period of validity of more than 1 year shall always contain machine-readable, biometric and other data provided for by this Act, including digital processing and signature of the photograph of the citizen. Biometric data may be used exclusively to verify the authenticity of the travel document and to verify the identity of the citizen using the personal data entered in the travel document, or to compare biometric data (Section 5 (2)) processed in the data medium by means of a technical device enabling comparison of the current biometric data of the citizen with biometric data processed in the travel document data carrier. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
10. Article 7, including footnotes 3 to 3b and 4, reads as follows:
The compulsory data entered on the travel document at the request of the citizen shall be:
(a) the designation of a graduate of a higher vocational school (3), the academic degree, the status mark, another graduate of a higher school (3a), the designation of a "professor" or "professor" (3b) (hereinafter referred to as the "title") or the scientific values4); the title or scientific rank shall be given in abbreviation where it is provided for by a specific legislation;
(b) on the travel licence, the parent's name and surname, date of birth and sex of a citizen under the age of 15.
3) § 101 of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act).
3a) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended.
3b) § 70 of Act No. 111 / 1998 Coll.
4) § 102 of Act No. 111 / 1998 Coll. '
11. in Paragraph 9 (1):
"(1) When checking a citizen's travel document at the border crossing point, the police shall, at his request, enter in the travel document a record of the crossing of the national border containing the date and direction of crossing the border and, where appropriate, the name of the border crossing point; the travel document shall also include, at the request of the citizen, the number of accompanying children of the parents if they are entered on his travel licence. ';
12. in Articles 10 (1) (a) and 10 (2) (a), the words "in the travel document of his parents" shall be replaced by the words "in the travel card of his parents" and the words "if this travel document is a passport, diplomatic passport, service passport or passport," shall be deleted;
13. in Article 10 (4), the words "diplomatic mission of the Czech Republic or consular post of the Czech Republic (hereinafter referred to as" representative office ")" shall be replaced by "representative office."
14. Paragraph 11 (1) reads as follows:
"(1) A passport, diplomatic passport and service passport containing machine-readable data and a biometric data carrier shall be issued with territorial validity to all countries of the world and with a period of validity of 5 years to citizens older than 5 years and under 15 years, or 10 years to citizens older than 15 years."
15. In Article 11, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) A passport without machine-readable data and without a biometric data carrier shall be issued with territorial validity in all countries of the world and with a period of validity of 6 months; a citizen under 5 years of age shall be issued with a period of validity of 1 year.
(3) Diplomatic or service passport without a biometric data medium shall be issued with territorial validity in all countries of the world and with a period of validity of 1 year. '
Paragraph 2 shall become paragraph 4.
16. in Article 11 (4), the words "to 3" shall be inserted after the words "paragraph 1."
17. In the first sentence of Article 15 (1), the words "abroad 'shall be inserted after the words" travel document'.
18. In the second sentence of Article 15 (1), the words "the municipal authority of the municipality with extended competence competent according to the place of permanent residence of the citizen or 'shall be deleted.
19. In Paragraph 15, at the end of paragraph 1, the phrase "A travel licence may be issued for a period of no more than 6 months' shall be added.
20. Paragraph 16 (2), including footnote 6, is deleted and paragraph 1 is deleted.
21. in Paragraph 17 (10), the words "diplomatic passport, service passport or" shall be deleted;
22. At the end of Paragraph 18, the words "; this is not the case when a travel document with machine-readable data and a data carrier with biometric data 'are added.
23. in 19 (1), "Paragraph 20 (4)" is replaced by "Paragraph 20 (8)."
24. In Paragraph 19, the sentence "An application for a passport with machine-readable data and a biometric data medium may be submitted to the representative office, except for a consular office led by a fee-based consular officer."
25. In Paragraph 19, the words "when a passport with machine-readable data and a biometric data carrier is involved 'are added at the end of the text of paragraph 2.
26. In Article 20, the following paragraphs 2 to 4 are inserted after paragraph 1, including footnote 11a:
"(2) Where a citizen requests the issuance of a travel document with machine-readable data and a data medium with biometric data, the request shall be handled by the competent authority responsible for issuing the travel document or by the representative office, with the exception of a consular office maintained by a fee-based consular officer, using the data kept in the population information system (11a), the travel document records (§ 29) and the registration of diplomatic and service passports (§ 29a), which shall simultaneously take the biometric data of the citizen; Part of the application processing is the citizen's own signature intended for further digital processing.
(3) The authority responsible for issuing a travel document with machine-readable data and with a data medium with biometric data or a representative office, with the exception of a consular office managed by a fee-based consular officer, shall proceed with the processing of an application for the issue of such travel document in accordance with Sections 21 and 21a. The processed application shall be printed with a picture of the face and the signature of the citizen and shall be submitted to a citizen who, by his signature, confirms its accuracy and completeness.
(4) For the purpose of carrying out the tasks referred to in Articles 20 (2) and (3) and 30 (2) and (3), the representative office, with the exception of the consular office, shall use data from the information system of the population and travel documents via the Ministry of Foreign Affairs' remote access in the communication infrastructure between the Ministry and the Ministry of Foreign Affairs.
Paragraphs 2 to 5 shall be renumbered paragraphs 5 to 8.
11a) § 3 (2) of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 53 / 2004 Coll. '
27th Paragraph 20 (5) reads:
"(5) The application for the issue of a travel document without machine-readable data and without a biometric data carrier shall be accompanied by 2 photographs of the size of 35 mm x 45 mm, corresponding to the present form of a citizen, displaying a citizen in a frontal view, in civil clothing, without headgear, without glasses with dark glass, except for the blind, with a height of the face part of the head from the eyes to the chin of at least 13 mm (hereinafter referred to as" the photograph '), which meet the technical requirements laid down by the Ministerial Decree. An application for a diplomatic and service passport with machine-readable data and without a biometric data carrier shall be accompanied by 1 photograph. The application for a travel document may be submitted for religious or health reasons in the case of a photograph with a headgear; the cover must not cover the facial part in a way that would make identification impossible. When taking facial image data as biometric data, the requirements for displaying a citizen's face on a photograph according to the previous sentences shall apply mutatis mutandis.';
28. In Paragraph 20, the words "or surname only 'shall be added at the end of the text of paragraph 6.
29. In Article 20, the following paragraph 9 is added:
"(9) In an agreement with the Ministry of Foreign Affairs, the Ministry shall provide for technical conditions and procedures for the acquisition and further processing of biometric data, including the procedure for the acquisition of biometric data by citizens with unusual anatomical or physiological preconditions for facial display or for the acquisition of fingerprints on their right and left hands. '
30. The following Sections 21a and 21b are inserted after Section 21:
Processing of biometric data
(1) The authority responsible for issuing the travel document, with machine-readable data and a data medium containing biometric data or a representative office, with the exception of a consular office maintained by a fee-based consular officer, shall obtain biometric data if:
(a) the accuracy of the data processed in the application for this travel document has been verified;
(b) there is no reason to refuse the issue of a travel document pursuant to Article 23.
(2) The facial image data obtained shall be digitised for the purpose of keeping the data in the travel document register and in the record of diplomatic and service passports [§ 29 (2) (b) (7) and § 29a (2) (b) (7)] and the processing of the citizen's printed form in the travel document and shall be inserted into the data carrier.
Control of the functionality of the data carrier with biometric data by the authority responsible for issuing the travel document
The authority responsible for issuing the travel document with machine-readable data and the biometric data carrier shall check the technical functionality of the biometric data carrier when taking over each such travel document from the Ministry. If they find that the data carrier is technically inoperative, they shall immediately return the travel document to the Ministry, which shall ensure the manufacture of a new travel document with machine-readable data and a biometric data carrier. This shall not apply if the travel document referred to in Article 5 (1) (b) and (c) is applied. ';
31. in Paragraph 22 (1) (d), the words "diplomatic passport, service passport or otherwise" shall be deleted;
32. In Section 22, at the end of paragraph 2, the sentence "A passport with machine-readable data and a data carrier with biometric data may only be taken over by the authority for which the application for extradition has been submitted."
33. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) A citizen to whom a travel document is issued with machine-readable data and with a data carrier with biometric data or, where appropriate, his representative in accordance with § 17 (3) to (8) shall be verified on request for the accuracy of the personal data contained in the travel document issued, the functionality of the data carrier with biometric data and the accuracy of the biometric data processed therein. The functionality of the data carrier and the accuracy of the processed biometric data shall be verified by means of a technical device enabling comparison of the current biometric data of the citizen with the biometric data processed in the travel document data medium. In the event that the data medium with biometric data is found to be malfunctioning, or that the personal data processed in it is found to be incorrect, or that the personal data processed in the travel document are found to be incorrect, the citizen shall be entitled to issue a new travel document. ';
Paragraph 3 shall become paragraph 4.
Article 34 (27) shall be deleted;
35. in Article 28 (1), the following point (c) is inserted after point (b), including footnote 15a:
"(c) the expiry of a period of 3 months from the date of the change in the surname of the citizen, where this occurred in connection with the conclusion of the marriage of a citizen (15a);
15a) § 8 of the Family Act. '.
Point (c) shall be renumbered (d).
36. in Article 28 (2) (b), the words "except for incorrect indication of the current surname of the citizen, where the change of surname has taken place in connection with the conclusion of the marriage of the citizen (15a)," shall be inserted after the words "amendments made,"
37. in Paragraph 28 (2) (c), "(§ 20 (2))" is replaced by "(§ 20 (5))."
38. In Paragraph 28, the following paragraph 3 is inserted after paragraph 2:
"(3) Where a citizen's travel document contains an incorrect indication of his current surname due to a change in his or her name, if it has taken place in connection with the marriage of a citizen (15a), the authority responsible for issuing the travel document shall not decide on its expiry; for this travel document, for a period of 3 months from the date of conclusion of the marriage, the surname before the change which occurred for the reasons referred to in this paragraph shall be considered to be accurate for the purposes of this law, with the application of paragraph 1 (c) at the same time. ';
Paragraph 3 shall become paragraph 4.
39. Paragraph 29 (1), including footnote 16, reads as follows:
"(1) Data on travel documents and their holders, with the exception of diplomatic and service passports, are processed (16) in the travel document register of which the administrator (16) is the Ministry.
16) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
40. in Article 29 (2) (a):
"(a) the application for the travel document:
1. the number of the application for a passport with machine-readable data and a biometric data carrier;
2. the information contained in the application for the travel document referred to in point 1, including the digital processing of the photograph and the signature of the applicant;
3. biometric data, if there is an application for a travel document with machine-readable data and a data carrier with biometric data, ';
41.In Paragraph 29 (2) (b), the following point 5 is inserted after point 4:
"5. Date of receipt of the travel document, ';
Points 5 to 10 shall be renumbered 6 to 11.
(42) In Article 29 (2) (b), the words' shall be added at the end of the text of point 8; where biometric information is obtained on the display of the face, the digitised form of the face of the holder of the travel document in accordance with Article 21a (2) 'shall be kept.
43. In Paragraph 29 (2) (b) (9), "§ 7 (b)" is replaced by "§ 7 (a)."
44. in Paragraph 29 (2) (b) (10), the words "entered in the parent's travel document" shall be replaced by the words "entered in the parent's travel licence."
45. in Article 29 (2), the following point (c) is inserted after point (b):
"(c) the data medium with biometric data and the data records in the medium
1. the data carrier number,
2. a code expressing the essential characteristics of the parts of the data stored on the data medium in accordance with this Act;
3. the code of the public part of the electronic signature of the person who entered the data in the data medium; ';
Points (c) to (f) shall be renumbered (d) to (g).
46. In Paragraph 29, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) When providing the data referred to in Article 30 (5), the travel document records referred to in Article 29 shall also record the access to this information system, which shall include data on:
(a) assigned to the user name of the data recipient,
(b) the date, month, year and time of the provision of data;
(c) the natural number of the holder whose data are provided or any other data which is decisive for the search for that holder, and the search for the relevant holder shall be carried out through other holders for which a common figure is used;
(d) the reason for access to the travel document records.
(4) The information referred to in paragraph 2 (a) (2) shall be transferred to the part of the travel document referred to in paragraph 2 (b), after transmission of the travel document to its holder or, where appropriate, to the representative referred to in paragraphs 17 (3) to (8). The data referred to in point (a) (3) of paragraph 2 shall be kept exclusively for the period from their acquisition to the expiry of a period of 60 days from the date of delivery of the travel document produced to the Ministry; after the expiry of this period, the manager of the travel document records pursuant to Paragraph 29 shall be obliged to dispose of the biometric data obtained without delay. '.
Paragraph 3 shall become paragraph 5.
47. in Paragraph 29 (5), "paragraph 2 (b) and (c)" is replaced by "paragraph 2 (b) and (d) and paragraph 3"; "paragraph 2 (d)" is replaced by "paragraph 2 (e)" and "paragraph 2 (e)" is replaced by "paragraph 2 (f)."
48. The following Section 29a is inserted after Paragraph 29:
(1) Data on diplomatic and service passports and their holders are processed in the information system for the registration of diplomatic and service passports (hereinafter referred to as "diplomatic and service passports"), the administrator of which is the Ministry of Foreign Affairs.
(2) The records of diplomatic and service passports shall be kept on computer equipment and shall include:
(a) an application for a diplomatic or service passport:
1. the number of the application for a diplomatic or service passport with machine-readable data and a biometric data carrier;
2. the information contained in the application for a diplomatic or service passport referred to in point 1, including the digital processing of the photograph and the signature of the applicant;
3. biometric data,
(b) issue of a diplomatic or service passport:
1. the name and, where appropriate, the name, surname and birth number of the holder;
2. the place and district of birth and, in the case of a citizen born abroad, only the state of birth;
3. the number and type of diplomatic or service passport issued,
4. the date of issue of the diplomatic or service passport;
5. the date of receipt of the travel document,
6th term of validity of diplomatic or service passport,
7. the designation of the authority which issued the diplomatic or service passport;
8. digital photo processing and signature of the holder,
9. The data referred to in § 7 (a),
(c) the biometric data medium and the data records in the medium:
1. the data carrier number,
2. a code expressing the essential characteristics of the parts of the data stored on the data medium in accordance with this Act;
3. the code of the public part of the electronic signature of the person who entered the data in the data medium;
(d) diplomatic or service passports lost, stolen or invalid: number and type of diplomatic or service passport lost, stolen or invalid,
(e) the detention of a diplomatic or service passport:
1. the type and number of diplomatic or service passport to be or to be detained;
2. an indication of the authority which requested the detention of a diplomatic or service passport;
3. an indication of the authority which detained the diplomatic or service passport;
4. date and reason for detention of diplomatic or service passport;
5. the date and reason for the return of the detained diplomatic or service passport;
6. the name and, where applicable, the name, surname and birth number of the holder,
(f) refusing the issue or withdrawal of a diplomatic or service passport:
1. the type and number of diplomatic or service passport which has been withdrawn,
2. an indication of the authority which has requested to refuse the issue or withdrawal of a diplomatic or service passport;
3. an indication of the authority which has decided to refuse the issue or withdrawal of a diplomatic or service passport,
4. the date and reason for the refusal to issue or withdraw a diplomatic or service passport;
5. the date and reason for returning the withdrawn diplomatic or service passport;
6. the date and reason for the revocation of the refusal to issue a diplomatic or service passport;
7. the name and, where applicable, the name, surname and birth number of the citizen to whom the refusal to issue or withdraw a diplomatic or service passport is subject;
(g) the hour, day, month and year of submission of the data.
(3) The record of diplomatic and service passports shall also record, when providing data pursuant to Article 30 (5), entries of access to this information system containing:
(a) assigned to the user name of the data recipient,
(b) the date, month, year and time of the provision of data;
(c) the natural number of the holder whose data are provided or any other data which is decisive for the search for that holder, and the search for the relevant holder shall be carried out through other holders for which a common figure is used;
(d) the reason for access to the travel document records.
The data referred to in paragraph 2 (a) (2) shall be transferred to the diplomatic and service passports referred to in paragraph 2 (b), where appropriate, to the representative referred to in paragraphs 17 (3) to (8) after transmission of the diplomatic or service passport to the holder. The data referred to in point (a) (3) of paragraph 2 shall be kept exclusively for the period from their acquisition until the expiry of a period of 60 days from the date of delivery of the travel document produced to the Ministry of Foreign Affairs; upon expiry of that period, the administrator of the record of diplomatic and service passports shall be obliged to dispose of the biometric data obtained immediately.
(4) The information referred to in paragraph 2 (b) and (d) and paragraph 3 shall be kept for a period of 15 years from the expiry of the diplomatic or service passport, the data referred to in paragraph 2 (a). (e) they shall be kept for as long as is necessary to fulfil the purpose of the detention of a diplomatic or service passport, and the particulars referred to in paragraph 2 (f) shall be kept for the duration of the grounds for refusing the issue of a diplomatic or service passport, but for at least 3 years from the date of the entry into force of the decision, in the case of refusal to issue a diplomatic or service passport, and for a period of 15 years from the expiry of the period of validity of the diplomatic or service passport, in the case of withdrawal of the decision. "
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Regulation Information
| Citation | Act No. 136 / 2006 Coll., amending certain laws on the section of travel documents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 01.09.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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