Act No. 142 / 2012 Coll.

Law on the amendment of certain laws in connection with the introduction of basic registers

Valid Effective from 01.07.2012
142
THE LAW
of 11 April 2012
amending certain laws in connection with the introduction of basic registers
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code
Čl. I
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006.
1. In Article 20i (2), the words "or names, surnames, date of birth," shall be inserted after the word "name."
2. The following Section 20k is inserted after Section 20j:
„§ 20k
(1) The regional authority may use the following reference data from the population base register for the performance of the public administration on the association section:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; for a data subject born abroad, the date of birth and the State where he was born.
(2) The regional authority may use the following information from the alien information system for the performance of the administration on the association section:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(d) the address of the place of residence in the Czech Republic.
(3) From the data referred to in paragraphs 1 and 2, only such data as is necessary to fulfil the task may be used in a particular case. Data kept as reference data in the population base register shall be used from the alien information system only if they are in the form preceding the current situation. ';

ČÁST DRUHÁ

Amendment to the Act on State Monument Care
Čl. II
Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 203 / 2006 Coll., Act No. 158 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 307 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 124 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 307 / 2008 Coll., Act No. 307.
1. In Paragraph 3 (4), the last sentence is deleted.
2. In Article 7 (1), the words ", national cultural monuments, conservation, conservation zones, protected zone of real cultural monuments, real national cultural monuments, conservation or conservation zones" shall be inserted after the word "monuments."
3. Paragraph 7 (2) reads as follows:
"(2) After entry in the central list under this Act, the expert organisation of state conservation care shall report to the relevant cadastral office the data and, where appropriate, changes to such data concerning the protection of real estate under this Act entered in the cadastral register under the cadastral law. '
4. § 43a reads:
„§ 43a
(1) The Municipal Office of the Municipality with extended competence, the Regional Office, the Customs Office, the Office of the President of the Republic, the Ministry of Culture and the professional organisation of the State Monument Care use the following reference data from the basic register of residents for the exercise of their duties under this Act:
(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 day on which it did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) The Municipal Office of the Municipality with extended competence, the Regional Office, the Customs Office, the Office of the President of the Republic, the Ministry of Culture and the professional organisation of the State Monument Care use the following data from the information system of the citizens' records for the exercise of their powers under this Act:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) place and district of birth, where born abroad, place and state,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served under a special legislation;
h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(i) the removal or limitation of legal capacity, the name or, where applicable, the names, surnames and birth number of the guardian, if not allocated to him, the date, place and district of his birth and the guardian who was born abroad, the place and state where he was born;
(j) the name and, where appropriate, the name, surname and birth number of the father, mother or other legal representative;
(k) the date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(l) the date given in the court's decision on the declaration of death as the day of death, or a day which he did not survive.
(3) The Municipal Office of the Municipality with extended competence, the Regional Office, the Customs Office, the Office of the President of the Republic, the Ministry of Culture and the professional organisation of the State Monument Care uses the following information from the information system of foreigners for the exercise of their duties under this Act:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) birth number,
(d) sex,
(e) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the type and address of the place of residence in the Czech Republic,
(h) the beginning of the stay or, where appropriate, the date of termination of the stay;
(i) depriving or restricting legal capacity;
(j) the name and, where appropriate, the name of the father, the mother or any other legal representative;
(k) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(l) the date given in the court's decision on the declaration of death as the day of death, or a day which he did not survive.
(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. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST ČTVRTÁ

Amendment of the Local Charges Act
Čl. IV
In Act No. 565 / 1990 Coll., on Local Charges, as amended by Act No. 184 / 1991 Coll., Act No. 338 / 1992 Coll., Act No. 48 / 1994 Coll., Act No. 305 / 1997 Coll., Act No. 149 / 1998 Coll., Act No. 185 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 229 / 2003 Coll., Act No. 270 / 2007 Coll., Act No. 329 / 2009 Coll., Act No. 348 / 2009 Coll., Act No. 183 / 2010 Coll., Act No. 30 / 2011 Coll., Act No. 300 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 458 / 2011 Coll., § 16 reads:
„§ 16
(1) The Municipal Office and the Regional Office use local fees for the purposes of the local charging procedure
(a) reference data from the population base register;
(b) data from the population registration information system;
(c) data from the alien information system.
(2) The data used under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(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, where appropriate, as the day on which it did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The data used under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth, where born abroad, place and state;
(d) birth number,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the address of the place of permanent residence,
(g) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(h) the name and, where applicable, the name, surname, maiden name and address of the place of residence of legal representatives.
(4) The data used under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) birth number,
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the type and address of the place of residence in the Czech Republic,
(g) the beginning of the stay or, where appropriate, the date of termination of the stay.
(5) From the data referred to in paragraphs 1 to 4, only such data as is necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST PÁTÁ

Amendment of the municipal police law
Čl. V
Act No. 553 / 1991 Coll., on Municipal Police, as amended by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 267 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 480 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 427 / 2010 Coll., and Act No. 375 / 2011 Coll., is amended as follows:
1. In Paragraph 11a, the following paragraphs 2 to 6 are inserted after paragraph 1:
"(2) In carrying out its tasks, the municipal police may use the following reference data from the population base register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay and, where applicable, the address to which the documents are to be served under a special legislation;
(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) citizenship and, where appropriate, multiple citizenship.
(3) In the performance of its tasks, the municipal police may use the following data from the population registration information system:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) place and district of birth, where born abroad, place and state;
(d) birth number,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under a special legislation;
(g) the removal or limitation of legal capacity, the name or, where applicable, the names, surnames and birth number of the guardian, if not allocated to him, the date, place and district of his birth and the guardian who was born abroad, the place and state where he was born;
(h) the name and, where applicable, the name, surname and birth number of the father, mother or other legal representative.
(4) In carrying out its tasks, the municipal police may require the following information from the alien information system, other than those contained in the basic population register:
(a) the number and validity of the residence permit;
(b) the beginning of the stay or the date of termination of the stay in the Czech Republic,
(c) removal or limitation of legal capacity;
(d) administrative or judicial expulsion and the period during which aliens are not allowed to enter the territory of the Czech Republic.
(5) Data which are referred to as reference data in the population base register shall be used from the population registration information system or from the alien information system only if they are in the form preceding the current situation.
(6) Only such data as are necessary to identify the person and to the extent that the task is performed may be used from the data provided in a particular case. Where the data required are of the nature of personal data, the requested authority shall provide them only to the extent strictly necessary to identify the person referred to in Article 12 (1). The documentation for each use of the data referred to in paragraphs 2 to 4 shall be kept for 1 year. ';
Paragraphs 2 and 3 shall be renumbered paragraphs 7 and 8.
2. In Paragraph 11a (7), the words "and security 'shall be inserted after the words" technical'.
3. Paragraph 11a (8) is deleted.

ČÁST ŠESTÁ

Change of notarial order
Čl. VI
In Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 82 / 1998 Coll., Act No. 30 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 70 / 2001 Coll., Act No. 352 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 344 / 2005 Coll., Act No. 349 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 554 / 2004 Coll., Act No. 628 / 2004 Coll.

„ČÁST DEVÁTÁ

USE OF DATA FROM THE BASIC REGISTER OF SURVIVORS AND AGENDA INFORMATION SYSTEMS
§ 109a
The notary uses the following reference data from the population base register for the purposes of acts performed by a court under another legislature2) or for notarial activity:
(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 day on which it did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
§ 109b
(1) A notary shall use the following data from the population registration information system for the purposes of operations carried out by a court under another legislature2) or for notarial activity:
(a) the name and, where appropriate, the names, surnames, including previous surnames, surnames,
(b) the date of birth;
(c) sex;
(d) place and district of birth, where born abroad, place and state,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served under another legislation;
(h) the removal or limitation of legal capacity, the name or, where appropriate, the names, surnames and birth number of the guardian, if not allocated to him, the date, place and district of his birth, and the guardian who was born abroad, the place and state where he was born; where the guardian is appointed by the local authority, the name and address of the registered office;
(i) the name and / or surname (s), including previous surnames, the birth number of the father, mother or other legal representative (s); where one of the parents or other legal representative is not assigned the birth number, the name and, where applicable, the names, surnames and date of birth; where another legal representative of the child is a legal person, the name and address of the registered office;
(j) the family status, the date, place and district of the marriage, where the marriage was concluded outside the territory of the Czech Republic, the place and state, the date on which the court's decision to declare the marriage null, the date on which the court's decision on the absence of marriage became final, the date on which the marriage was terminated by the death of one of the spouses, or the date on which the court's decision on the divorce of the marriage was acquired, and the date on which the final decision on the death of the death was declared as the date of death, or, where appropriate, the date on which the court's decision on the divorce of the marriage was acquired;
(k) the date and place of the establishment of the registered partnership, the date of the acquisition of legal power of the decision of the court of invalidity or the absence of a registered partnership, the date of the expiry of the registered partnership by the death of one of the registered partners, or the date of the acquisition of legal authority of the decision of the court of death, and the date of the final decision of the court of death as the date of death, or the date of the acquisition of legal power of the decision of the court of revocation of the registered partnership;
(l) the name and, where applicable, the name, surname, including previous surnames, and the home number of the spouse or registered partner; if the spouse or registered partner is a natural person who is not assigned a birth number, the name or, where applicable, the name, surname and date of birth of the spouse or registered partner;
(m) the name, names, surnames, including previous surnames, and the birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth;
(n) date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(o) the date given in the court's decision on the death declaration as the day of death, or the day which he did not survive.
(2) Data which are kept as references in the population base register shall be used from the population registration information system only if they are in the form preceding the current situation.
(3) A notary shall use the following information from the register of birth numbers for the purposes of acts which he carries out under the authority of a court under another legislature2) or for notarial activity:
(a) the name and, where appropriate, the name, surname and, where appropriate, the maiden name of the carrier of the birth number;
(b) birth number,
(c) in the case of a change in the birth number of the original birth number,
(d) the date, place and district of birth and, in the case of the carrier of the birth number born abroad, the State on whose territory he was born.
§ 109c
(1) The notary shall use the following data from the alien information system for the purposes of acts which he carries out under the authority of the court under another legal provision (2):
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the type and address of the place of residence in the Czech Republic,
(h) removal or limitation of legal capacity;
(i) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(j) the date indicated in the court's decision on the declaration of death as the day of death, or the day which he did not survive.
(2) Data which are kept as references in the population base register shall be used from the alien information system only if they are in the form preceding the current situation.
§ 109d
The notary shall use the following data from the information system for the registration of civil ID cards and their holders in a manner enabling remote access for the purpose of carrying out acts carried out under the authority of a court under another legislation (2) or for notarial activity:
(a) the name and, where appropriate, the name and surname;
(b) birth number,
(c) place and district of birth, where born abroad, place and state;
(d) the number or series of identity cards, where applicable;
(e) the date of issue of the identity card;
(f) the designation of the office which issued the identity card;
(g) the expiry date of the identity card;
(h) the numbers and, where appropriate, the series of lost, stolen, destroyed or invalid identity cards and the date of the declaration of loss, theft or destruction of the identity card.

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Regulation Information

CitationAct No. 142 / 2012 Coll., on the amendment of certain laws in connection with the introduction of basic registers
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation07.05.2012
Effective from01.07.2012
Effective until-
Status Valid
The regulation text is for informational purposes only.
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