Act No. 150 / 2011 Coll.
Act amending Act No. 273 / 2008 Coll., on Police of the Czech Republic, as amended, Act No. 124 / 1992 Coll., on Military Police, as amended, Act No. 185 / 2004 Coll., on Customs Administration of the Czech Republic, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Valid
Effective from 22.06.2011
150
THE LAW
of 28 April 2011
amending Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended, Act No. 124 / 1992 Coll., on Military Police, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended, and Act No. 141 / 1961 Coll., on the Criminal Procedure (Criminal Code), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Police Act of the Czech Republic
Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended by Act No. 41 / 2009 Coll. and Act No. 153 / 2010 Coll., is amended as follows:
1. in Articles 2, 80 (1) (a) and 80 (2), the words "the European Communities" shall be replaced by the words "the European Union."
2. In Paragraph 34, the following paragraph 4 is added:
"(4) Where the matter referred to in paragraph 1 or 2 is a narcotic or psychotropic substance and the offence is dealt with in block proceedings, the police shall destroy or register such substance for the purposes of Paragraph 38. '
3. In Paragraph 60 (2), the sentence "The police will further take the necessary measures to ensure the safety and reliability of the information system in operation 'is inserted after the first sentence.
4. Paragraph 66 (2), including footnotes 33 and 34, reads:
"(2) Police may, to the extent necessary for the performance of a particular task, request from the registry administrator or processor the provision of information from the subscriber database of publicly available telephone services (20), the agency information system for the registration of citizens' identification documents (21), the agency information system for travel documents (22), the agency information system for the registration of diplomatic and service passports (22), the agency information system for the registration of residents (23), the data register of myths (24), the property register of public authorities and certain rights and obligations (33), the basic register of legal entities, the road vehicle register (34), the central register of road vehicles (34), the historical and the sports vehicle register (34), the central register of agencies of public authorities (10), and the central register of directorictions10), in a manner enabling remote access and the central register of access; in the case of an agency information system for the registration of citizens' identity cards and an agency information system for the registration of travel documents, the information may only be provided in a way that allows continuous access; in the case of the subscriber database, the information shall be provided in the form and to the extent provided for by other legislation20).
33) Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll. and Act No. 424 / 2010 Coll.
34) Act No. 56 / 2001 Coll., on the conditions of operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on Insurance of Liability for Damage caused by the operation of a vehicle and amending certain related laws (Act on Insurance of Liability from the operation of a vehicle), as amended by Act No. 307 / 1999 Coll., as amended. '
5. In Paragraph 79 (2), the words "specific criminal proceedings' are replaced by the words" investigation of a particular offence or administrative offence '.
6. In Paragraph 80, paragraphs 7 to 9 are added:
"(7) Upon the transfer or disclosure of personal data to another State or international organisation, police may lay down the conditions arising from this or any other law concerning the processing of personal data transmitted or made available.
(8) Furthermore, the police may:
(a) agree that personal data transmitted by the police to that State or international organisation, the third State or international organisation, shall be transmitted through another State or international organisation; such consent may also be given in general;
(b) request information from another State or international organisation on the processing of personal data transmitted.
(9) No authorisation of the Office for the Protection of Personal Data (hereinafter referred to as "the Office ') under another legislation shall be required for the transfer of personal data abroad under this Act.';
7. The following Section 80a is inserted after Section 80:
Processing of personal data transmitted within the European Union
(1) The police shall, in accordance with the relevant European Union law on police cooperation, process personal data made available or transmitted in the performance of their tasks.
(a) by a Member State of the European Union or by a State associated with an international treaty for the implementation of the Schengen provisions (hereinafter referred to as "the Associated State") or made available or transferred to a Member State of the European Union or an Associated State; or
(b) an authority established under the Treaty on European Union or the Treaty on the Functioning of the European Union (hereinafter referred to as "the European institution") or an information system established under the Treaty on European Union or the Treaty on the Functioning of the European Union (hereinafter referred to as the European Information System) or made available or transmitted to a European authority or to a European Information System;
to the extent and under the conditions laid down by law.
(2) The police, when processing personal data made available or transmitted pursuant to paragraph 1, comply with the conditions laid down by the transmitting authority on the basis of the relevant European Union law on police cooperation.
(3) Where the consent or expression of a Member State of the European Union, of an associated State or of a European institution is necessary to comply with the conditions laid down by the relevant European Union law on police cooperation, the police shall set a reasonable period within which to send consent or observations to that Member State of the European Union, the associated State or European institution and shall inform it that if it does not send its observations within the time limit laid down, it shall be deemed to agree to the next envisaged procedure. ';
8. In Paragraph 83, at the end of paragraph 1, the sentence "For personal data made available or transmitted pursuant to Paragraph 80a (1) shall also be added to indicate whether they have been transmitted or made available to another beneficiary and the nature of such recipient. '.
9. In Article 83 (2) (b), the words "the Office for the Protection of Personal Data (the Office) 'are replaced by the words" the Office'.
10. In Paragraph 87, the following paragraph 3 is added:
"(3) The police will not dispose of personal data if they can reasonably assume that the legitimate interest of the data subject would be impaired by the liquidation. In this case, personal data shall be blocked and may be used only for the purpose which prevented their destruction. ';
11. in Paragraph 95 (2):
"(2) Where reciprocity is guaranteed, the State shall pay for damage to another State caused on its territory by a police officer seconded to carry out tasks abroad. A Member State shall also pay damages to a Member State, an associated State or a European authority where such a State or an authority has provided compensation for damage caused by the transfer of inaccurate personal data or the transfer of personal data contrary to the law, taking into account the possible error of the recipient of personal data in their application. A State other than that of a Member State or an associated State shall pay the damage referred to in the second sentence only if reciprocity is guaranteed. ';
Amendment to the Code of Criminal Procedure
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. 99, Act No. 100 / 2006, Act No. 99, Act No. 100 / 2006, Act No. 99, Act No. 100, Act No. 100, Act No. 100, Act No. 2006, Act No. 99, Act No. 99, Act No. 99, Act No. 100, No 2006, No 2006, No 2006, No 2006, No. 2006, No. 99, No 2006, No 2006, No 2006, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No.
1. In Paragraph 350g (2), the words "which are allowed to reside in the Czech Republic or in the last 10 years is continuously resident in the Czech Republic," and the words "which is allowed to reside in the Czech Republic," are deleted.
2. The following Sections 378b to 378f are inserted after Section 378a:
"Personal data protection
(1) Where the nature of personal data transferred to another Member State of the European Union or to a State associated with an international treaty for the implementation of Schengen rules (hereinafter referred to as "the Associated State ') so requires, and where feasible, it is necessary to include available information to enable that State to assess its accuracy.
(2) If the authority of the Czech Republic, which has transmitted personal data to another Member State of the European Union or to an associated State, finds that the personal data transmitted are inaccurate or not transmitted in accordance with this or special law, it shall inform the competent authority of the State to which it has transmitted such data.
(3) If it is considered necessary for the protection of personal data, the authority of the Czech Republic, together with the transfer of personal data to another Member State of the European Union or to an associated State, may require that the time limits for the retention of personal data laid down in the law of the Czech Republic be respected.
(4) In order to jeopardise the fulfilment of the purpose of criminal proceedings, the protection of life or the health of persons, or for other serious reasons, the authority of the Czech Republic, together with the transfer of personal data to another Member State of the European Union or an associated State, may request the authority of that State to inform the person concerned of their transmission or other processing only with the prior consent of the authority of the Czech Republic.
(5) A request from a competent authority of another Member State of the European Union or an associated State for the use of personal data transmitted to it from the Czech Republic for a purpose other than that for which it was transmitted shall be examined by the authority of the Czech Republic which transmitted such personal data to that State. The consent shall state whether such use would be possible even under the legal order of the Czech Republic; This is without prejudice to Articles 430 (2) and 434.
(1) Where the authority of another Member State of the European Union or of an associated State or an institution of the European Union has requested the retention of personal data in the Czech Republic or has requested compliance with other restrictions laid down in its law in relation to such personal data, such restrictions should be complied with, except where the personal data provided remain necessary for the purposes of criminal proceedings, for the enforcement of a penalty or safeguard measure or for other statutory purposes referred to in paragraph 3.
(2) If the authority of another Member State of the European Union or of an associated State has requested that the person to whom the data relate be not informed of the transfer or other processing, that person may be informed only with the prior consent of the authority of that State.
(3) Personal data transmitted by an authority of another Member State of the European Union or of an associated State may be used for purposes other than those for which they have been provided only if it is used for the purposes of:
(a) preventing, searching, detecting and prosecuting crime, or for the execution of a sentence or protection measure;
(b) judicial or administrative proceedings which are directly related to the prevention, search, detection and prosecution of criminal offences or to the execution of penalties or protective measures;
(c) preventing or eliminating an imminent serious threat to public security; or
(d) State statistical services, for scientific and archiving purposes.
(4) If not one of the cases referred to in paragraph 3, personal data transmitted by an authority of a Member State of the European Union or an associated State may be used for a purpose other than that for which they have been transmitted only with the consent of that authority or person concerned. Where personal data are provided outside the framework of criminal proceedings to a body other than a public authority or an organisational component of a State, the personal data transmitted to it by an authority of another Member State of the European Union or an associated State may be provided only if:
(a) the competent authority of another Member State of the European Union or of an associated State has given its consent to such provision;
(b) such provision does not preclude any other special rights of the person to whom personal data relate, provided for in the law of the Czech Republic; and
(c) such provision shall be necessary for the purposes referred to in paragraph 3 (a) or (c), for the fulfilment of a legal obligation or for the prevention of a serious breach of the rights of natural persons.
(5) The competent authority of the Czech Republic shall inform the body to whom it provides personal data pursuant to paragraph 4 of the purpose for which the personal data provided may be used. If it is considered necessary for the purposes of the protection of personal data, the competent authority of the Czech Republic may at any time ask the competent authority of the Czech Republic for information on how it used the personal data provided.
(1) Personal data which have been transmitted to an authority of the Czech Republic by an authority of another Member State of the European Union or an associated State may also be transmitted to another State which is not a Member State of the European Union or an associated State or to an international authority which is not an institution of the European Union only on condition that:
(a) personal data are transferred to another State or international authority for the purpose of preventing, detecting, detecting and prosecuting criminal offences, or for the execution of a sentence or protection measure; and
(b) the State which has transmitted the personal data to the Czech Republic agrees with their further transfer; Such consent shall not be required if the further transmission is necessary to prevent or eliminate an immediate and serious threat to public security or the essential interests of a Member State of the European Union or an associated State, or to prevent or eliminate an immediate and serious threat to public security of another State, and consent cannot be obtained in time.
(2) For the purposes of this Regulation, the following definitions apply: (b) the State must be informed without undue delay.
(3) Where personal data which have been transmitted to an authority of the Czech Republic by an authority of another Member State of the European Union or an associated State are further transmitted to another State which is not a Member State of the European Union or an associated State, or to an international authority which is not an institution of the European Union, on the basis of an established international agreement binding the Czech Republic, the competent authority of the Czech Republic shall request the opinion of the State which transmitted such data to the Czech Republic for further transmission; unless the reasons referred to in paragraph 1 (b) are given.
(4) The request for the consent of another State to further transfer of personal data pursuant to paragraph 1 or the request for an opinion referred to in paragraph 3 shall set a reasonable period within which it is to send its observations to the competent authority of another State and shall be made aware that, if it does not send its observations within the time limit set, it shall be deemed to agree to further transfer of personal data.
(1) The Ministry of Justice shall, at the request of another Member State of the European Union or of an associated State to which inaccurate personal data have been transmitted in accordance with the procedure laid down in this Title, or have been transmitted to it in contravention of this or of a special law, the amount which that State has paid in accordance with its law as compensation to the extent that the damage suffered has been caused by the procedures of the authorities of the Czech Republic.
(2) In the event that the request of another Member State of the European Union or of an associated State does not contain the necessary information, the Ministry of Justice shall invite the competent authority of that State to supplement it and shall set a reasonable time limit. In so doing, he shall always be advised that, if the competent authority of that State does not comply with the call within the time limit laid down, without stating the essential reasons for which he could not do so, the Ministry of Justice shall reject the request.
(3) The Ministry of Justice may request from another Member State of the European Union or an associated State which has transmitted inaccurate personal data to the Czech Republic or which has transmitted personal data in breach of its law, the payment of an amount which it has paid as compensation under a special law to the extent that the damage caused by that State's action has been caused.
(4) The claim for reimbursement of the compensation paid pursuant to paragraph 3 shall be applied in the form of a request to the competent authority of another Member State of the European Union or of an associated State in accordance with the legal rules and requirements of that State.
(1) Paragraphs 378b to 378e do not apply to the transmission of personal data with the European Police Office, Eurojust or through the Schengen Information System. The provisions of Sections 378b, 378c, 378d (1) and (2) and 378e do not apply to the transfer of personal data on the basis of the declared international agreements by which the Czech Republic is bound.
(2) The transfer of personal data under this Title to a foreign State shall not require the authorisation of the Office for the Protection of Personal Data under specific legislation. ';
3. In the first sentence of Paragraph 434 (1) and in the first sentence of Paragraph 434 (2), the words "the State participating in Schengen cooperation 'shall be replaced by the words" the Associated State'.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 150 / 2011 Coll., amending Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended, Act No. 124 / 1992 Coll., on Military Police, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.2011 |
|---|---|
| Effective from | 22.06.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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