Act No. 154 / 1994 Coll.
Security Information Service Act
Valid
Law
Effective from 30.07.1994
Contents
154
THE LAW
of 7 July 1994
on the Security Information Service
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
(1) The Security Information Service is hereby established as the armed intelligence service of the Czech Republic.
(2) The status and competence of the Security Information Service and its cooperation with other intelligence services of the Czech Republic are governed by special law 1)
CONSIDERATION OF COMPETENT AUTHORITIES, SPECIFIC INSTALLATIONS FOR INFORMATION PROCESSING, EVIDENCE PROVIDED BY SAFETY INFORMATION SERVICES AND INSTALLATION
STABILITY OF THE COMPETENT AUTHORITIES
(1) The tasks of the Security Information Service shall be carried out by members of the Security Information Service (hereinafter referred to as "members").
(2) Members shall, in carrying out their duties, ensure the honour, dignity and dignity of persons and their own, as well as that persons do not suffer damage or any other disproportionate harm in relation to their activities.
Members shall demonstrate their competence to the Security Information Service by means of a service pass with a registration number and an oral declaration: "Security Information Service '.
Members shall be entitled to hold and carry a service firearm and use it in cases of necessary defence or extreme emergency. 2)
SPECIFIC ENVIRONMENT OF INFORMATION
For the purposes of this Act, specific means of information shall be understood as means of intelligence and use of the services of persons acting for the benefit of the Security Information Service.
Reporting agents
(1) The Security Information Service is authorised, in its field of competence, to use the means of reporting:
(a) intelligence technology;
(b) cover and cover documents;
(c) monitoring.
(2) The Security Information Service is required to ensure the protection of intelligence against disclosure, abuse, damage, destruction, loss and theft.
Intelligence
(1) For the purposes of this Act, reporting techniques are technical means and equipment, in particular electronic, phototech, chemical, physico-chemical, radiotech, optical, mechanical or their files, used in a classified manner, where they interfere with the fundamental rights and freedoms of citizens in:
(a) searching for, opening, examining or evaluating consignments carried;
(b) monitoring, recording, as appropriate, of telecommunications, radio communications and other similar operations, and, where appropriate, of data on such operations;
(c) the making of visual, audible or other records;
(d) seeking the use of technical means which could make it impossible or difficult to carry out tasks under the Security Information Service;
(e) identification of persons or objects, where appropriate when detecting their movements using safety and safety equipment.
(2) The use of intelligence equipment, where it does not interfere with the fundamental rights and freedoms of citizens, does not constitute:
(a) the capture, listening, monitoring and evaluation of information which is disseminated in such a way as to enable them to be accessed by an unspecified circle of persons;
(b) the making of visual or phonograms;
(c) use of safety and safety equipment;
(d) monitoring of telecommunications, radio communications or other similar operations without wiretap its content or, where appropriate, the detection of data on such operations.
The security information service shall be entitled to require, to the extent necessary for the performance of a particular task, a legal or natural person providing a public communications network or providing a publicly available electronic communications service.
(a) the establishment and, where appropriate, the security of the interface for the connection of end-to-end telecommunications monitoring equipment or the recording of messages at specified points in their network; and
(b) the provision of operational or localisation data in the form and to the extent provided for by specific legislation8).
Use of intelligence technology
(1) The Security Information Service may use intelligence only after prior written permission by the President of the Senate of the Supreme Court responsible under the seat of the Security Information Service (hereinafter referred to as "the Judge") and provided that the detection or documentation of the activities for which it is to be used would be otherwise ineffective or materially difficult or impossible in the present case.
(2) The use of intelligence shall not exceed the scope of the authorisation of the judge referred to in paragraph 1 and shall not interfere with the rights and freedoms of citizens beyond what is strictly necessary.
(3) The Security Information Service may provide technical security for the use of intelligence equipment also for the use of other competent authorities, provided that they so request and submit the relevant authorisation for the use of intelligence technology issued under the Specific Act (3).
(4) The Security Information Service shall be entitled to request the technical security of the use of intelligence for its own use and other activities of authorised authorities. In this case, it is required to demonstrate that the use of intelligence was permitted under this Act.
Authorisation for use of intelligence technology
(1) Authorisations for the use of intelligence shall be issued by the Judge on a written request containing:
(a) the type of intelligence to be used, the duration of its use, the basic identification details of the person to whom the intelligence technology is to be used, if such information is known, the telephone number or any other similar station, if it is intended to be used by a wiretap or, where appropriate, an alert and, if known, the place of use of the intelligence equipment; if the intelligence technology is to be used against or is to be affected by the right of inviolability of the dwelling, this information shall be included in the application;
(b) the reasons for using the intelligence technology, including the justification for the conditions for its application set out in Article 9 (1);
(c) information on any prior request for the use of intelligence against the person referred to in (a), including information as decided on that request.
(2) The Judge shall take a decision without delay on the request for authorisation of the intelligence service.
(3) The decision to authorise the use of the information technology shall include the type of intelligence technology which may be used, the duration of its use, the basic identification details of the person to whom the information technology is to be used, if such data are known, the telephone number or any other similar station, if it is intended to be used by a wiretap or, where appropriate, an alert and, if known, the location of the use of the information technology, and the justification.
(4) The use of intelligence may be authorised only for the strictly necessary period but for a maximum period of 4 months.
(5) If the judge decides positively to authorise intelligence, he shall simultaneously issue an extract of this decision containing the most necessary identification data and whether it may interfere with the right of inviolability of the dwelling when used; the statement does not contain a statement of reasons.
(6) If the Judge rejects the request for authorisation to use intelligence, the decision shall state the reasons.
(7) No appeal shall be admissible against a decision to permit or refuse an application for authorisation to use the information technology.
Control of the progress of use of intelligence technology
(1) The Judge is entitled to request information from the Security Information Service to assess whether the reasons for the use of intelligence technology persist.
(2) If the judge finds that the reasons for the use of intelligence have ceased, he shall withdraw the authorisation to use it.
The Security Information Service shall immediately inform the Judge in writing of the termination of the use of intelligence.
Covers and cover documents
(1) A cover document for the purposes of this Act means a document for the purpose of concealing the actual identity of a national or his or her responsibility to the Security Information Service, to cover up the activities of the Security Information Service or to cover up the objects of the Security Information Service.
(2) The cover document must not include a Member's or Senator's card, a member of the Government, a member of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office, a judge of the Constitutional Court, a judicial or public prosecutor's card or a document of a living person.
(3) Where necessary, due to the nature of the cover document, the Security Information Service shall be authorised to process, to the extent necessary, data in information systems maintained under specific legislation by inserting, modifying or erasing data relating to the cover document or, where appropriate, blocking (4a) such data. Managers of public administration information systems and at the cost of the Security Information Service shall also provide the administrators of other information systems using data from public administration information systems with the necessary synergies in such processing; in so doing they shall proceed in such a way as not to disclose the activities of the Security Information Service.
(4) Covering documents shall be provided and issued by the Security Information Service at the discretion of its Director.
(5) The security information service shall keep a register of the covered documents.
Covering agents
(1) A means of covering for the purposes of this Act is a matter which is not a document, a space or an activity to conceal the true identity of a person or the activities of the Security Information Service.
(2) The means of cover shall be provided or established by the Security Information Service at the discretion of its Director.
(3) The security information service shall keep a record of the means of cover provided and established.
Monitoring
The use of the monitoring and its documentation shall be decided by the Director or his designated Head of the Organising Department.
The Security Information Service shall be entitled to request technical security of the use of the monitoring of persons and goods, and of the safety and safety equipment for its own use and from others, for this activity of authorised authorities. In this case, it is required to demonstrate that the use of the monitoring of persons and goods and the risk and safety equipment was permitted under this law.
Use of services of persons acting for the benefit of the Security Information Service
(1) The Security Information Service is entitled to use the services provided by persons acting for its benefit in the performance of its tasks.
(2) A person acting in favour of the Security Information Service shall, for the purposes of this Act, be understood as a natural person over the age of 18 who, in a voluntary and secret manner, provides services to the Security Information Service in the performance of its tasks.
(3) The Security Information Service shall protect a person acting for the benefit of the Security Information Service from disclosure and from the cause of damage to the honour, life, health or property which might arise for the provision of such services or in connection with it.
REGISTRATION OF SAFETY INFORMATION SERVICES
(1) The Security Information Service is entitled to store, store and use data on natural and legal persons where necessary for the performance of its tasks.
(2) The Security Information Service is required to ensure the protection of data contained in the records against disclosure, misuse, damage, loss and theft.
(3) The security information service does not disclose the fact of keeping records of natural and legal persons or their content.
(4) The Security Information Service may pool and obtain information under cover for other purposes or activities.
(5) The Security Information Service establishes a Security Archives (5) for the continued preservation of information.
INTRODUCTION OF INJURY
(1) The State is obliged to compensate the person who has provided assistance to the Security Information Service or the Member with their knowledge (hereinafter referred to as "the assisting person"). The State may waive this obligation only if the helping person is able to do so intentionally.
(2) The State is obliged to make good any damage caused to the assisting person in connection with the provision of assistance to the Security Information Service or to a member.
(3) The State is obliged to make good the damage caused by another person in connection with the provision of assistance to the Security Information Service or to a national.
(4) The Security Information Service provides compensation on behalf of the State.
CONTROL OF SAFETY INFORMATION SERVICE ACTIVITIES AND OBLIGATIONS TO REMAIN MLCILIVITY
(1) The Security Information Service shall be audited by the Chamber of Deputies, which shall set up a special supervisory body for this purpose (hereinafter referred to as the "supervisory authority.")
(2) The inspection body shall consist of at least 7 members. The Chamber of Deputies shall determine the number of members so as to represent each parliamentary club established by membership of the political party or political movement for which Members were candidates in elections; the number of members is always odd. Only a Member of the Chamber of Deputies may be a member of the Supervisory Body.
(3) Save as otherwise provided in the law, the acts of the supervisory authority and the rights and obligations of its members shall be subject to an appropriately specific regulation.6) The control rules shall not apply to the control of the activities of the Security Information Service under this Part.
(1) The members of the supervisory authority may enter the Security Information Service premises, accompanied by the Director or an authorised officer.
(2) The Director shall submit to the audit authority:
(a) the Statute of the Security Information Service,
(b) draft budget for the Security Information Service,
(c) written assignment of tasks imposed by the Government or the President of the Republic, 7)
(d) the documents needed to check the implementation of the budget of the Security Information Service;
(e) internal rules issued pursuant to Paragraph 148 (2).
(3) The Director shall submit to the supervisory authority at its request:
(a) a report on the activities of the Security Information Service, 7)
(b) a report on the use of intelligence resources only in cases and cases where the Security Information Service has ceased its activities;
(c) the number of cases of use of intelligence equipment in which the Security Information Service is active, indicating the different fields of competence of the Security Information Service (7a) and the type of intelligence;
(d) summary information containing the focus and number of cases and items in which the Security Information Service is active; in the information distinguishes cases and cases according to special law, 7)
(e) the number of cases in which a request has been made for the provision of a report by a bank or a branch of a foreign bank on matters relating to a client covered by a banking secret8), for the provision of a report by a savings and credit cooperative on data on its member and on his transactions or on the provision of a report by another person who is entitled to provide payment services such as business, on the user of the service provided to him and on his transactions in which the Security Information Service operates 9), specifying the different fields of competence of the security information service;
(f) a report on the use of requests to provide a report by a bank or a branch of a foreign bank on matters relating to a client covered by a banking secret (10), on the provision of a report by a savings and credit cooperative on data on its member and on his transactions or on the provision of a report by another person authorised to provide payment services such as business, on the user of the service provided to him and on his transactions, only in cases and cases where the Security Information Service has ceased its activities.
(4) The supervisory authority shall not be entitled to interfere with the personnel competences of the managers of the Security Information Service and to replace their management activities.
(1) If the supervisory authority considers that the security information service's activities illegally restrict or harm the rights and freedoms of citizens, it is entitled to request the necessary explanation from the Director.
(2) Any infringement of the law by the members identified by the supervisory authority in its activities must be notified to the Director and to the Chief Prosecutor.
The obligation to maintain confidentiality imposed on members of the supervisory authority under the law shall not apply to cases where the supervisory authority submits a notification pursuant to Paragraph 20 (2). The facts which the members of the supervisory authority are aware of in the performance of their duties shall, to the extent necessary to achieve the purpose of the inspection under this law.
APPROACH TO LAW No 141 / 1961 SB, ON THE CRITERIA OF THE COURT (TREST RULES), VERIFICATION OF LATER RULES
Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 29 / 1978 Coll., Act No. 43 / 1980 Coll., Act No. 159 / 1989 Coll., Act No. 178 / 1990 Coll., Act No. 303 / 1990 Coll., Act No. 558 / 1991 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., and Act No. 292 / 1993 Coll., is added as follows:
In the second sentence of Article 12 (2), "a 'is replaced by" comma and at the end the words "and in proceedings concerning criminal offences of members of the Security Information Service entrusted with the Security Information Service' are added.
TRANSITIONAL AND FINAL PROVISIONS
(1) The Government shall provide for a regulation in which cases and to what extent the assisting person is entitled, in addition to claims for compensation under labour law, to one-off exceptional compensation, where one-off compensation due under labour law to the survivors of the assisting person is increased and where such compensation may be granted to persons who have been fed to the assisting person.
(2) The Director shall lay down, by internal regulation, the conditions and manner of use of specific means of obtaining information, the types and manner of keeping records.
The safety information service shall train and improve the competence of drivers of service vehicles and the safety information services, 29) keep records and approve the technical competence of service vehicles.
Until the appointment of the Director, the Director of the Security Information Service of the Czech Republic shall carry out his duties and exercise his rights.
(1) The members of the Security Information Service of the Czech Republic shall be deemed to be members of the service provided for in this Act (hereinafter referred to as "the current Member '), but not more than 15 days from the date of such effectiveness. During this period, they shall also retain the last rank, rank and salary.
(2) Members who are present may, not later than five days after the entry into force of this Act, send a written message to the Director that they do not request the admission to service of a member (hereinafter referred to as "the communication '). The deadline cannot be waived. Their service shall end on the day on which the communication was received, but not later than the last day of the period specified in the first sentence.
(3) In the case of former members who do not deliver or deliver the message late, they shall be deemed to have applied for admission to service of a national (the applicant). The Director shall take a decision on this request without delay and at the latest by the end of the period laid down in paragraph 1.
(4) Applicants who are not admitted to service are entitled only to a financial compensation equal to the last gross monthly salary due no later than 60 days after the date of entry into force of this Law.
(5) The provisions of this Management Act shall not apply to the procedure laid down in the preceding paragraphs.
(1) If the legislation refers to the Federal Security Information Service or the Security Information Service of the Czech Republic, this means the Security Information Service.
(2) All rights and obligations of the Security Information Service of the Czech Republic are transferred to the Security Information Service.
Employees in employment who were in employment with the Security Information Service of the Czech Republic on the effective date of this Act become employees of the Security Information Service in functions corresponding to their current classification.
Transitional provision for adjustment effective from 1 January 1996
The amount of the allowance to which entitlement is acquired after 31 December 1995 may not be less than the amount of the allowance which would have been due had the grant been granted under the rules in force on 31 December 1995, including increases which would have been due only on that date.
The Act of the Czech National Council No. 527 / 1992 Coll., on the Security Information Service of the Czech Republic, as amended by Act No. 316 / 1993 Coll.
This Law shall enter into force on 30 July 1994.
Uhde v. r.
Havel v. r.
v. Lux v. r.
1) Act No. 153 / 1994 Coll., on intelligence services of the Czech Republic.
2) Sections 13 and 14 of Act No. 140 / 1961 Coll., Criminal Act, as amended (full version No. 65 / 1994 Coll.).
3) Sections 9 and 10 of Act No. 289 / 2005 Coll., on Military Intelligence.
4) § 53 of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended by Act No. 265 / 2001 Coll.
4a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
5) Paragraph 80 (3) of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws.
6) Act No. 35 / 1989 Coll., on Rules of Procedure of the Czech National Council, as amended.
7) § 5 et seq. of Act No. 153 / 1994 Coll.
7a) § 5 paragraph 1 of Act No. 153 / 1994 Coll.
8) § 97 of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll., Act No. 177 / 2008 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., the Constitutional Court found under No. 94 / 2011 Coll. and Act No. 273 / 2012 Coll.
9) § 5 (1) of Act No. 153 / 1994 Coll.
10) Articles 72 (1) (a) and 72 (2) of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended.
29) Decree of the Federal Ministry of Transport No. 55 / 1991 Coll., on the training and improvement of professional competence of drivers of road motor vehicles.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 154 / 1994 Coll., on Security Information Service |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.1994 |
|---|---|
| Effective from | 30.07.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0