Act No. 177 / 2001 Coll.
Act amending Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 227 / 2000 Coll., and Act No. 65 / 1965 Coll., Labour Code, as amended
Valid
Law
Effective from 31.05.2001
Text versions:
01.01.2007
31.05.2001
177
THE LAW
of 16 May 2001
amending Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 227 / 2000 Coll., and Act No. 65 / 1965 Coll., Labour Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Data Protection Act
Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll., is amended as follows:
1. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 1:
"(2) The Office shall be entrusted with the powers of the Central Administrative Office in the field of personal data protection to the extent provided for by this Act and in the field of electronic signature to the extent provided for by specific legislation.1).
1) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature). '
Notes 1) to 33) shall be renumbered as footnotes 2) to 34), including the footnotes.
2. In Article 3, the following sentence shall be added at the end of paragraph 4, including footnote (1a): "Furthermore, the law shall not apply to the random collection of personal data to the extent necessary for the pursuit of an independent profession which is not a business or any other business governed by special laws, (1a) which provides for the obligation of confidentiality.
(1a) For example, Act No. 85 / 1996 Coll., on the Advocacy, as amended, Act No. 358 / 1992 Coll., on notaries and their activities, as amended, Act No. 237 / 1991 Coll., on Patent Representatives, as amended, Act No. 14 / 1993 Coll., Act No. 523 / 1992 Coll., on Tax Advice and the Chamber of Tax Advisers of the Czech Republic, Act No. 254 / 2000 Coll., on Auditors, Act No. 36 / 1967 Coll., on Experts and interpreters. '
3. In Article 4 (b), the words "membership of political parties or movements or trade unions or employment organisations' are replaced by the words" membership of trade unions'.
4. In Article 5 (2), the dot at the end of point (e) is replaced by "or 'and the following point (f) is added:
"(f) where necessary for the legitimate conduct of political parties, political movements, civil associations, trade unions, churches or religious societies.";
5. In Paragraph 5 (5), the second sentence reads: "The consent must show the extent to which it is provided, to whom and for what purpose, for what period and who provides it."
6. In Article 5 (5), the third sentence shall be replaced by a comma and the words "unless the data subject expressly agrees with the controller otherwise."
7. In the last sentence of Paragraph 5 (5), the word "hide 'is replaced by" prove'.
8. In Article 5, paragraphs 7 to 10 are added:
"(7) An administrator who processes personal data pursuant to paragraph 6 may only transmit such data to another controller subject to the following conditions:
(a) data of the data subject have been obtained in connection with the activities of the controller or are disclosed personal data;
(b) the data will only be used for the purpose of offering trade and services;
(c) the data subject has been informed in advance of this procedure by the controller and has not opposed it.
(8) Any other controller to whom the data referred to in paragraph 7 have been transmitted shall not transmit such data to another person.
(9) The data subject shall not agree to the processing referred to in paragraph 7 (c) in writing. The controller shall inform any controller to whom it has transmitted the name, surname and address of the data subject that the data subject has opposed processing.
(10) In order to exclude the possibility that the name, surname and address of the data subject will be repeatedly used for the offer of trade and services, the controller shall be entitled to further process, for his own account, the name, surname and address of the data subject, even if the data subject has expressed disagreement in accordance with paragraph 6. ';
9. In Section 9, the words "only 'are inserted after the words" can be processed' in the introductory wording.
10. the word "or" shall be added at the end of Paragraph 9 (c).
11. in Article 11 (1):
"(1) The controller shall, before the processing of personal data starts, inform the data subject in due time and in writing of the extent to which and for what purpose personal data will be processed, who and how personal data will be processed and to whom personal data may be made available or addressed, if the data subject is not already aware. ';
12.Paragraph 11 (4) reads as follows:
"(4) Where the controller has not obtained personal data from the data subject, it shall immediately provide the data subject, upon written request, with information on who provided the personal data to the controller (the source of personal data). ';
13. in Article 11 (5), the words "the particulars referred to in paragraph 1" shall be replaced by "the information referred to in paragraphs 1 to 4."
14. in Article 11 (5) (b), the words "or such data are needed to exercise the rights and obligations arising from special laws" shall be inserted after the words "the law."
15. in Article 11 (5), the dot at the end of point (c) is replaced by a comma and the following points (d) and (e) are added:
"(d) processing exclusively published personal data; or
(e) process personal data with the consent of the data subject in accordance with Articles 5 (5) and 9 (a). ';
16. in Article 12 (1):
"(1) An AIFM may not comply with the information requirement laid down in Article 11 (1) where such information is part of the legal guidance. ';
17. in Article 12 (2), the words "this law or special", including footnote 17, shall be deleted;
18. in Paragraph 18 (b), the words "or required to exercise rights under special laws" shall be inserted after the word "the law."
19. In Paragraph 18, the dot at the end of point (b) is replaced by "or 'and the following point (c) is added:
"(c) carried out by political parties, political movements, trade unions, churches, religious societies, civil associations and, where appropriate, other legal persons of a non-profit-making nature, pursuing political, philosophical, religious or trade union objectives if they process personal data concerning their members and these data serve their internal needs."
20. in Article 27 (2), the dot at the end of point (f) is replaced by a comma and the following point (g) is added, including footnote 24a:
"(g) thus provides for a separate law.24a)
24a) Act No. 227 / 2000 Coll. '.
21. In Paragraph 27 (6), the words "or the transfer results from an international agreement binding on the Czech Republic" shall be added at the end.
22. in Paragraph 29 (1), the following point (e) is inserted after point (d):
"(e) issue implementing legislation in accordance with a special law, 24a)."
Points (e) to (i) shall be renumbered as points (f) to (j).
23. Paragraph 30 (1) reads:
"(1) The staff of the Office shall be the chairman, inspectors and other staff."
24. in Article 30 (3), the words "the President of the Office, inspectors and staff" shall be replaced by "the staff of the Office."
25. in Paragraph 46 (1), the words "imposed on him under this law" are replaced by the words "provided for by this law in the processing of personal data."
26. In Paragraph 46 (2), the words "imposed on him by this law 'are replaced by the words" provided for by this law in the processing of personal data'.
27. in Article 47 (2), the words "within 1 year of the application of this law" shall be replaced by the words "until 31 December 2001."
28. In Paragraph 47, the following paragraph 3 is added:
"(3) In the event that the controller finds an infringement pursuant to paragraph 2, the provisions of Paragraph 46 (1) and (2) shall not apply until 31 December 2002. ';
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 177 / 2001 Coll., amending Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 227 / 2000 Coll., and Act No. 65 / 1965 Coll., Labour Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2001 |
|---|---|
| Effective from | 31.05.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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