Act No. 190 / 2009 Coll.
Act amending Act No. 499 / 2004 Coll., on archiving and file service and amending certain laws, as amended, and other related laws
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Law
Effective from 01.07.2009
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190
THE LAW
of 28 May 2009
amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Archiving Act and File Service
Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended by Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 296 / 2007 Coll. and Act No. 32 / 2008 Coll., is amended as follows:
1. in Paragraph 2 (d):
"(d) by document, any written, image, sound or other recorded information, whether in analogue or digital form, which has been created by the originator or delivered by the originator;";
2. in § 2 (e), the word "record" is replaced by "document."
3. in Article 2, the following point (i) is inserted after point (h):
"(i) an archival information system which is created during archival processing and serves for recording and orientation in the content and time range of the archive fund, archive collection or parts thereof,"
Points (i) to (l) shall be renumbered as points (j) to (m).
4. in Article 2, point (k) is deleted;
Points (l) and (m) shall be renumbered as points (k) and (l).
5. in Article 2 (k), the words "received and produced" shall be replaced by "incurred";
6. in Article 2, the following points (l) to (r) are inserted after point (k):
"(l) a file space intended for the storage, searching and submission of documents for the originator's needs and for the implementation of the shredding procedure;
(m) an administrative archive part of the originator intended to supervise the originator's file service and to store, search and submit documents with a shredding period of more than 5 years;
(n) metadata of data describing the context, content and structure of documents and their management over time;
(o) an internal rule laying down the basic rules for document handling and shredding procedures;
(p) the file character of the marking which includes documents in the material groups for the purposes of their future search, storage and disposal;
(q) the shredder character of the document identification by which the document is assessed in the shredder's proceedings;
(r) the shredding period during which the document must be deposited with the originator; ';
Point (l) shall be renumbered as point (s).
7. Paragraph 3 (1) and (2) reads as follows:
"(1) The obligation to keep documents and to allow the selection of archives shall:
(a) the organisational elements of the State;
(b) armed forces;
(c) the Security Corps,
(d) State contribution organisations;
(e) State enterprises;
(f) local authorities;
(g) the organisational elements of the territorial units, where they produce the documents listed in Annexes 1 or 2 to this Act;
(h) legal persons established or constituted by local authorities, where they produce the documents listed in Annexes 1 or 2 to this Act;
(i) universities;
(j) schools and school establishments with the exception of nursery schools, educational and accommodation establishments and school catering facilities (hereinafter referred to as "schools");
(k) health insurance companies;
(l) public research institutions;
(m) legal persons established by law;
(n) notaries,
(hereinafter referred to as "the public authorities').
(2) The obligation to keep documents and to allow the selection of archives under the conditions laid down by this law also has to be
(a) entrepreneurs registered in a commercial register as regards the documents listed in Annex 1 to this Act;
(b) political parties, political movements, civil unions, trade unions, employers' organisations, churches and religious societies, professional chambers, foundations, foundations and community funds,
(hereinafter referred to as "the private-law agents'). '
8. In Article 5 (1), the word "will" shall be replaced by "shall" and the words "always selected" shall be replaced by "selected."
9. In Article 5 (1) (c), the words ", film and sound 'are deleted and the number" 1920' is replaced by "1900 '.
10. In Article 5, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) audio recordings made up to 1930;
(e) film records made up to 1930. '
11. in Paragraph 5 (2):
"(2) According to the content, documents of a lasting value given to their political, economic, legal, historical, cultural, scientific or information significance shall be selected for archival by the archive concerned; the documents listed in Annex 2 to this Act must always be submitted for selection. ';
12. in Article 7 (1):
"(1) The selection of archives in the shredder's proceedings shall be carried out by the relevant archive from the documents of the public-law originator, from the documents of his legal predecessor and from the documents of the private-law originator, provided that a private archive is established. The selection of archives in the shredder's proceedings shall also be made by means of the documents of the public authority deposited with its legal successor, which is not the public authority. ';
13. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) The selection of archives in the shredder's proceedings shall be carried out by the appropriate archive from the documents of the private-law originator, if requested by the private-law author. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
14. in Article 7 (3), the words' which have expired in the shredding period 'shall be inserted after the word' documents' and the words' and in which the archives concerned are selected 'shall be deleted;
15. in Article 7 (4), the comma after the words "corresponds to the originator" shall be replaced by the words "or," the liquidator, the liquidator, the insolvency practitioner or the person to whom the jurisdiction of the deceased designated originator of the document has passed (§ 63) "shall be deleted and the word" person "shall be replaced by the word" entities. "
16. in Article 8 (1) and (2), the word "originator" is replaced by "entity referred to in Article 7 (4)."
17. in Paragraph 8 (3), the word "public law" shall be inserted after the word "extinction."
18. Paragraph 8 (4) is deleted.
19. in Paragraph 9 (1) of the introductory part of the provision, the word "originator" shall be replaced by "body referred to in Article 7 (4)."
20. in Article 9 (1) (a), the words "the originator of documents proposed for the shredding procedure" shall be replaced by the words "the body referred to in Article 7 (4)."
21. in Paragraph 10 (1), the words "(" the Protocol ")" shall be deleted;
22. in Paragraph 10 (2), the words "under paragraph 1" shall be inserted after the word "Protocol" and the words "shredded" shall be replaced by the words "destroy."
23. in Article 10 (3), the words "originator or owner of a document 'are replaced by the words" entity referred to in Article 7 (4)'; the words "pursuant to paragraph 1 'shall be inserted after the word" pursuant to paragraph 1'; the words "within 15 days of the date of service of the Protocol 'shall be inserted;
24. In Article 10, the following paragraph 4 is added:
"(4) The body referred to in Article 7 (4) may destroy documents intended for destruction in the shredder's proceedings and listed in the inventory of documents referred to in paragraph 2 (d) after the expiry of the period for the submission of objections referred to in paragraph 3 and, in the case of opposition, after the completion of the opposition procedure."
25. in Article 11 (1) (a):
"(a) a private-law agent,"
26. in Article 11 (1) (c):
"(c) offered by the owner of the Czech Republic or by another public archive provider by gift, for sale or for safekeeping,"
27. In Article 11, at the end of paragraph 2, the sentence "The originator or the owner of the document shall agree with the relevant archive the dates in which it shall submit an application for the selection of archives outside the shredding process; in the event of cancellation of the originator, of his entry into liquidation or of a declaration of bankruptcy against the originator, the originator shall ask the originator to select the archives outside the shredding procedure without delay. ';
28. In Article 11, the following paragraph 5 is added:
"(5) Documents deposited in museums, libraries, galleries, monuments, public research institutions and universities (hereinafter referred to as" culturally scientific institutions ") as a result of their acquisition and collection activities meeting the criteria set out in paragraphs 4 and 5 or in Annex 2 to this Act and taken into archival records shall be considered as archives selected outside the shredding process."
29. in Article 12 (1), the words "under Article 10" shall be replaced by the words "on the selection of archives other than the shredding procedure, which shall include the particulars referred to in Article 10 (2) (a) to (c)."
30. In Article 12 (4), the words "the selection of archives outside the shredding procedure 'shall be inserted after the word" the protocol' and the words "within 15 days of the date of service of the protocol 'shall be inserted after the word" the Protocol'.
31. in Article 13 (1), the words "only the documents proposed for disposal and destruction may be included in the shredder proceedings" shall be inserted after the words "may be inserted; in the case of other documents, the words" may be inserted. "
32. In Article 13, paragraphs 5 and 6 are added:
"(5) Documents in digital form intended for shredding management shall be provided with metadata according to the national standard for electronic file service systems. If this is not the case, they shall be converted into an analogue form after closing the file (Section 69a). The particulars of the documents referred to in the first sentence shall be laid down in the implementing legislation.
(6) Documents shall be submitted for selection in the shredder's procedure or outside the shredder's procedure to the appropriate archive, regardless of their location. ';
33. In Article 15 (1), the words "the shredder procedure or the archival selection protocol other than the shredder procedure 'shall be inserted after the word" the protocol'.
34. In Article 15, the following paragraph 2 is inserted after paragraph 1:
"(2) Archives owned by the Czech Republic and archives owned by local authorities or other public authorities are stored in public archives. The archives obtained by the acquisition and collection activities of a cultural scientific institution shall be stored in that institution. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
35. in Article 15, paragraph 3 is deleted;
Paragraph 4 shall become paragraph 3.
36. In Article 15, at the end of paragraph 3, the sentence "If the originator does not comply with the conditions laid down in the permanent shredding consent, the archive concerned may revoke the permanent shredding consent ex officio. In the event of the disappearance or cancellation of the originator, the permanent shredder's consent shall not be transferred to the successor in title. ';
37. in Paragraph 16 (1):
"(1) After the archival selection, the documents selected as archives are taken into the archive records."
38. In Article 16 (2), the words "part thereof 'shall be inserted after the words" or'.
39. In Paragraph 16 (3), the words "museums (7), libraries (8), galleries (7), monuments (9), the Institute of the Academy of Sciences of the Czech Republic (10) and universities" are replaced by the words "and culturally scientific institutions."
footnotes 7 to 10 are deleted, including the footnotes.
40. In Article 16, at the end of paragraph 3, the sentence "Archives and cultural scientific institutions shall include the basic units of the register in the basic records of the National Archive Heritage after the selection of the archives."
41. In Paragraph 16 (4), the words "museums, libraries, galleries, monuments, the Institute of the Academy of Sciences of the Czech Republic and universities referred to in paragraph 3" are replaced by the words "and cultural scientific institutions."
42. In Article 16 (5), the words, "in museums, libraries, galleries, monuments, departments of the Academy of Sciences of the Czech Republic and universities" are replaced by the words "and cultural scientific institutions," the words "museums, libraries, galleries, monuments, the Academy of Sciences of the Czech Republic and universities" are replaced by the words "and culturally scientific institutions," and at the end of the text of paragraph 5, the words "and send them copies of their archive aids."
43. In Paragraph 16 (6), the words "museums, libraries, galleries, monuments, the Institute of the Academy of Sciences of the Czech Republic and universities" are replaced by the words "and culturally scientific institutions" and at the end of the text of paragraph 6, the words "and to send them copies of their archive aids."
44. In Paragraph 17 (1), the word "written 'is replaced by the word" paper'.
45. in Paragraph 17 (2):
"(2) The Ministry will exclude from the records of the National Archive Heritage
(a) the archive fund or the archive collection in order to reassess the importance;
(b) archive fund, archive collection or archive for destruction;
(c) archival fund, archive collection or archival for foreign extradition purposes. "
46. In Article 17, paragraphs 3 to 5 are added:
"(3) The archive or culturally scientific institution shall exclude the archive they keep in the basic register from the records of the National Archive Heritage due to a reassessment of the importance.
(4) The application for exclusion from the records of the National Archive Heritage as referred to in paragraph 2 shall be submitted by the bodies leading the archive fund, archive collection or archive in the basic register.
(5) The application referred to in paragraph 4 shall contain:
(a) the designation of the applicant body;
(b) the designation of the archive fund, archive collection or archivaly;
(c) the reason for the decommissioning of the archive fund, archive collection or archival,
(d) a copy of the current record sheet of the National Archive Heritage of the Archive Fund or of the archive collection which is subject to decommissioning or of the archive fund or archive collections to which the excluded archives belong. ';
47. In Paragraph 18 (2) of the Introductory Part of the provision, the words "museums, libraries, galleries, monuments, the Institute of the Academy of Sciences of the Czech Republic and universities" are replaced by the words "and cultural scientific institutions."
48. In Paragraph 18 (2) (a), the words "museums, libraries, galleries, monuments, the Institute of the Academy of Sciences of the Czech Republic and universities" are replaced by the words "or culturally scientific institutions."
49. The following Section 18a is inserted after Section 18:
(1) In the event of the disappearance of the archive founder without a legal successor, the Ministry shall determine the public archive to which the archives will be stored.
(2) The Ministry shall decide, on a proposal from the archive or, where appropriate, its founder, the composition of the archive fund or the archive collection and their location. "
50. In Article 19, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) the method of keeping records of archival aids, types of archival aids, their structure and content and the method of sending and recording copies of archive aids.";
51. in Article 20 (4), the words "or a culturally scientific institution" shall be inserted after the word "archive" and the words "which" shall be replaced by the words "which."
52. In Paragraph 20, at the end of paragraph 4, the final part of the provisions of the paragraph shall be added as follows:
"This obligation shall not apply to audiovisual archives stored in the National Film Archive. ';
53. In Paragraph 21 (2) (a), the words "or a cultural scientific institution" shall be inserted after the word "archive."
54. in Article 21 (5) (a) and (b), the word "ownership" shall be replaced by "property rights."
55. In Article 21, paragraphs 6 and 7 are added:
"(6) The Ministry may revoke the declaration as an archive cultural monument in order to re-evaluate its importance. The application for revocation of the declaration for the archive cultural monument shall be submitted by the bodies referred to in paragraph 2; the Ministry may withdraw the declaration for the archive cultural monument without proposal.
(7) The proposal to cancel the declaration for the archive cultural monument contains:
(a) the name and registration of the archive cultural monument;
(b) a justification for the revocation of a declaration for an archive cultural monument in order to reassess the importance. ';
56. Paragraph 23 (4) is deleted.
57. in Article 24 (4), the words "or holder" shall be deleted;
58. in Paragraph 25 (1) (b), the words', the Archive of the Security Services' shall be deleted and the word 'ownership' shall be replaced by 'property rights';
59. In Paragraph 26 (1), the words "this Act" are replaced by the words "§ 24 (1), § 25, 27, 29, 30 and 32."
60. In Paragraph 27 (1) of the Introductory Part of the provision, the words "or a cultural scientific institution 'shall be inserted after the word" archive'.
61. In the second sentence of Paragraph 29 (3), the words "or the holder" shall be inserted after the word "owner."
62. In Paragraph 30 (3), the words "and the cultural scientific institution" shall be inserted after the word "Archives" and the words "or the cultural scientific institution" shall be inserted.
63. In Article 30 (4), the words "or cultural scientific institutions' shall be inserted after the words" archives'.
64. In Paragraph 31 (3), the words "or holder 'are deleted.
65.In Article 35, the following point (b) is inserted after point (a):
"(b) dates and places of birth,"
Points (b) to (e) shall be renumbered (c) to (f).
66.In Paragraph 35 (f):
"(f) the name, registered office and identification number, if assigned, of the legal person for whom the inspection applicant processes the subject.";
67. In Paragraph 37, the words "and all published archives' shall be added at the end of the text of paragraph 1.
68. In Paragraph 37, the following paragraph 2 is inserted after paragraph 1:
"(2) The archives containing the personal data of the living person may be consulted, provided that they do not object in writing. The archives shall inform the person in writing of the request for access to the archives; In case of notification of at least 30 persons, they may be delivered by a public decree published on the official record of the archive, and if the archive does not establish an official record, on the official record of the national regional archive in whose district the archive is situated. In the notification, the information referred to in Article 35 (a) to (c) and (e) and (f) shall indicate the personal data of the person to be made available, the period during which the archive will be viewed and the lessons learned about the legal consequences of the submission and non-submission of the objection within the prescribed period. A person may object to viewing the archives according to the first sentence within 30 days of the date of delivery of the notification. The objection must make it clear which personal data are concerned. If the person does not object within the period referred to in the fourth sentence, he or she shall be deemed to agree to the inspection of the archives. The service and calculation of time limits shall be subject to part of the second administrative order. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
69.Paragraph 37 (3) reads as follows:
"(3) The archives relating to a living natural person containing sensitive personal data (13) may be consulted only with the prior written consent of that person. The Archives shall request the person concerned to agree to be consulted on such archives. The request shall contain the data referred to in Article 35 (a) to (c) and (e) and (f), the sensitive personal data of the person to be made available and the period during which the archive will be viewed. ';
70. In Paragraph 37 (5) of the Introductory Part of the provision, the number "3 'is replaced by" 4 or to exercise its powers under this Act'.
71. In Paragraph 37 (5), the final part of the provision reads: "The request for the release of data from the population registration information system and the data from the population registration information system may be made in a way that allows remote access."
72. In Paragraph 37, the following paragraph 9 is added:
"(9) The provisions of paragraphs 1 to 4 shall not apply to the originator of the archives; Such bodies may consult the originals' archives without restriction. The provisions of the first sentence shall apply mutatis mutandis to the legal successor of the originators of the archives. Furthermore, the provisions of paragraphs 1 to 4 shall not apply to the entities referred to in Paragraph 38 (5); they may consult archives the source of which is the State or the territorial authority without restriction. ';
73.In Paragraph 38 (1), the following point (c) is inserted after point (b):
"(c) the natural person objected to the consultation of archives containing his personal data; This does not apply if the archives referred to in Article 37 (7) and (8),"
Points (c) and (d) shall be renumbered points (d) and (e).
74. In Paragraph 38 (4), the words "Institute of the Academy of Sciences or of the College 'are replaced by the words" Cultural Scientific Institutions'.
75. in Paragraph 38 (5), the words "armed forces, security forces, intelligence services of the Czech Republic" shall be inserted after the word "State."
76. In Paragraph 38, at the end of paragraph 5, the sentence "If it is necessary to view these archives outside the archives in which they are stored, they may be lent provided that:
(a) the borrower undertakes in writing to return the archives in full within the agreed time limit and undamaged;
(b) the Category I archive to be lent shall have copies made in the archive in accordance with Article 20 (4). "
77. In Paragraph 40 (1), after the first sentence, the sentence "The provisions of the Copyright Act are not affected by the first sentence."
78. In Article 43 (c), the words "the Security Corps' shall be inserted after the words" the Bank '.
79. In Paragraph 44 (o), the words "museums, libraries, galleries, monuments, scientific institutes and universities" are replaced by the words "and cultural scientific institutions."
80.In Article 44, the following points (q) to (u) are inserted after point (p):
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Regulation Information
| Citation | Act No. 190 / 2009 Coll., amending Act No. 499 / 2004 Coll., on archiving and writing services and on the amendment of certain laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.2009 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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