Decree No. 191 / 2009 Coll.
Order on details of the performance of the file service
Valid
Order
Effective from 01.07.2009
Text versions:
01.07.2009
26.06.2009
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191
DECLARATION
of 23 June 2009
on details of the performance of the file service
According to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll., (hereinafter referred to as "the Act '), the Ministry of Interior provides for the implementation of Sections 9 (2), 13 (5) and 70 (1) of the Act:
Subject matter
This decree sets out the details of the performance of the file service relating to the originators of documents which, for the purposes of the decree, are the determination of the original1), the municipalities which are not designated originators, the organisational components of the local authorities and the legal entities established or established by the local authorities to the extent that they carry out the file service under the law (hereinafter referred to as "the originator ').
Receipt of documents
(1) Documents delivered shall be accepted at the place designated by other legislationsm2) or by the originator (hereinafter referred to as "the mailroom"). A document transmitted by originators outside the post office or a document made from a submission made orally shall be transmitted without undue delay to the post office, unless otherwise specified. Documents subject to registration pursuant to Paragraph 3 (3) shall not be transmitted in the same way.
(2) Documents which are not of an official nature in respect of the agent's activities are not subject to registration. The characteristics of such documents shall be indicated by the originator in the file order; where the originator does not issue a file order (3), he shall indicate these characteristics in another internal regulation governing the performance of the file service.
(1) The document delivered in analogue form and, where appropriate, its envelope, shall bear the agent's stamp on the date of service, or any other means of technology which satisfies the requirements of the stamp provided for in Article 5 (5). If the documents are transmitted to him in analogue form outside the post office or if they are made from oral submissions, the originator shall, as a general rule, affix them on the date of delivery or creation by means of a stamp or other technological means, as appropriate.
(2) The cover of a document in analogue form is always left on the document if:
(a) the document is delivered to the originator in his own hands in accordance with another legislature4;
(b) this is necessary for determining when the document was submitted for postal transport or when the originator was served otherwise; or
(c) the particulars indicated therein are relevant for determining the address of the consignor.
(3) If the address on the received envelope containing the document in analogue form indicates, first and foremost, the name and surname of the natural person, the envelope shall be forwarded to the addressee or, where appropriate, to the person designated by it, unopened. Where the addressee finds, after opening an envelope with an analogue document, that it contains a document of an official nature, it shall immediately ensure its additional marking and registration; Similarly, the addressee to whose e-mail address a document of an official nature in digital form has been directly delivered shall also proceed.
(1) Where a digital document is accompanied by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (5) (hereinafter referred to as the "recognised electronic signature '), an electronic mark based on a qualified system certificate issued by an accredited certification service provider (6) (hereinafter referred to as the" recognised electronic mark') or a qualified timestamp (7), the originator shall verify their validity in accordance with other legislation8), provided that such data can no longer be used from the alert referred to in paragraph 2.
(2) Where the receipt of documents is provided by an electronic service provider, the record of the results of the validation of a recognised electronic signature and a recognised electronic label under another legislature9 may be used to perform a file service in an electronic file service system.
(3) The digital document delivered shall always be checked if it does not contain an incorrect data format or a computer program capable of causing damage to the originator's software or to the information processed by the originator, or if it is not capable of damaging the originator by misusing the information (hereinafter referred to as "malicious code"). If the malicious code is detected, a digital document containing an erroneous data format or containing factual information which the originator can safely use in relation to the further processing of the document and the originator can safely store it outside the electronic mail office, the originator shall store it in a specific repository. Other documents for which a malicious code has been found shall not be stored by the originator but destroyed; in that case, the digital document shall be deemed not to have been delivered.
(4) Where the originator is able to identify the e-mail address of the consignor from a digital document containing the malicious code, he shall immediately inform the originator of the identification of the malicious code and, where appropriate, of the destruction of the document and shall provide for a further procedure to ensure the proper delivery of the document; the receipt of a document in digital form for which a malicious code has been identified and the consignor's notification shall be kept by the originator's special record.
(5) The result of the verification of the validity of the recognised electronic signature, the recognised electronic mark or the qualified time stamp of the originator shall be attached to the digital document covered by the verification.
(6) Where the verification referred to in paragraphs 1 and 2 demonstrates the invalidity of a recognised electronic signature, a recognised electronic mark or a qualified time stamp, the consignor shall inform the consignor accordingly where such invalidity has legal consequences for the further processing of the document.
(7) The digital document delivered, which does not contain a malicious code, is stored unchanged in the repository of the data messages delivered, introduced into the electronic file service system and identified by an unambiguous identifier.
Labelling of documents
(1) The marking of documents in the file service is provided by the originator for digital documents by an electronic file service system, for documents in the analogue form by the mailroom.
(2) If the author keeps the file service in electronic form, the document records in analogue form may also be included.
(3) If the originator maintains the file service in electronic form,
(a) it shall affix a unique identifier to the document delivered or produced by it in digital form; the unique identifier shall contain in particular the originator's designation and, where applicable, the abbreviation of the originator's designation in the form of a numerical or alphanumeric figure or a barcode;
(b) the digital document which has been transmitted to it on data media shall be transmitted to the e-mail service for storage in the repository of the received data messages and for introduction into the electronic file service system;
(c) the document delivered in an analogue form, the nature of which permits it, usually transfers the means of an authorized conversation10), other conversions or converts the document into digital form 11); a unique identifier shall be provided for the document produced in digital form.
(4) Where the originator maintains the file service in paper form,
(a) the document delivered in analogue form and, where appropriate, its envelope, shall be stamped on the date of delivery and, where appropriate, shall be used by another means of technology as referred to in Article 3 (1); if the document is transmitted to it in analogue form outside the post office or if it is made from oral submissions, the originator shall proceed in accordance with Article 2 (1);
(b) the document produced by it, in analogue form, shall bear the reference number of the document's separate document records,
(c) the digital document converts the means of an authorized conversation10) or other conversions into an analogue form, or converts the document into an analogue form 12); the document, in analogue form, shall bear the reference number of the individual document records and the postmark or other technological means referred to in Article 3 (1).
(5) The copy of the stamp contains the entries for completing the information on:
(a) the name of the originator;
(b) the date of service of the document and, if other legislation so provides, the time of service of the document;
(c) the number of the case or registration number of the separate document records;
(d) the number of pages of the document;
(e) the number of paper annexes to the document in analogue form and the number of sheets of those annexes or, where appropriate, the number of volumes of paper annexes to the document in analogue form; for non-paper annexes, their number and type;
the technology referred to in Article 3 (1) contains a similar range of items for filling in the data.
(6) When converting a document in analogue form into a digital form (11), the transferred document shall be marked with the transferred document and shall normally be stored in the repository of the transferred documents; Similarly, a digital document shall be converted into a document in an analogue form (12), indicating that the document produced in an analogue form is identical to the document transferred in order to ensure a clear link between those documents and to enable them to be traced back; the transferred document in digital form shall be stored in the repository of the transferred documents. The details of the transfer of documents shall be laid down in the originator's book order; where the originator does not issue a file order (3), he shall specify these details in another internal regulation governing the performance of the file service.
Document records
(1) Where documents received which have been identified by an unambiguous identifier [Paragraph 5 (3) (a)] and documents created by the originator are subject to registration, they shall be recorded in the records of the documents. Such records shall not be considered as a postal book, a postal book and other means of evidence not complying with the requirements laid down in § 7 (2) or § 7 (4).
(2) An electronic file service shall be provided as a basic recording aid. The basic documentation tool in the management of the file service in paper form is the delivery journal. Where other legislation so requires, or where the originator so provides, documents shall be recorded in separate records of documents; the separate records of documents kept in electronic format are the information system agenda (13). The author shall list in the file order all separate documents used, broken down by their form (electronic or paper); where the originator does not issue a file order (3), he shall indicate this in another internal regulation governing the performance of the file service.
(3) If abbreviations are used when entering documents, the document records shall include a list of explanatory notes.
(4) The electronic file service system, including the agenda information systems that are part of it, to the extent that they are used for the performance of the electronic file service tasks, must be compatible with the requirements laid down by the national standard for electronic file service systems14).
(5) The record of documents kept in paper form, in particular the delivery logbook, is a book made up of bound and numbered sheets of forms, marked with the name of the originator for which it is kept, the year in which it is used and the number of all sheets; records shall be kept against alienation, loss, alteration, unauthorised or accidental access, destruction or unauthorised processing of data, as well as any other misuse. The entries in the paper records of documents shall be made in a clear, clear, legible manner and in a way that guarantees their durability. Incorrect writing shall be crossed out in a way that ensures the legibility of the writing even after the cut has been made. If necessary, the incorrect entry shall be supplemented by the correct entry. The date, name and / or surname and signature of the natural person who carried it out shall be indicated for the repair carried out. In the electronic file service system, repairs and identification are processed automatically by the executing person, in a manner that is defined by the national standard for electronic file service systems.
(1) If the document is registered in one type of document registration and then transferred to another type of document registration, the primary registration record shall be completed by means of a document re-registration note, including a new document registration number.
(2) The document shall be kept in the log or in the electronic file service system for the following information:
(a) the serial number of the document under which it is registered in the register of documents (hereinafter referred to as the serial number);
(b) the date of service of the document to the originator or the date of creation of the document by the originator; the date of creation of the document by the originator means the date of its registration in the register of documents. In the case of a digital document, the date on which the document is available by e-mail (15) shall be indicated as the date on which the document is made available, or when a natural person or legal person is registered in the data box of the natural person or legal person who has access to the document (16) in respect of the extent of his authorization, or when the document is delivered to the data box of the public authority,
(c) the address of the consignor; if it is a document created by the originator, the word "Custom 'shall be entered;
(d) the number of the reference consignor or the registration number of the separate document register, if marked by the document;
(e) the number of sheets of the document in analogue form, the number of sheets or the number of volumes of its annexes in paper form; for non-paper annexes, their number and type;
(f) brief content of the document (subject matter, case),
(g) the designation of the originator service to which the document has been assigned for processing; where the originator is designated for the processing of the document by a natural person, his name and surname shall be indicated, where applicable;
(h) the method of processing, the address of the addressee, the date of dispatch, the number of sheets of the document in analogue form, the number of sheets or the number of volumes of its annexes in paper form; for non-paper annexes, their number and type, for digital document, the number of annexes,
(i) the file character, the shredder character and the shredder period of the document or the year in which the document will be included in the shredding procedure;
(j) the unique identifier of the digital document as regards the digital document registration in the electronic file service system.
(3) The numerical series in the document record starts with serial number 1 and is always composed of positive whole numbers continuously consecutive. The numerical series shall be kept from the first calendar day of the time period specified by the originator for the management of the numerical series in the document records (hereinafter referred to as the "specified time period ') before the start of the specified time period. The records of documents kept in electronic form shall not allow the registration of an additional document with a serial number already allocated within that specified time period to be carried out at the end of a specified time period or the registration of a document whose registration falls within the following specified time period. In the paper record of documents, the blank lines below the last entry at the end of the page shall be crossed out and the record of the date of the last entry and the last serial number used shall be completed; the entry shall be formally indicated in the form" Completed on... by order number...'. The record shall be accompanied by the name and / or the names, surnames and signature of the natural person in charge of the file service.
(4) In particular, the separate records of documents in paper or electronic form shall keep the particulars provided for in paragraph 2 (a), (b), (c), (f), (i) and (j).
Reference and registration number of separate document records
(1) The document registered in the register of documents shall bear the reference number of the case. The reference number shall always include the indication or abbreviation of the originator's designation, the serial number and the indication of the designated time period, which shall, as a general rule, be the calendar year, or, where applicable, the indication or abbreviation of the designation of its organisational unit, or other characteristics characterising the facts relating to the document. Where a document is recorded in a collection sheet pursuant to Article 9 (2) (c), the reference number shall also include the serial number of the document in the collection sheet, which is a chronological summary of the documents in the file.
(2) The collection sheet contains, in particular, the reference document number or file number (Section 9 (3)) on which it is kept, the case, the serial number of the document in the file, the date of receipt of the document, the indication or abbreviation of the consignor's designation, the reference document number of the consignor's document, if marked by it, the number of sheets in analogue form, the number of sheets or the number of volumes of its annexes in paper form; for non-paper annexes, their number and species.
(3) A document registered in a separate document register shall be identified by a registration number from a separate document register. The registration number shall always include the name of the separate document records and the serial number.
Production of the file
(1) The file is created by connecting documents or using a collection sheet.
(2) If the file is created
(a) by linking documents, the new document shall then be recorded in the register of documents and the reference or registration number shall be assigned to it from the separate document records. In the register of documents, references shall be made to each other for the previous and new document or file. The file shall always include an inventory of the documents entered or the files with their numbers in the separate document records,
(b) by linking digital documents in an electronic file service system, the procedure laid down in point (a) shall be replaced by the connection of digital documents in the form of cross-references;
(c) by means of a collection sheet, then the records of the file are recorded in the records and the initiating document is registered in the collection sheet. In the initiating document, a dash or slash and number 1 shall be added to the reference number, in the following documents of the file, a dash or slash shall be added to the original reference number and the following positive integer in the order of the document (serial number of the document in the collection sheet) in which it is registered in the collection sheet. The data set out in Section 8 (2) and other data contained in the poststamp or in another technological device referred to in Section 5 (5) shall be kept in the collection sheet.
(3) If other legislation17 so requires, the file shall bear a file mark under which it is also registered. The file mark shall be in particular:
(a) the reference sheet number, initiative or other, by the originator of the designated document entered in the file; or
(b) another indication which the originator normally uses for his purposes or considers to be useful for other reasons.
(4) The completed file shall always include a copy of the document to which the file has been handled or a record of its execution.
(5) Documents in analogue form are arranged in chronological order in the file, either ascending or descending. In justified cases, documents in the file may be organised according to their logical links; the rules governing such arrangements shall be laid down by the originator's rules of procedure, where the originator does not issue the Order of Procedure (3), those rules shall be laid down in another internal regulation governing the performance of the file service.
Distribution and circulation of documents
(1) The distribution of the documents received shall be carried out by the Registry in accordance with the originator's rules of procedure; where the originator does not issue a file order (3), the distribution of the documents received shall be carried out under another internal provision governing the performance of the file service. The registered document shall be forwarded for processing to the competent service of the originator or, where appropriate, to the person designated for processing it.
(2) The originator shall ensure that documents are circulated in such a way as to enable the monitoring of all operations involving documents, identify the persons who carried out the operation and determine the date on which the operations were carried out.
Processing of documents
(1) The document shall be handled by the natural person authorised by the originator.
(2) Where the person referred to in paragraph 1 carries out a document by taking note, by personal contact or by telephone, he shall record it in the records of the documents; If the document is in analogue form, the document or its packaging shall also be recorded.
(3) The document shall be assigned at the latest on completion of the file character, the shredder character and the shredder period or, where applicable, the year of inclusion of the document in the shredder procedure, according to the originator's file and shredder plan, effective at the time of the document's execution.
(4) The document record shall record the manner in which the document is handled and the identification of the entity which is the addressee of the document. If the document has been handled together with another document, this shall be stated in the document records.
File character, shredder character and shredder period
(1) An overview of the file characters is given in the author's file and shredder plan.
(2) The shredder indicates the value of the document according to its content and indicates how the document is assessed in the shredding process.
(3) The "A" (archive) shredder is marked with a document of permanent value, which will be designed in the shredding process to be selected as archival. The "S '(rise) shredder symbol is a document with no permanent value that will be designed for destruction in the shredding process. The" V "(selection) shredder character shall be identified by a document that will be assessed and designed in the shredder's procedure to be selected for archival or destroyed.
(4) The document shall be marked with one shredder. The file shall be marked with a shredder character corresponding to the shredder character of the document in this file, which shall be of the highest value; for the purpose of identifying a file with a shredder character, the "A 'is of a value higher than the shredder sign" V' and the "V 'is of a value higher than the shredder sign" S'.
(5) The shredding period shall be expressed by the number followed by the shredder. The originator shall specify in the file and shredder plan the time relevant for the passage of the shredding period (trigger event). The time-limit shall be determined by the number of whole years calculated from 1 January of the calendar year following the calendar year in which the time-limit for the passage of the shredding period is reached.
(6) The document has one shredding period. The file shall be referred to as the shredder deadline corresponding to the shredder period of the document in this file to which the longest shredder period has been allocated.
Preparation of documents
(1) The document created by the originator and intended for dispatch shall contain a header indicating the name, registered office or other identification address of the originator and the reference document number or the registration number of the separate document records. The reply to the document received shall also indicate the number of the reference consignor or, where applicable, the registration number of the document received, if it contains it.
(2) The other elements of the document referred to in paragraph 1 shall be:
(a) the date of signature of the document;
(b) the number of annexes; for a digital document, the number of annexes where the nature of the document makes it possible to determine;
(c) the number of sheets, the number of sheets of annexes or the number of volumes of annexes, if the document is in analogue form;
(d) the name and, where appropriate, the name, surname and function of the natural person responsible for signing it; where other legislation18 so provides, the indication of the function of the natural person responsible for signing the document may be replaced by his service number.
Signature of documents and use of official stamps
(1) The conditions for signing documents in the analogue form sent by the originator or, where appropriate, by the person authorised to sign them, and the conditions for using the recognised electronic signature, the recognised electronic mark, the qualified time stamp, the data boxes and the official stamps (19) shall be laid down by the originator's rules of procedure; where the originator does not issue a file order (3), the facts shall be determined by the part of the sentence before the semicolon in another internal regulation governing the performance of the file service.
(2) The originator shall keep a record of the official stamps, containing a stamp with the name and, where appropriate, the name, surname and function of the person who has taken over and used the official stamp, the date of receipt of the official stamp, the date on which the official stamp is returned, the date on which the official stamp is removed from the register, the signature of the person taking over and, where appropriate, the date on which the official stamp was lost.
(3) The originator shall immediately notify the Ministry of the Interior of the loss of the official stamp. The notification shall state the date from which the stamp is missing. The Ministry of Interior will publish a notice of loss of stamp in the Government Bulletin for regional and municipal authorities, in the Ministry of Interior Bulletin and in a way that allows remote access.
(4) The originator shall keep a record of the qualified certificates issued by the accredited certification service providers on which he or she holds and on which he / she is based the recognised electronic signatures used by him / her and of the qualified system certificates of which he / she holds and on which he / she is based the recognised electronic brands issued by the accredited certification service provider to the extent of the data,
(a) the certificate number;
(b) a specification of whether it is a qualified certificate or a qualified system certificate;
(c) the beginning and expiry of the certificate;
(d) the password to invalidate the certificate;
(e) the date and reason for invalidation of the certificate;
(f) information on a qualified certification service provider;
(g) identification of the authorised user of the guaranteed electronic signature.
Sending documents
(1) The sending of documents is ensured by the originator, in particular through the shipping office, electronic mail office or data box.
(2) The dispatch shall be the place where the document sent in analogue form shall be accompanied by the formalities for dispatch.
(3) The date of dispatch of the document shall be recorded in the relevant document records.
Saving documents
(1) Documents and files shall be stored according to the file and shredding plan in the Registry or in the electronic file service system. The procedure for depositing documents shall be laid down by the originator's rules of procedure; where the originator does not issue a file order (3), he shall provide for this procedure in another internal regulation governing the performance of the file service.
(2) The document or file in analogue form, or the document or file in digital form, shall be checked before storage if they are complete.
(3) A document in analogue form or, where appropriate, a file in analogue form, shall be considered to be complete if it contains the information provided for in Article 5 (4) (a) and (b), the file character, the shredder character and the shredder period and, in the case of the file, all documents listed in the inventory of documents referred to in Article 9 (2) (a) or in the collection sheet referred to in Article 9 (2) (c).
(4) A digital document or digital file shall be considered to be complete if the metadata set out in the national standard for electronic file service systems are provided. The originator, if possible, shall supplement the incomplete digital document with metadata, or transfer it to analogue subsection 12) corresponding to the date of its execution and shall affix it to the requirements laid down in Sections 5 (3) (a) and 11 (2) and (3), at the same time as the processing of the document or the closure of the file. The record of the transfer to the analogue form shall indicate the originator in the document records.
(5) The originator shall keep a record of the documents and files deposited containing, in particular, their names, file characters, shredder marks and time limits.
(6) The Registry shall keep a register of lending and consultation of documents in an analogue form; for digital documents, access records are kept by an electronic file service system. The procedure for lending and consultation of documents shall be laid down by the originator's rules of procedure; where the originator does not issue a file order (3), he shall indicate this procedure in another internal regulation governing the performance of the file service.
(7) If there is irreversible damage or destruction of a document in digital form or if the document in digital form cannot be displayed in a user-sensitive manner, this shall be noted in the note in the document register, including the number of the negotiating document to which the damage or destruction has been addressed. If the document is lost or destroyed in analogue form, the word "Loss" and the reference document number to which the loss has been dealt shall be entered in the document records.
Disposal procedure and details of the shredding procedure
(1) All documents which have elapsed from the shredding period and official stamps removed from the register shall be included in the shredding procedure.
(2) Documents or files, where appropriate, in digital form, included in the shredding procedure shall be stored in the output data formats set out in Section 20 and shall be provided with metadata set out in the national standard for electronic file service systems. If the document or file, if applicable, is not stored in digital form in the specified output data format, the originator shall, if possible, transfer it to the requested data format. If the document or file, if applicable, in digital form it is not possible to obtain metadata or convert it to the required output data format, the originator shall proceed mutatis mutandis in accordance with Article 16 (4).
(3) Documents containing classified information20) bearing the shredder "S" shall be classified in the shredding procedure without cancelling the classification level; where, for the purposes of assessing documents in the framework of the shredding procedure, it is necessary to familiarise themselves with their content, the originator shall exclude those documents from the shredder procedure, amend the shredder period and include them in the shredder procedure after the reason for the disclosure has passed and the classification level has therefore been deleted for those documents. Documents containing classified information which have been marked with the "A 'shredder for which the classification level cannot be deleted shall not be included in the shredder proceedings for the duration of the reasons for classification unless the relevant security archives are entitled to choose them under Section 53 of the Act.
(4) The procedure for the preparation and conduct of the shredding procedure is laid down by the originator in the rules of procedure; where the originator does not issue a file order (3), he shall determine the method of preparing and running the shredding procedure in another internal regulation governing the performance of the file service. The preparation of the shredding procedure shall always involve the assessor of the shredder of the shredder, who is the originator responsible for carrying out the archival selection process or, where appropriate, the person responsible for managing the file room or administrative archive. Where documents containing classified information which cannot be revoked, the preparation and conduct of classified information are included in the shredding procedure, only natural persons who fulfil the conditions for access to classified information which have documents with the highest classification in the shredding procedure shall participate.
(5) The manufacturer shall draw up lists of documents for assessment in the shredding procedure. In the lists of documents, organised by file characters, it shall separately indicate the documents with the "A 'shredder and the" S' shredder. Documents bearing the "V 'shredder mark shall be assessed and classified with the" A' shredder mark or with the "S 'shredder symbol.
(1) The originator shall submit a shredder proposal for the removal of documents and, where appropriate, stamps, including a list of documents, to the appropriate archive. If the author submits a paper-based shredder's proposal, he shall attach to it lists of documents in duplicate.
(2) On the basis of the shredding proposal submitted, the authorised staff member from the archives concerned shall carry out a professional archival examination of the documents and, where appropriate, of the official stamps proposed for elimination. During a professional archive search
(a) assess whether the documents bearing the shredder mark "A" comply with the requirements laid down by law for the selection of archives; if they find that they do not have a permanent value, they shall be transferred to the documents proposed for destruction;
(b) assess whether documents with the "S" shredder mark are of no lasting value; if they find that they have a permanent value, they shall be translated into documents bearing the shredder "A ',
(c) assess the classification of "V" shredder documents among documents intended to be declared as archives or as documents intended to be destroyed;
(d) assess whether the official stamps included in the shredding procedure have a permanent value;
(e) establish, in cooperation with the originator, the time and manner of transmission of archives for storage in the relevant archive.
(3) After the archival examination, the staff member of the archives concerned shall draw up a report on the shredding procedure carried out. It shall include in its Annex a list of documents or, where appropriate, official stamps selected for archival purposes and shall give its consent to the destruction of documents or, where appropriate, official stamps bearing the "S 'shredder mark.
(4) The originator shall transmit to the archives concerned the documents and, where appropriate, the official stamps selected as archives. The transmission shall be made by the official record (21) of the transmission of archives for permanent storage in the archive, which shall include in particular the name, registered office or other identification address of the originator, the name of the archive concerned, the number and description of the status of the archive transmitted, the date of transmission of the archive, the name and, where applicable, the name, surname and function of the natural person responsible for signing the record for the originator and the archive concerned and its signature.
(5) The originator, on the basis of his consent to destroy documents bearing the shredder's mark "S" or, where appropriate, official stamps, ensures that they are destroyed. The destruction of documents and, where appropriate, official stamps shall mean their deterioration in such a way as to prevent their reconstruction and identification of the contents.
File separation
(1) File separation shall be carried out upon cancellation or reorganisation of the originator. It is always part of the shredding procedure, which is followed in accordance with § 17. In the shredding procedure, documents and files which have expired shall be excluded. Other documents and files shall be transmitted by the successor to the originator according to the transmission lists.
(2) Transfers of completed documents and closed files to which the shredding period has not expired shall be entered in the transfer list. The transmission list shall include the serial number, the file number, the type of documents or, where applicable, the file, the time of their formation and the quantity (for example, the words "2 volumes'), the name and / or names, the surnames of the natural persons responsible for carrying out the file separation and their signatures. The documents which are not completed and the files which are not closed shall be entered in the transfer list indicating the individual documents and, where applicable, the files, the time of their formation, the extent (number of sheets and annexes), the name and / or names of the natural persons responsible for carrying out the file separation and their signatures.
(3) The outstanding documents and files transmitted by the successor of the originator or the successor part of the originator, resulting from the reorganisation, shall be newly entered in his register of documents as received.
Output data formats
(1) The output data format of the documents referred to in paragraphs 2 to 5 means the formats set out in those paragraphs for:
(a) the format of the output from the electronic file service system;
(b) the format of the document stored in the electronic file room which is part of the electronic file service system;
(c) the format for transmission to the digital archive.
(2) The Portable Document Format / Archive (PDF / A, ISO 19005) is used as the output data format of static text documents and static combined text and image documents.
(3) As output data formats of static image documents shall be used:
(a) Portable Network Graphics format (PNG, ISO / IEC 15948),
(b) Tagged Image File Format (TIFF, revision 6 - uncompressed); or
(c) JPEG File Interchange Format (JPEG / JFIF, ISO / IEC 10918).
(4) As output data formats of dynamic image documents shall be used:
(a) a video programming tool for data compression (codec) Moving Picture Experts Group Phase 2 (MPEG-2, ISO / IEC 13818);
(b) a video programming tool for data compression (codec) Moving Picture Experts Group Phase 1 (MPEG-1, ISO / IEC 11172); or
(c) Graphics Interchange Format (GIF).
(5) As output data formats of audio documents shall be used:
(a) audio programming tool for data compression (codec) MP2 (MPEG-1 Audio Layer 2),
(b) an audio programming tool for data compression (codec) MP3 (MPEG-1 Audio Layer 3); or
(c) Waveform audio format (WAV), Pulse- code modulation (PCM).
(6) A different data format may also be used for output from the electronic file service system referred to in paragraph 1 (a).
(7) The output data format of metadata provided by the Decree is the XML format according to the XML scheme, which is annexed to the national standard for electronic file service systems.
Management of file services in emergency situations
(1) In the event of a natural disaster, an environmental, industrial or other accident, or in the event of another emergency, the originator is prevented from using the file service normally for a limited period of time (hereinafter referred to as "emergency '), the author shall keep the file service in paper form in the mail logbook (hereinafter referred to as" replacement records'). The details of the performance of the file service in emergency situations in accordance with the first sentence, in particular the labelling and registration of documents, the manner in which they are handled, sent and stored, shall be laid down by the originator in the rules of the file; where the originator does not issue a file order (3), he shall indicate these in another internal regulation governing the performance of the file service.
(2) The replacement register shall be closed by the originator without delay after the end of the emergency.
(3) Where documents are recorded in the replacement register
(a) less than 48 hours, the replacement documents shall be re-registered in the duly registered agent's register;
(b) for more than 48 hours, the documents shall remain recorded in the replacement register for the purposes of carrying out the file service and only those documents which cannot be dealt with in the replacement register shall be revised in the proper register.
(4) Documents registered and executed in the replacement register shall be kept in the Registry together with the other documents of the originator.
Transitional provision
Paragraph 16 (4) shall apply for a period of 3 years from the date of entry into force of this Decree only for the storage of documents bearing the shredder marks "A 'or" V'.
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Regulation Information
| Citation | Decree No. 191 / 2009 Coll., on details of the performance of the file service |
|---|---|
| Regulation Type | Order |
| 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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