Act No. 192 / 2016 Coll.
Act amending Act No. 111 / 2009 Coll., on Basic Registers, as amended, and certain other laws
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Law
Effective from 01.01.2017
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192
THE LAW
of 25 May 2016
amending Act No. 111 / 2009 Coll., on Basic Registers, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Basic Register Act
Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., Act No. 424 / 2010 Coll., Act No. 263 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 303 / 2013 Coll. and Act No. 312 / 2013 Coll., are amended as follows:
1. in Article 2, the following point (d) is inserted after point (c):
"(d) by a private-law user of data engaged in by a natural person or legal person who is not a public authority and is entitled under another legislation to use data from a basic register or agency information system;"
Points (d) to (g) shall be renumbered as points (e) to (h).
2. in Article 2 (e):
"(e) an agenda of a comprehensive scope of competence of a public authority or a coherent area of action by a private-law data user;"
3. In Article 2, the words ", use of electronic forms or electronic identification 'shall be added at the end of the text in point (f).
4. In Article 2 (g), the words "which forms part of the reference, shared and secure interface of public administration information system54) (hereinafter referred to as" the reference interface ') and' shall be inserted after the words "administration '.
Footnote 54 reads:
"54) § 2 (i) of Act No. 365 / 2000 Coll., as amended. '
5. in Article 2 (h), the words "reference" and "reference" shall be deleted;
6. In Article 3 (d), a comma is inserted after the word "agenda 'and the words" power' are inserted after the word "private data users'.
7. In Paragraph 4 (1), at the end of the first sentence, the words ", operational data and other statutory data 'shall be added.
8. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) A private-law data user shall use the data held in the base register exclusively through an agenda information system provided for by another law establishing the authorisation of the private-law data user to use the data kept in the base register. ';
Paragraph 4 shall become paragraph 5.
9. In Article 5 (5), the words "and authentication 'shall be inserted after the word" identification', the words "access to reference data 'shall be replaced by the words" provision of reference data' and the word "third 'shall be replaced by the words" other physical or legal ones'.
10. The following Section 5a is inserted after Section 5:
(1) The public authority shall use data from the Agenda Information System by direct access, even if data are required on a natural person who is not clearly identified, if this is necessary for the performance of the task under its responsibility in ensuring:
(a) the security of the Czech Republic,
(b) defence of the Czech Republic,
(c) public security and effective protection of human life and health;
(d) preventing, searching, detecting and prosecuting crime;
(e) the significant economic or financial interest of the Czech Republic or of the European Union, including such interest in the field of monetary, budgetary and fiscal; or
(f) protection of the rights of persons in legal proceedings.
(2) The provisions of this Act on the implementation of links through the information system of the basic registers shall not apply in the procedure referred to in paragraph 1. ';
11. in Paragraph 7 (2), the words "through the services of the basic registers' shall be added at the end of the text of point (e).
12. In Article 7, at the end of paragraph 2, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) linking the information system of the basic registers and other components of the reference interface;
(h) the publication of up-to-date data on operational status of basic registers and operational technical data from the operation of basic registers in a way that allows remote access. ';
13. In Article 7, at the end of the text of paragraph 4, the words "except for access to the agenda for which it was registered 'shall be added.
14. in Article 7 (5), the words "or private user of data" shall be inserted after the words "public authority."
15. in Article 8 (1), the words "and use" shall be inserted after the words "entry."
16. in Article 9 (1), the words "responsible" shall be deleted and the words "within the framework of the relevant agenda" shall be inserted after the words "register";
17.
Identifier of entities kept in the Register of Persons
The identifier of the entity kept in the person register shall be the person identification number. ';
footnote 5 is deleted.
18. in Article 17 (b) and (c):
"(b) foreigners residing in the Czech Republic in the framework of permanent residence or on the basis of a long-stay visa or long-stay permit;
(c) citizens of other Member States of the European Union, citizens of States which are bound by an international treaty negotiated with the European Community (9), and citizens of States which are bound by the Treaty on European Economic Spaces10), and their family members residing in the territory of the Czech Republic in the framework of a permanent residence or who have been issued a temporary residence document in the territory of the Czech Republic for more than 3 months; ';
19. in Paragraph 18 (1) (g), the words "and species" shall be inserted after the words "numbers."
20. in Paragraph 18 (1) (h), the words "record of establishment" are replaced by "type."
21. in Paragraph 18 (2), the word "identification" shall be inserted after the word "legible."
22. in Paragraph 18 (4) (b), the words "day, month, year" shall be replaced by the words "date" and the words "," the consent identifier of the data subject to the provision of data to another natural or legal person "shall be inserted after the words" expenditure. "
23. In Paragraph 18, at the end of paragraph 4, the dot is replaced by a comma and the following point (d) is added:
"(d) a record of the granting or withdrawal of the consent of the data subject to the provision of the data to another natural or legal person pursuant to § 58a."
24. in Article 19 (5) (a), the words "authorised official on the agenda" shall be replaced by the words "natural person who carries a role which is private."
25. in Article 19 (5) (b), "day, month, year" is replaced by "date."
26. in Article 19 (5), the following point (c) is inserted after point (b):
"(c) the trading firm or the name or the name or names, as appropriate, and the surname of the entity to which, upon request, the data are provided pursuant to § 58a, the date and time of granting or withdrawing the consent of the data subject to the provision of data pursuant to § 58a and the consent identifier;"
Points (c) and (d) shall be renumbered points (d) and (e).
27. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ministry of the Interior controls the exercise of delegated powers in the section of the population register of local and local authorities; the provisions on the control of the delegation of powers by regional authorities under the Municipality Act are not affected. ';
Paragraph 3 shall become paragraph 4.
28. In Article 21, the words "and species' shall be inserted after the words" numbers'.
29. in Paragraph 22 (1), "3" is replaced by "15."
30. in Paragraph 24 (a):
"(a) the agent's post:
1. a public authority which keeps a register of the bodies referred to in Paragraph 25 under another law, where such bodies arise from registration in that register or other legislation links the establishment of such bodies to registration in that register,
2. a public authority granting authorisation to operate under another legislation;
3. the administrator of the register of public authorities and private users of data, where the body referred to in Section 25 is a public authority,
4. a central administrative authority whose scope is the creation of an entity referred to in Paragraph 25, if the public authority referred to in points 1 to 3 is not closest, '.
footnotes 18 and 19 are deleted.
31. in Article 24 (b), the words "with management agenda" shall be replaced by "with management."
32. in Article 25 (b), the words "and the organisational unit" shall be inserted after the word "component."
33.In Paragraph 25, the following point (d) is inserted after point (c):
"(d) the internal organisational unit of the State, where the internal organisational unit is legally entrusted with its own competence, '.
Points (d) to (f) shall be renumbered as points (e) to (g).
(34) footnotes 22, 23 and 25 are deleted, including the footnotes.
35. in Paragraph 25, point (g), including footnote 24, is deleted;
36. In Section 25 of the final part of the provision, the words "this law or 'shall be inserted after the words" according to'.
37. in Paragraph 26 (1), the word "identifiers" shall be deleted;
38. in Paragraph 26 (2) (a), "(d)" is replaced by "(e)";
39. in Paragraph 26 (2) (b), "(d) and (e)" shall be replaced by "(e) and (f)";
40. in Article 26 (2), the following point (d) is inserted after point (c):
"(d) the identification number of the person;"
Points (d) to (q) shall be renumbered as points (e) to (r).
41. in Article 26 (2) (h), the words "record of establishment" are replaced by "type."
42. in Article 26 (2), the following points (j) to (m) are inserted after point (i):
"(j) a liquidator expressed as a reference link to the population register or to the person register, or an indication of the name or, where appropriate, the names, surnames and residence of the natural person or the name and address of the legal person, unless such persons are managed in the population register or in the person register,
(k) the guardian of a legal person, expressed as a reference link to the population register or to the person register, or an indication of the name, surname and address of the natural person, or the name and address of the legal person, unless such persons are kept in the population register or in the person register;
(l) the insolvency administrator, expressed as a reference link to the population register or to the person register, or an indication of the name or, where applicable, the name, surname and address of the natural person or the name and address of the legal person, unless they are managed in the population register or in the person register,
(m) the forced administrator, expressed as a reference link to the population register or an indication of the name, names, surnames and residence, if not known in the population register, ';
Points (j) to (r) shall be renumbered as points (n) to (v).
43. In Paragraph 26 (2) (o), the words "or the address of the place of business of the natural person" shall be deleted and the words "(d) and (e)" shall be replaced by the words "(e) and (f)";
44. in Article 26 (2), the following point (q) is inserted after point (p):
"(q) establishment identification number, ';
Points (q) to (v) shall be renumbered (r) to (w).
45. in Article 26 (2) (t), "(d) and (e)" shall be replaced by "(e) and (f)";
46. in Paragraph 26 (2) (v):
"(v) interruption or suspension under another legislation; in the case of activities covered by a single agenda, the interruption of all such activities, ';
47. in Paragraph 26 (2), point (v) is replaced by the dot and point (w) is deleted;
48. in Article 26 (3), the following point (b) is inserted after point (a):
"(b) the identity number of the editor;"
Points (b) and (c) shall be renumbered (c) and (d).
49. In Article 26, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
"(e) a record of the use of data from the register of persons.";
50. Paragraph 26 (4) is deleted.
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
51. in Paragraph 26 (4), "(d) and (e)" shall be replaced by "(e) and (f)" and "(n)" shall be replaced by "(t)."
52.In Article 26 (5) (a) and (b), "k) and (m)" is replaced by "p) and (s)."
53.In Article 27 (1), the words "and identifiers' are deleted.
54. in Paragraph 27 (2), "(f) and (i)" shall be replaced by "(g), (h), (n) and (v)";
55. in Paragraph 28 (2):
"(2) The registry administrator shall provide the editors with the person identification number and the establishment identification number and shall be responsible for their accuracy. ';
56. In Paragraph 28, paragraphs 5 and 6 are added:
"(5) The registry administrator shall maintain an integrated agenda information system for the register of persons which serves to enter the reference data in the register of persons, with the agreement of the registry administrator, where appropriate, of persons to keep the data necessary for the performance of the agenda associated with the registration of entities entered in the register of persons to the extent provided for by other legislation.
(6) The registry administrator processes the data needed to carry out the tasks provided for by another legislation to the extent of the data referred to in Article 26. '
57. In Paragraph 29 (1) (c):
"(c) a building completed by a building incorporated in a cadastral property which is a separate item, or a building which is part of a property or part of a building right and the data relating to it are entered in the cadastral property for the property or for the right of construction, or another completed building which is not entered in the cadastral property but has been assigned a descriptive or registered number;"
58. in Paragraph 29 (1) (h), the words "or military retreat" shall be inserted after the words "the name of the municipality," the words "the name of the city district or district," shall be deleted and the words "and the name of the town district" shall be inserted after the words "the territory."
59. In Paragraph 31, the words "or one of them 'shall be added at the end of the text of paragraph 2.
60. In Paragraph 33 (1), the words "and the basic units of residence 'are deleted.
61. In Paragraph 33, at the end of paragraph 3, the words "the representation and description of the emblem or flag 'are added.
62. In Article 33, the following paragraph 5 is added:
"(5) A part of the municipality shall be given additional information on the basic territorial elements referred to in points (a) to (o) of Paragraph 31 (1) and the territorial registration unit."
63. In Section 34 (1) of the introductory part of the provision, the words "technical economic attributes of this object, by which they are" are replaced by the words "technical economic attribute month and year of completion." and points (a) to (l) are deleted.
64. In Paragraph 34, the following paragraph 2 is inserted after paragraph 1:
"(2) In addition, technical economic attributes are maintained on the building building with a descriptive or registered number.
(a) the number of flats at the building building with flats,
(b) the area installed in m2,
(c) occupied space in m3;
(d) floor area in m2;
(e) the number of floors above and below ground;
(f) the type of vertical structure;
(g) connection to the water duct,
(h) connection to the sewerage network;
(i) gas connection;
(j) the mode of heating; and
(k) lift equipment. ';
Paragraph 2 shall become paragraph 3.
65. In Article 34 (3), the words "to which a descriptive or registered number has been assigned" shall be inserted after the word "object."
66. in Paragraph 38 (1), the following point (d) is inserted after point (c):
"(d) details of the type and method of use of the building object,"
Points (d) and (e) shall be renumbered as points (e) and (f).
67. In the second sentence of Paragraph 38 (2), the words "and territorial units of records' shall be inserted after the words" elements'.
68. in Articles 41 and 42 (5), the words "registry administrator of the territorial identification register" shall be replaced by the words "competent cadastral office";
(69) In Article 43 (1) (a), the words "in electronic form, including the representation and description of the emblem or flag" shall be added at the end of the text of point 6.
770. in Paragraph 43 (1) (b), the words "communal communications" shall be replaced by the words "Ministry of Interior communications."
71. In Paragraph 43, the following paragraph 6 is added:
"(6) An additional indication of the date of origin shall be entered by the editor of this data, which is the administrator of the registry of territorial identification, on the basis of the legislation which established the basic territorial element or on the basis of the data on the origin of the basic territorial element or the territorial registration unit communicated by the competent administrative authority. ';
72. in Paragraph 44 (2), the words "If the address point is created at the same time as it is created" shall be replaced by the words "If the address point is created, changed or died at the same time as the point of origin, change or extinction."
Article 73 (46) shall be deleted;
74. In Article 48 (a), the words "which are exercised for the purpose of exercising public authority within the framework of their agenda" shall be replaced by the words "carried out under the agenda."
75. in Article 48 (b), "official" is replaced by "physical."
76. In Article 48, at the end of point (b), the dot is replaced by a comma and the following points (c) to (f) are added:
"(c) by an identifier of a public authority, a code which serves to clearly identify the public authority,
(d) the identifier of the private user of the data, the code which serves to clearly identify the private user of the data;
(e) categories, a group of public authorities or private users of data carrying out the same activities;
(f) by a public authority reporting the agenda for the purposes of its registration. "
77. In Paragraph 49, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The administrator of the registry of rights and obligations shall assign an identifier to a public authority and an identifier to a private data user. ';
78.Paragraph 50 (1) reads as follows:
"(1) In the Register of Rights and Obligations, data on:
(a) public authorities,
(b) personal data users;
(c) agendas,
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Regulation Information
| Citation | Act No. 192 / 2016 Coll., amending Act No. 111 / 2009 Coll., on Basic Registers, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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