Act No. 197 / 2009 Coll.
Act on the certification of public documents with biometric data and on the amendment of certain laws
Valid
Law
Effective from 29.06.2009
Text versions:
01.05.2011
29.06.2009
Contents
197
THE LAW
of 28 May 2009
on certification of public documents with biometric data and amending certain laws
Parliament has decided on this law of the Czech Republic:
CERTIFICATION OF PUBLIC DOCUMENTS WITH BIOMETRIC DATA
Subject matter
This Act provides for certification of public documents with biometric data, following the directly applicable regulation of the European Community1) in order to verify the authenticity and integrity of such data and to protect them against unauthorised access.
Definition of terms
For the purposes of this Act:
(a) a public document bearing biometric data (hereinafter referred to as the "public document"), a public document containing a data medium bearing biometric data, specifying, where applicable, the name, surname, date of birth and any other information enabling the person submitting the document to be identified as his authorized holder;
(b) biometric indication of the facial image and fingerprint data processed in the data medium;
(c) a cryptographically secure data message that links the identification of a person with cryptographic data used to verify the authenticity and integrity of biometric data or the legitimacy of access to biometric data;
(d) an initial certificate issued on the basis of proof of compliance with the certification conditions;
(e) a subsequent certificate of certificate issued in a simplified manner on the basis of a valid initial certificate; a subsequent certificate means a certificate issued on the basis of a previous valid certificate,
(f) certification conditions of minimum safety requirements and credible procedures for issuing, providing or using a certificate;
(g) a certificate of authenticity verifying the authenticity and integrity of biometric data;
(h) a certificate of access to the biometric fingerprint data of the hands;
(i) a public identification document with a contact chip (hereinafter referred to as the "contact chip document"), a public document containing an electronic contact chip containing the name or, where applicable, the name, surname, date of birth and any other information enabling the person submitting the public document to be identified as its authorised holder;
(j) a certificate of authenticity of the data by verifying the authenticity and integrity of data entered on the contact chip on the basis of the authenticity checks;
(k) a certificate of approval of the control authority, a certificate enabling the control authority to access the data stored on the contact chip to the extent specified;
(l) the authenticity checks of the security data stored on the contact chip, enabling the authenticity and integrity of the specified range of data stored on the contact chip to be verified using the data authentication certificate.
Scope
(1) Ministry of Interior ("Ministry")
(a) issue and invalidate a certificate of authenticity;
(b) issue an access certificate;
(c) requests the competent authority of another State to provide a certificate of authenticity and a certificate of access to a public document issued by that State;
(d) verify the application for the issue of the access certificate referred to in paragraph 2 (a), if it is for the initial certificate;
(e) keeps a list of issued and invalidated certificates of authenticity and issued certificates of access;
(f) keep a list of certificates of authenticity and of certificates of access to public documents issued by other States and provide the data from that list to the administrative authority referred to in Article 4 (a) and Article 6 (1) (a);
(g) establish certification conditions;
(h) issue and invalidate the certificate of authenticity of the data for the contact chip documents;
(i) issue the certificate of approval of the control authority for the contact chip documents;
(j) keep a list of the issued and invalidated certificates of authenticity of the data for the contact chip documents and a list of the certificates issued by the supervisory authority for the contact chip documents.
(2) Police of the Czech Republic (hereinafter referred to as "police") to the extent necessary for the performance of their duties (2) and under the conditions laid down by this Act, directly applicable by the European Communities1) or by an international treaty to which the Czech Republic is bound,
(a) requests the competent authority of another State to issue a certificate of access to a public document issued by that State;
(b) the Ministry requests, on the basis of Articles 4 (a) and 6 (1) (a), to provide or issue a certificate of authenticity and an access certificate;
(c) keeps a list of certificates of authenticity received and certificates of access;
(d) use certificates of authenticity and access to identify the holder of a public document;
(e) requests the Ministry to issue a certificate of authenticity check;
(f) creates check data for authenticity to data which it is entitled to write on the contact chip;
(g) use data authentication certificates and authentication checks to verify the authenticity and integrity of the specified range of data stored on the contact chip;
(h) requests the Ministry to issue certificates to the supervisory authority;
(i) issue certificates of an approval authority based on certificates of an approval authority issued by the Ministry;
(j) use the certificates of the supervisory authority's approval to access the specified range of data stored on the contact chip.
(3) The Ministry of Foreign Affairs ensures transmission
(a) a request from the police or the Ministry to issue an initial access certificate to the competent authority of another State;
(b) an initial access certificate issued by a competent authority of another State to the police or the Ministry;
(c) a request from the competent authority of another State to issue an initial certificate of access to the Ministry;
(d) the initial certificate of access issued by the Ministry to the competent authority of another State;
(e) the initial certificate of authenticity to the Ministry or competent authority of another State.
Certificate of authenticity
Ministry provides certificate of authenticity
(a) an administrative authority which, under the conditions laid down by other legislationm3, can verify the authenticity and integrity of biometric data in a public document;
(b) to the competent authority of another State.
Data authentication certificate
(1) The Ministry shall provide a certificate of authenticity to the administrative authority, which may verify the authenticity and integrity of the data stored on the contact chip under conditions laid down by other legislation.
(2) The Ministry shall issue an initial certificate of verification of the authenticity of the data to the police if it fulfils the certification conditions.
(3) Upon presentation of a valid initial certificate of authenticity of the data or of a previous valid certificate of authenticity of the data, the Ministry shall issue to the police subsequent certificates of authenticity of the data, provided that it still complies with the certification conditions.
(1) The Ministry shall issue the initial certificate of authenticity to the manufacturer of the public document if it complies with the certification conditions of § 3 (1) (g).
(2) Upon presentation of a valid initial certificate or a previous valid certificate, the Ministry shall issue subsequent certificates to the public document manufacturer if it continues to comply with the certification conditions referred to in Article 3 (1) (g).
(3) The manufacturer of a public document to which an initial certificate of authenticity has been issued shall, upon request, demonstrate to the Ministry compliance with the certification conditions referred to in Article 3 (1) (g).
Access certificate
(1) The Ministry issues the initial access certificate
(a) an administrative authority which may access biometric data under conditions laid down by other legislationm3;
(b) the body of another Member State of the European Union pursuant to the directly applicable regulation of the European Communities (1);
(c) a third-State body, where provided for in the international treaty to which the Czech Republic is bound,
(d) the manufacturer of a public document to verify its functionality.
(2) Upon presentation of a valid initial certificate or a previous valid certificate, the Ministry shall issue subsequent certificates to the authorities and persons referred to in paragraph 1.
Certificate of approval of the control authority
(1) The Ministry shall issue an initial certificate of approval to the supervisory authority which may, under the conditions laid down by other legislation, access the specified range of data stored on the contact chip.
(2) The Ministry shall issue subsequent certificates to the authorities referred to in paragraph 1 on presentation of a valid initial certificate of approval of the supervisory authority or a previous valid certificate of approval of the supervisory authority.
Validation of the certificate
(1) The Ministry shall invalidate certificates of authenticity issued by the manufacturer of a public document if the manufacturer of a public document or the manufacturer of a public document seriously infringes the certification conditions referred to in Article 3 (1) (g). Where the procedure laid down in the sentence of the first invalidity of the certificate of authenticity of a public document already issued is required, the holder shall be entitled to issue a new public document.
(2) The Ministry shall transmit to the bodies referred to in Section 4 a list of invalidated certificates of authenticity.
Invalidity of the data validation certificate
(1) The Ministry shall invalidate the certificates issued for checking the validity of the data at the request of the police or for other important reasons specified in the certification rules.
(2) The Ministry shall transmit to the authorities referred to in Articles 4a (1) and 6a (1) lists of invalidated certificates of the validity of data.
Amendment of the Administrative Charges Act
Act No. 634 / 2004 Coll., as amended by Act No. 217 / 2005 Coll., Act No. 228 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 136 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 179 / 2006 Coll.
1. In Part IX, under heading 115, in the provision "No charge ', the words" or whose certificates of authenticity have been invalidated' shall be added at the end of the text of point 1.
2. In Part XII, under heading 157, in the provision "No charge ', the words" or whose certificate of authenticity has been invalidated' shall be added at the end of the text of point 1.
Amendment of the Asylum Act
In the first sentence of Section 61 (3) of Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, as amended, as amended, as amended by Act No. 136 / 2006 Coll., the words "under 6 years of age if the directly applicable legislation of the European Community9f does not provide for a different age limit or asylum" are replaced by the words "In the data carrier, the data carrier is indicated in this case that the data carrier does not contain the fingerprints of the applicant's hands."
footnote 9f:
"(f) Council Regulation (EC) No 2252 / 2004 of 13 December 2004 on standards for security and biometric features in passports and travel documents issued by Member States, as amended. ';
Amendment of the Act on the residence of foreigners in the Czech Republic
In Paragraph 113 (2) of the First Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 136 / 2006 Coll., the words "less than 6 years of age if the directly applicable legislation of the European Community15f) does not provide for a different age limit or foreigners' are inserted after the words" The data carrier is indicated in this case that the data carrier does not contain fingerprints of the alien's hands'.
Footnote 15f reads:
"(15f) Council Regulation (EC) No 2252 / 2004 of 13 December 2004 on standards for security and biometric features in passports and travel documents issued by Member States, as amended. ';
Amendment to the Travel Documents Act
Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), as amended, Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 106 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 140 / 2008 Coll., Act No. 274 / 2008 Coll., and Act No. 41 / 2009 Coll., is amended as follows:
1. footnote 2c shall read:
"(2c) Council Regulation (EC) No 2252 / 2004, as amended. ';
2. In the first sentence of Article 5 (4), the words "less than 6 years of age, unless directly applicable legislation of the European Communities (2) provides for a different age limit or citizen 'shall be inserted after the word" Citizens'.
3. In Paragraph 5 (4), the second sentence is replaced by the following: "In this case, the data carrier shall indicate that the data carrier does not contain the fingerprints of the citizen's hands."
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Fischer v. r.
1) Council Regulation (EC) No 2252 / 2004 of 13 December 2004 on standards for security and biometric features in passports and travel documents issued by Member States, as amended.
2) For example Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
3) For example, Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), as amended.
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Regulation Information
| Citation | Act No. 197 / 2009 Coll., on the certification of public documents with biometric data and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2009 |
|---|---|
| Effective from | 29.06.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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