Act No. 197 / 2024 Coll.
Act amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended, Act No. 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, as amended, and Act No. 106 / 1999 Coll., on free access to information, as amended
Valid
Effective from 01.07.2024
Text versions:
01.07.2024
27.06.2024
197
THE LAW
of 19 June 2024
amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended, Act No. 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, as amended, and Act No. 106 / 1999 Coll., on free access to information, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Archiving Act and File Service
Act No. 499 / 2004 Coll., Act No. 112 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 190 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 284 / 2014 Coll., Act No. 424 / 2010 Coll., Act No. 89 / 2012 Coll., Act No. 183 / 2017 Coll., Act No. 205 / 2017 Coll., Act No. 110 / 2019 Coll.
1. In Article 3 (2), the words ", Czech Press Office 'shall be added at the end of the text (b).
2. The following Section 3a is inserted after Section 3:
(1) The management of an information system which is not an electronic file service system used by the public authority ensures that the information system allows the storage of information in accordance with Article 3 (5). In the case of information for which permanent shredding consent has not been issued pursuant to Article 15 (4), the information system administrator shall ensure, according to the first sentence, that the system allows the selection of archival sites outside the shredding process. The information system referred to in the first sentence shall not be subject to the requirements laid down in this Act for electronic file service systems.
(2) The procedures, output data formats and the scope and form of metadata for the selection of archives referred to in paragraph 1 shall be established by the National Archive and published on its website. "
3. In Article 35, the following paragraph 4 is added:
"(4) The national archive shall be entitled to process the data referred to in paragraphs 1 and 2 for other archives and to facilitate the electronic submission of the request for consultation in a way that allows remote access. The service archive using the first sentence shall be entitled to process data processed by the national archive using the first sentence. ';
4. The following Section 41a is inserted after Section 41:
The provisions of this Act relating to the acquisition of a replica of archival in digital form shall apply mutatis mutandis to the acquisition of a copy of archival in digital form, with the exception of the provisions on confirmation of conformity. '.
5. In Article 53 (1), the words "the Office of the President of the Republic 'shall be inserted after the word" security'.
6. In Article 63 (3), the last sentence is replaced by the sentence "The provisions of the second sentence shall not apply to the electronic file service system which is part of the information system for the management of classified information34) and the electronic file service system used by municipalities not referred to in paragraph 1, schools, the organisational components of municipalities not referred to in paragraph 1 and legal persons established or established by municipalities not referred to in paragraph 1. ';
7. In Paragraph 63 (4), the words "electronic systems' are replaced by the words" electronic systems'.
8. In Article 64 (2), the words "containing an incorrect data format or computer program capable of causing damage to the computer techniques of the designated originator and documents' are deleted.
9. In Paragraph 64, paragraphs 8 and 9 are added:
"(8) The designated originator, who is not a public authority under the law governing the basic registers, is entitled to use data from the basic population register to the extent that:
(a) the name and, where appropriate, the name and surname;
(b) the address of the place of stay and, where appropriate, the address to which the documents are to be served under another legislation;
(c) the date, place and district of birth and the date, place and state of birth of the data subject who was born abroad;
(d) the date of death;
(e) the numbers and types of identification documents and their expiry date; and
(f) the type of data box and the identifier of the data box.
(9) The designated originator, who is a public authority under the law governing the basic registers, is entitled to use data from the public administration information systems to the extent that it is determined in accordance with the procedure laid down in the law governing the basic registers for the purpose of maintaining the name register. ';
10. The following Section 64b is inserted after Section 64a, including the title:
Treatment of documents marked "LIMITED ACCESS"
(1) The defence document is referred to as "LIMITED ACCESS" if:
(a) has been provided to the Czech Republic by a Member State of the Organisation of the North Atlantic Treaty, of the European Union or of another State with which the Czech Republic is cooperating in the exchange of information in the field of defence (the State of the originator),
(b) in accordance with the law of the State of the originator, it shall be made available only to the person who needs it for the performance of his duties for work or other similar activities; and
(c) in accordance with the law of the State of the originator, it shall bear the designation in the Government Order.
(2) A document marked "LIMITED ACCESS" may only be accessible to the person who needs it to perform his duties for work or other similar defence activities. Any other person may be provided with the consent of the originator State and under the conditions laid down therein.
(3) A document marked "LIMITED ACCESS" is treated in such a way that it is not known to an unauthorised person.
(4) The Government shall, by regulation, designate the originators and the names of their documents referred to in paragraph 1 (c). "
11. in Article 69a, the following paragraphs 5 to 7 are added:
"(5) Where a public authority draws up a digital document containing text in the information system, the document shall provide machine-readable text and metadata in machine-readable format (hereinafter" machine-readable layer ') corresponding to the content of the document in the output data format, in accordance with the scheme published in accordance with paragraph 7. This does not apply where the document is intended only for communication between information systems.
(6) The public authority shall automatically process the metadata contained in the machine-readable layer contained in the document delivered, including the data message in which the document is contained, in the information system, unless the technical means of reading the machine-readable layer prove not to allow it.
(7) The diagram for the machine-readable layer is published by the Digital and Information Agency on its website. "
12. in Paragraph 69d (2):
"(2) If, during the period of validity and test, the requirements of this Act, the Decree pursuant to Paragraph 70 (1) or the national standard, continue to apply. If, during the period of validity and test, the electronic file service system is changed, and the test continues to apply, if the person who ordered the attestations is notified by the Ministry and the test centre that issued the test, the changes to the electronic file service system, while declaring that the electronic file service system still complies with the requirements of this law, the Decree pursuant to Paragraph 70 (1) and the national standard. '
13. in Article 69d (3), the words "the first sentence" shall be inserted after the words "paragraph 2."
14. In § 69e, the current text becomes paragraph 1, after the word "originators', the words" except for municipalities not referred to in § 63 (1), schools, organisational units of municipalities not referred to in § 63 (1) and legal entities established or established by municipalities not referred to in § 63 (1) 'and the following paragraph 2 is added:
"(2) Paragraph 1 shall not apply to an electronic file service system which is part of the information system for the management of classified information34). ';
Transitional provisions
1. Paragraph 69e of Act No. 499 / 2004 Coll., as amended by Act No. 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, and as amended by that Act, shall not apply until 30 June 2025.
2. Paragraph 63 (3) and (4) of Act No. 499 / 2004 Coll., as amended by Act No. 261 / 2021 Coll. and as amended by that Act, shall apply from 1 January 2027. Paragraph 63 (3) and (4) of Act No. 499 / 2004 Coll., as amended on 31 January 2022, shall apply until 31 December 2026.
3. Paragraph 3a of Act No. 499 / 2004 Coll., as effective from the date of entry into force of the Act, shall apply to the information systems referred to in § 3a of Act No. 499 / 2004 Coll., as effective from the date of entry into force of the Act, which became operational after 31 December 2024.
4. The Digital and Information Agency shall publish a scheme pursuant to § 69a (7) of Act No. 499 / 2004 Coll., as effective from the date of entry into force of the Act, until 30 June 2024. In accordance with Section 69a (5) and (6) of Act No. 499 / 2004 Coll., as effective from the date of the entry into force of this Act, information systems put into service after 31 December 2025 shall be operated as from 1 January 2026 and for other information systems as from 1 January 2027.
Amendment of the law amending certain laws in connection with further electronic procedures of public authorities
Act No. 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, as amended by Act No. 270 / 2021 Coll., Act No. 283 / 2021 Coll., Act No. 89 / 2022 Coll., Act No. 457 / 2022 Coll., Act No. 271 / 2023 Coll. and Act No. 90 / 2024 Coll., is amended as follows:
1. In point 3 of Article CXXII, "§ 69e and 'is deleted," 21 to' is replaced by "22 and '," 1 July 2024' is replaced by "1 July 2025 'and" 30 June 2024' is replaced by "30 June 2025 '.
2. In point 4 of Article CXXII, the words "Paragraph 63 (3) and (4) 'and the words" 7 to 9' are deleted, the number "2026 'is replaced by" 2027' and the number "2025 'is replaced by" 2026'.
Amendment to the Freedom of Information Act
Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 101 / 2000 Coll., Act No. 159 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 413 / 2005 Coll., Act No. 61 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 254 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 111 / 2019 Coll., Act No. 12 / 2009 Coll., Act No. 221 / 2015 Coll., Act No. 238 / 2016 Coll., Act No. 301 / 2016 Coll., Act No. 368 / 2016 Coll., Act No. 167 / 2012 Coll., Act No. 181.
1. In Article 11 (2) (c), the word "or 'is deleted.
2. In Paragraph 11 (2), at the end of point (d), the dot is replaced by "or 'and the following point (e) is added:
"(e) the information provided by a Member State of the North Atlantic Treaty Organisation, the European Union or another State with which the Czech Republic is cooperating in the exchange of information in the field of defence in that State protected in the interests of defence, protected in the Czech Republic under the conditions laid down in a specific legislation by the term" LIMITED ACCESS "23), unless the originator State has given its consent.
23) § 64b of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 197 / 2024 Coll. '
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 197 / 2024 Coll., amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended, Act No. 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, as amended, and Act No. 106 / 1999 Coll., on free access to information, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 576
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