Act No. 205 / 2019 Coll.
Act amending Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended, and Act No. 289 / 2005 Coll., on Military Intelligence, as amended
Valid
Law
Effective from 06.09.2019
Text versions:
06.09.2019
22.08.2019
205
THE LAW
of 25 July 2019
amending Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended, and Act No. 289 / 2005 Coll., on Military Intelligence, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on intelligence services of the Czech Republic
Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended by Act No. 118 / 1995 Coll., Act No. 362 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 290 / 2005 Coll., Act No. 530 / 2005 Coll., Act No. 80 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 250 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 325 / 2013 Coll., Act No. 218 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 204 / 2015 Coll., Act No. 219 / 2015 Coll., Act No. 51 / 2016 Coll., Act No. 251 / 2017 Coll., Act No. 325 and Act No. 325 / 2018 Coll.
1. In Paragraph 11, the sentence "The public authorities shall provide the requested assistance and information without undue delay and free of charge, unless otherwise provided for in specific legislation 'is added at the end of paragraph 1.
2. In the first sentence of Article 11 (2), the words "or of the Directorate-General for Customs' shall be inserted after the words" the General Financial Directorate 'and in the second sentence, the words "they may not comply with the request if' shall be replaced by" or the Directorate-General for Customs shall comply with the request unless'.
3. In Article 11 (5), the words "kept in registers, information systems and registers referred to in paragraphs 3 and 4 'are deleted.
4. Paragraph 11 (7) reads as follows:
"(7) Registration data protection means the evaluation of records of the provision and use of data and of access to information systems, including records containing non-public or non-accessible data; such records shall be provided from public administration information systems. In the case of records from the data box information system, data relating to the entry of the person authorised to access the data box into that data box and data relating to the data message shall not be provided. Where other information systems use data from public administration information systems, alerts shall also be provided on the costs of requesting intelligence services. Where technically possible, records shall be made available for data protection purposes in a way that allows remote access. ';
5. In Article 11, the following paragraph 8 is added:
"(8) The data evidently protected are:
(a) persons related to the performance of intelligence tasks, in particular:
1. members and staff of intelligence services,
2. persons acting for the benefit of the intelligence services,
3. persons of interest in the intelligence services; and
4. persons close to the persons referred to in points 1 to 3;
(b) relating to cover documents and means of cover; and
(c) relating to service vehicles. ';
6.Paragraph 11a (1) reads as follows:
"(1) The Intelligence Service may request in writing from:
(a) a bank or branch of a foreign bank (hereinafter referred to as "the bank") providing a report on matters relating to the bank's client which are the subject of bank secrecy;
(b) a savings and credit cooperative (hereinafter referred to as the "cooperative reserve") providing a report on the details of the member of the cooperative reserve and its transactions; or
(c) other persons who are entitled to provide payment services as a business, to provide a report on the user of the services provided to them and on its transactions. ";
7. In Paragraph 11a, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(2) The reporting service may also request in writing the provision of the report referred to in paragraph 1 in the future period.
(3) The provision of the report or the provision of the reports referred to in paragraph 1 or 2 may be requested only for the performance of a particular task within its competence and provided that the acquisition of the required data by other means would be ineffective, significantly difficult or impossible in the case in point.
(4) The reporting service may request that the report or reports referred to in paragraph 1 or 2 be requested by a bank, a cooperative reserve or any other person authorised to provide payment services as business, and transmitted to the reporting service by a public authority which, under a specific law, would be entitled to request such information; This does not apply to courts, prosecutors and the Financial Analysis Office. The request for a report shall be made in accordance with the procedure laid down in the first sentence by means of a means of cover under this law or under a special law governing the activities of the intelligence service. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 5 to 10.
8. in Article 11a (5), the words "2 or 4" shall be inserted after the words "1."
9. in § 11a (6), § 11a (7), first sentence, and in § 11a (8), first sentence, the words "to a member of a cooperative reserve or a user of a payment service" shall be inserted after the words "to a bank client."
(10) In Article 11a (8), the second sentence shall be replaced by the sentence "The Bank or the cooperative reserve which is required by a decision to provide a report or reports, or by a public authority to request a report from a bank or a cooperative reserve, together with a written request referred to in paragraph 1 or 2, shall only be presented in paper form, either as an original or a certified copy of the original7), and the bank, cooperative reserve office or public authority shall, for its internal purposes, retain a simple copy of that statement."
11. the following Article 11c is inserted after Article 11b:
(1) The Intelligence Service may process digital photographs and agent identifiers of natural persons obtained from:
(a) the information system for the registration of identity cards;
(b) the travel document registration information system;
(c) the information system for the registration of diplomatic and service passports;
(d) the register of drivers,
(e) a central register of drivers; and
(f) alien information system.
(2) The personal data referred to in paragraph 1 may be used by the intelligence service only to identify a particular person in the performance of a particular task within its competence.
(3) The information service shall regularly update the personal data referred to in paragraph 1. ';
12. in Article 12b (3) (c) and (d), the words "or a branch of a foreign bank" shall be deleted and after the words "the subject of banking secrecy" shall be inserted the words "the provision of the report by the cooperative reserve member and his transactions or the provision of the report by another person who is entitled to provide payment services such as business, the user of the services provided to him and his transactions."
13. in Article 18 (1), the words "and means of cover" shall be inserted after the words "cover documents."
14. Paragraph 18 (2) and (3) are deleted.
Paragraph 4 shall become paragraph 2.
15. After Paragraph 18, the following Sections 18a to 18c are inserted:
Covering documents
(1) A cover document for the purposes of this Act means a document for the purpose of concealing the true identity of a member of the Office of Foreign Relations and Information, or for the purpose of concealing his responsibility to the Office of Foreign Relations and Information, to cover up the activities of the Office of Foreign Relations and Information, or to cover up the premises of the Office of Foreign Relations and Information.
(2) The cover document must not include a Member's or Senator's card, a member of the Government, a member of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office, a judge of the Constitutional Court, a judicial or public prosecutor's card or a document of a living person.
(3) Where necessary, due to the nature of the cover document, the Office for Foreign Relations and Information may, to the extent necessary, process data in information systems maintained under specific legislation by inserting, amending or erasing data related to the cover document or blocking such data. Managers of public administration information systems and at the cost of the Office for Foreign Relations and Information shall also provide the necessary synergies in the processing of data from public administration information systems; in so doing, in such a way as not to disclose the activities of the Office for Foreign Relations and Information.
(4) The cover document shall be provided by the Office for Foreign Relations and Information or by the Ministry of Home Affairs at the discretion of the Director of the Office for Foreign Relations and Information.
(5) The Office for Foreign Relations and Information is issued by the Ministry of Interior.
(6) The Office for Foreign Relations and Information shall keep records of the covered documents.
Covering agents
(1) For the purposes of this Act, a cover-up means a matter which is not a document, a space or an activity to conceal the real identity of the person or activity of the Office for Foreign Relations and Information.
(2) The means of cover shall be provided or established by the Office for Foreign Relations and Information at the discretion of its Director.
(3) The Office for Foreign Relations and Information shall keep records of the means of cover provided and established.
The Ministry of the Interior shall, at the request of the Office for Foreign Relations and for its information, implement measures for the registration of data protection. '
Amendment to the Security Information Service Act
Act No. 154 / 1994 Coll., on the Security Information Service, as amended by Act No. 160 / 1995 Coll., Act No. 155 / 2000 Coll., Act No. 362 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 290 / 2005 Coll., Act No. 21 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 254 / 2012 Coll., Act No. 273 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 318 / 2015 Coll., Act No. 35 / 2018 Coll., is amended as follows:
1. In Paragraph 10 (4), the word "three 'is replaced by" 4'.
2. Paragraph 13 (1) and (2) reads as follows:
"(1) For the purposes of this Act, a cover-up document shall mean a document for the purpose of concealing the actual identity of a national or his / her responsibility to the Security Information Service, to cover up the activities of the Security Information Service or to cover up the Security Information Service objects.
(2) The cover document must not include the card of a Member or Senator, a member of the Government, a member of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office, a judge of the Constitutional Court, a service card of a judge or a public prosecutor or a document of a living person. "
3. In Article 13 (3), the second sentence is replaced by the following: "Managers of public administration information systems and at the cost of the Security Information Service shall also provide the managers of other information systems using data from public administration information systems with the necessary synergies in this processing; in so doing, they shall proceed in such a way as not to disclose the activities of the Security Information Service. ';
4. In Article 13 (4), the words "procuring and 'shall be inserted after the words" procuring and', the words "and the means of cover shall be issued, established or set up 'shall be deleted and the word" its' shall be inserted after the word "decision '.
5. In Paragraph 13 (5), the words "issued and established 'are replaced by the words" procured' and the words "and means of cover 'are deleted.
6. After Paragraph 13, the following Section 13a is inserted:
Covering agents
(1) A means of covering for the purposes of this Act is a matter which is not a document, a space or an activity to conceal the true identity of a person or the activities of the Security Information Service.
(2) The means of cover shall be provided or established by the Security Information Service at the discretion of its Director.
(3) The security information service shall keep records of the means of cover provided for and established. ';
7. in Article 19 (3) (e), the words "the provision by a savings and credit cooperative of information on its member and on its transactions or on the provision of a report by another person who is entitled to provide payment services such as business, the user of the service provided to it and its transactions," shall be inserted after the words "the subject of banking secrecy";
8. in Article 19 (3) (f), the words "the provision by a savings and credit cooperative of information on its member and on its transactions or on the provision of a report by another person authorised to provide payment services such as business, the user of the service provided to it and its transactions," shall be inserted after the words "the subject of a banking secret (10),";
Amendment to the Military Intelligence Act
Act No. 289 / 2005 Coll., on Military Intelligence, as amended by Act No. 274 / 2008 Coll., Act No. 254 / 2012 Coll., Act No. 273 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 250 / 2014 Coll., Act No. 47 / 2016 Coll. and Act No. 35 / 2018 Coll., is amended as follows:
1. In Paragraph 10 (3), "three 'is replaced by" 4' and "three 'is replaced by" 4'.
2. In Article 13 (1), the words "instrument or other instrument, as the case may be, 'shall be deleted and the words" or to conceal actual interests or' shall be replaced by the words', to conceal military intelligence or to conceal '.
3. Paragraph 13 (2) to (5) reads as follows:
"(2) The cover document shall not include the card of a Member or Senator, a member of the Government, a member of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office, a judge of the Constitutional Court, a service card of a judge or a prosecutor or a document of a living person.
(3) Where necessary due to the nature of the cover document, Military Intelligence shall be entitled to process data in information systems conducted under specific legislation to the extent necessary by insertion, modification or physical deletion of data related to the cover document or blocking of such data. Managers of public administration information systems and at the cost of Military Intelligence shall also provide the necessary synergies in the processing of other information systems using data from public administration information systems; in so doing, they shall proceed in such a way as not to disclose the activities of Military Intelligence.
(4) The cover document shall be provided by the Military Intelligence at the discretion of the Director.
(5) The cover document is issued by Military Intelligence; the issue of a cover document may also be provided for military intelligence by the Ministry of Defence, the Ministry of Interior or the Security Information Service. ';
4. In Paragraph 14 (1), the words "instrument or other 'are deleted.
5. In Article 22 (3), the words "the provision by a savings and credit cooperative of data on its member and on its transactions or on the provision of a report by another person authorised to provide payment services such as business, the user of the service provided to it and its transactions' shall be added at the end of the text of point (d).
6. in Article 22 (3) (e), the words "the provision by a savings and credit cooperative of data on its member and on its transactions or on the provision of a report by another person authorised to provide payment services such as business, the user of the service provided to it and its transactions" shall be inserted after the word "secret18";
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
z. Filip v. r.
Zeman v. r.
v. Schiller v. r.
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Regulation Information
| Citation | Act No. 205 / 2019 Coll., amending Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on Security Information Service, as amended, and Act No. 289 / 2005 Coll., on Military Intelligence, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2019 |
|---|---|
| Effective from | 06.09.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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