Act No. 219 / 2015 Coll.
Act amending Act No. 153 / 1994 Coll., on News Services of the Czech Republic, as amended, and some other laws
Valid
Law
Effective from 25.09.2015
Text versions:
25.09.2015
10.09.2015
219
THE LAW
of 12 August 2015
amending Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, and certain other laws
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 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. 170 / 2013 Coll., Act No. 218 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 64 / 2014 Coll., Act No. 458 / 2011 Coll., Act No. 254 / 2012 Coll., Act No. 170 / 2013 Coll., Act No. 186 / 2013 Coll., Act No. 64 / 2014 Coll., is amended as follows:
1. The heading "Provision of information to intelligence services' is inserted above the designation of Section 11.
2. the heading of Section 11 shall be deleted;
3. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) Reporting services shall be entitled to require from the Directorate-General for Finance to provide information obtained during tax administration. The Directorate-General for Finance may not comply with the request if the provision of information could undermine the proper administration of taxes. The provision of information under this provision is not a breach of the obligation of secrecy under the tax rules; the use of this information by intelligence services under this Act is not a breach of this confidentiality. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
4. In Article 11 (5), "2 and 3 'is replaced by" 3 and 4';
5. In Article 11, the following paragraph 7 is added:
"(7) Registration data protection means the evaluation of records of the provision and use of data. The evidently protected data are data on persons related to the performance of intelligence tasks, in particular on:
(a) members and employees of intelligence services;
(b) persons acting for the benefit of the intelligence services;
(c) persons of interest to the intelligence services;
(d) persons close to the persons referred to in points (a) to (c).
The evidenced data shall be data relating to the means or documents used under this or other legislation to conceal or obscure the true identity of the person, responsibility for intelligence services, activities or actual interests of the intelligence services and data relating to service vehicles. ';
6. in Paragraph 11a (1), the words "in the field of the suppression of terrorist financing (6) ', including footnote 6, and the words" and branches of foreign banks' shall be replaced by the words "including foreign banks and from savings and credit cooperatives (hereinafter referred to as" the Bank ')';
7. In Article 11a (3), the words "or branches of a foreign bank on the basis of which such a client can be clearly identified (hereinafter referred to as" basic identification data ") 'are deleted.
8. in Article 11a (4) and (5), the words "concerning a bank client" shall be inserted after the words "particulars."
9. in Article 11a (5), the words "or a branch of a foreign bank" shall be deleted;
10. the following Article 11b is inserted after Article 11a:
Reporting services shall be entitled to require the legal or natural person providing a publicly available telephone service from the database of all its participants to the extent necessary for the performance of a particular task within its competence. ';
11. In Article 12, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The reporting services shall also provide an indication of the number of cases of disclosure referred to in Articles 11 (2) and 11 (a) in which the intelligence services are active in the context of the report on their activities referred to in Article 8 (1), indicating the different areas of competence of the intelligence services. ';
12. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Government shall once a year provide the competent authority with information on the number of cases of disclosure pursuant to Articles 11 (2) and 11 (a) in which the intelligence services are active, indicating the different fields of competence of the intelligence services. ';
Amendment to the Banking Act
In Article 38 (3) (j) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 254 / 2012 Coll., the words "in the field of the suppression of terrorist financing ', including footnote 26, are deleted and the words" this other legislation' are replaced by the words "the Act governing the activities of the intelligence services of the Czech Republic '.
Amendment of the Act on savings and credit cooperatives
In Article 25b (3) of Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Taxes, as amended, as amended, as amended by Act No. 57 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 254 / 2008 Coll., Act No. 73 / 2011 Coll. and Act No. 458 / 2011 Coll., the dot is replaced by a comma at the end of point (i) and the following point (j) is added:
"(j) intelligence services for the purpose of carrying out a specific task under its jurisdiction under the Act governing the activities of the intelligence services of the Czech Republic with the consent of the judge; the provisions of the Act governing the activities of the intelligence services of the Czech Republic shall apply to the request of the report. ';
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 219 / 2015 Coll., amending Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2015 |
|---|---|
| Effective from | 25.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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