Act No 222 / 2015 Coll.
Act amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended
Valid
Law
Effective from 10.09.2015
Text versions:
10.09.2015
222
THE LAW
of 12 August 2015
amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 106 / 1999 Coll., on Freedom of 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. 227 / 2009 Coll., the Constitutional Court found, Decreated under Act No. 123 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 167 / 2012 Coll. and Act No. 181 / 2014 Coll., is amended as follows:
1. In Article 1, the words "the relevant European CommunitiesRegulation (1) 'are replaced by the words" the relevant European UnionRegulations (1)'.
Footnote 1:
"(1) Directive 2003 / 98 / EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information. Directive 2013 / 37 / EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003 / 98 / EC on the re-use of public sector information. '
2. In Article 3, paragraphs 7 to 10 are added:
"(7) For the purposes of this Act, a machine-readable format means a data file format with a structure that allows software to easily find, recognise and extract specific information from this data file, including individual data and its internal structure.
(8) For the purposes of this Act, an open format means a format of a data file which is not dependent on specific technical and software equipment and is made available to the public without any restriction which would make it impossible to use the information contained in the data file.
(9) An open formal standard for the purposes of this Act means a rule which has been issued in writing and includes specifications of requirements to ensure the ability of different software to provide services to each other and to cooperate effectively.
(10) For the purposes of this Act, metadata are data describing the context, content and structure of the recorded information and its management over time. '
3.
Provision of information
(1) Compulsory bodies shall provide information upon request or publication.
(2) Where the applicant is a compulsory body, he shall be provided with information under the same conditions as other applicants. ';
4. the following Sections 4a and 4b are inserted after Section 4, including the headings:
Provision of information on request
(1) Where information is provided on request, it shall be provided in formats and languages according to the content of the request for information, including the metadata relating thereto, unless otherwise provided by this law. The mandatory entity shall not be obliged to change the format or language of the information or to create metadata for information if such change or creation of metadata would be a disproportionate burden on the obliged entity; in this case, the obliged entity shall comply with the request by providing information in the format or language in which it was created. Where the information requested is part of a larger body and its exemption would be a disproportionate burden on the compulsory body, the compulsory body shall provide the whole in accordance with this law. Where possible, taking into account the nature of the request submitted and the manner in which the information is recorded, the compulsory body shall provide the information in electronic form.
(2) Where information is provided on request, it shall be provided in accordance with the content of the application, in particular:
(a) communication of information in electronic or paper form;
(b) providing a copy of the document containing the required information;
(c) by providing a data file containing the required information,
(d) by consultation of a document containing the required information,
(e) by sharing data through an information system interface; or
(f) by allowing remote access to information which is changed, renewed, supplemented or repeated over time or by regular transmission thereof.
(3) Where the method of providing the information referred to in paragraph 2 is not possible or would constitute a disproportionate burden on the obliged entity, the obliged entity shall comply with the application by providing information in another way enabling its effective use by the applicant.
Disclosure of information
The information provided by publication shall be provided in all formats and languages in which it was created; when such information is published in electronic form, one of these formats shall be open and, if possible, machine readable. Where possible and appropriate, the compulsory body shall publish, together with the information, the metadata relating thereto. The format and metadata should comply as far as possible with open formal standards. ';
5. In the second sentence of Article 5 (3), the words "Information provided in a non-electronic form 'are replaced by the words" Information provided in accordance with Article 4a (2) (e) and (f), information provided in a non-electronic form';
6. The heading of Section 6 reads "Reference to the published information."
7. In Article 6, at the end of paragraph 1, the words "in particular the link to the website where the information is located 'shall be added.
8. In Article 6, at the end of the text of paragraph 2, the words "this shall not apply if the request for information has been made electronically and if the information requested is published in a way that allows remote access and a reference to the website where the information is located has been communicated to the applicant '.
9. in Paragraph 11 (2) (b), the word "or" shall be deleted;
10. in Article 11 (2) (c), the word "copyright" shall be replaced by "copyright or copyright related rights (" copyright ")."
11. In Article 11, at the end of paragraph 2, the dot is replaced by "or 'and the following point (d) is added:
"(d) information relating to the stability of the financial system18).
18) § 2 of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended. "
12. In Section 11 (5) of the introductory part of the provision, the words "or rights related to copyright (hereinafter" copyright law ')' are deleted.
13. in Article 11 (5), point (c) is deleted;
Points (d) and (e) shall be renumbered (c) and (d).
14. in Article 11 (5) (d), including footnote 19:
"(d) cultural institutions managing public funds, such as thetheatres, orchestras and other artistic ensembles, with the exception of libraries providing public library and information services under the Library Act 2a) and museums and galleries providing standardised public services19).
19) Act No. 122 / 2000 Coll., on the protection of collections of museum character and on the amendment of certain other laws, as amended. '
15. in Article 14a (1), the words "listed in" shall be replaced by the words "exempt from the obligation to provide information under."
16. in Paragraph 14a (4):
"(4) A compulsory body may grant an exclusive licence only if the exclusive licence for further dissemination of the information provided is necessary and is in the public interest. Where the compulsory body grants an exclusive licence in accordance with the first sentence, it shall review at least every 3 years the reasons on which the exclusive licence was granted; This does not apply in the case of the granting of an exclusive licence for the digitisation of a cultural resource, where the compulsory body examines the duration of the reasons on the basis of which the exclusive licence was granted in the eleventh year of the duration and, where applicable, every 7 years thereafter. In the case of the grant of an exclusive licence for the digitisation of cultural resources, a copy of the digital reproduction of cultural resources shall be provided free of charge to the compulsory body, which may be granted under this Act after the expiry of the exclusive licence. '
17. In Article 15, at the end of paragraph 2, the sentence "The first sentence shall not apply to libraries providing public library and information services under the Librarian Law 2a) and to museums and galleries providing standardised public services19)."
18. In Article 17, the sentence "The notification must include an instruction on the possibility of lodging a complaint against the requirement to pay the costs of providing information pursuant to Article 16a (1) (d), which shows the time limit within which the complaint may be lodged, the date on which that period is calculated, the competent authority deciding on it and the compulsory body to which it is lodged."
Transitional provisions
1. The request for information submitted before the date of entry into force of this Act is dealt with in accordance with Act No. 106 / 1999 Coll., as effective before the date of entry into force of this Act.
2. The obligation to publish information pursuant to Act No. 106 / 1999 Coll., as effective from the date of entry into force of this Act, does not apply to information which was published before the date of entry into force of this Act.
3. Licensing or sublicensing agreement under which an exclusive licence has been granted concerning the provision of information pursuant to Act No. 106 / 1999 Coll., as effective before the date of entry into force of this Act, and which is in force on 17 July 2013, shall cease to be effective at the end of the negotiated period but no later than 18 July 2043. The first sentence shall not apply if it is a licensing or sublicensing agreement concerning the digitisation of cultural resources.
Efficacy
This Act shall take effect on the day of its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 222 / 2015 Coll., amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2015 |
|---|---|
| Effective from | 10.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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