Act No. 241 / 2022 Coll.
Act amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 123 / 1998 Coll., on the Right to Information on the Environment, as amended, and Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation from Public Funds and on the Amendment of Certain Related Acts (Act on the Promotion of Research, Experimental Development and Innovation), as amended
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Effective from 01.09.2022
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241
THE LAW
of 10 August 2022
amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 123 / 1998 Coll., on the Right to Information on the Environment, as amended, and Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation by Public Resources and on the Amendment of Certain Related Acts (Act on the Promotion of Research, Experimental Development and Innovation), as amended
Parliament has decided on this law of the Czech Republic:
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 / 2014 Coll., Act No. 227 / 2009 Coll., Act No. 222 / 2015 Coll., Act No. 298 / 2016 Coll., Act No. 301 / 2011 Coll., Act No. 368 / 2016 Coll., Act No. 205 / 2017 Coll.
1. footnote 1 shall read:
"(1) Directive (EU) 2019 / 1024 of the European Parliament and of the Council of 20 June 2019 on open data and the reuse of public sector information.";
2. In Article 2, the following paragraph 5 is added:
"(5) Under this Act, professional self-governing chambers provide only information relating to the performance of the public administration entrusted to them by law. '
3. The following Section 2a and 2b are inserted after Section 2, including the headings and footnotes No 21:
Public enterprise
(1) The compulsory body is a public undertaking which, for the purposes of this Act, means a legal person who is not a compulsory entity pursuant to Article 2 (1), and
(a) which
1. carries out the relevant activity under the Public Procurement Act (21);
2. acts as a public service provider pursuant to Article 2 of Regulation (EC) No 1370 / 2007 of the European Parliament and of the Council on public passenger transport services by rail and road and repealing Council Regulations (EEC) No 1191 / 69 and (EEC) No 1107 / 70;
3. act as an air carrier fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008 / 2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community; or
4. Acting as the owner of a ship carrying out public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577 / 92 on the application of the principle of freedom to provide services in maritime transport in the Member States (maritime cabotage), and
(b) in which the compulsory body referred to in Article 2 (1) may exercise, directly or indirectly, a dominant influence on the basis of an interest in that legal person or the rules governing it.
(2) It is considered that the condition of dominant influence is met where the compulsory body referred to in Article 2 (1) directly or indirectly:
(a) holds a majority interest in the subscribed capital of a public undertaking;
(b) has the majority of the voting rights resulting from a holding in a public undertaking; or
(c) may appoint more than half of the members of the administrative, management or supervisory body of a public undertaking.
Provision of competition information
(1) The obligation to provide information does not concern information on the activities of a public undertaking and a public institution which is a commercial company or a national undertaking where such activities
(a) are carried out in the ordinary course of trade within the scope of the activity or business of a public undertaking or a public institution incorporated in a public register; or
(b) have a commercial or industrial character and the provision of information would put the public undertaking or public institution at a disadvantage on the relevant market.
(2) Paragraph 1 shall not apply as regards the activities referred to in Article 2a (1) (a).
21) Sections 153 and 154 of Act No. 134 / 2016 Coll., on Public Procurement. '
4. In Article 3, paragraphs 7 to 11 are deleted.
5. The following Section 3a is inserted after Section 3, including the title:
Other terms
(1) For the purposes of this Act, a machine-readable format means a format of a data file 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.
(2) 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.
(3) 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.
(4) For the purposes of this Act, metadata shall mean data describing the context, content and structure of the information recorded and its management over time.
(5) For the purposes of this Act, open data shall mean information published in a way that allows remote access in an open and machine-readable format, the method and purpose of which is not a compulsory body which publishes it, limited and registered in the national catalogue of open data.
(6) Dynamic data for the purposes of this Act means information in electronic form which is subject to continuous real-time update or update, in particular because of their significant variability or rapid ageing.
(7) For the purposes of this Act, the application programming interface shall mean a set of functions and processes enabling the creation of applications that accede to the functions or data of the operating system, database, application or other electronic services. ';
6. In the first sentence of Paragraph 4a (1), the words "under conditions which are objective, proportionate, non-discriminatory, non-exclusive and do not restrict the method and purpose of subsequent use of the information provided (hereinafter referred to as" standard conditions of use ") and 'shall be inserted after the words" provided'.
7. in Paragraph 4a (2) (e), the words "information system" are replaced by the words "for programming applications."
8. In the first sentence of § 4b, the words "under standard conditions of use a 'shall be inserted after the word" provides'.
9. In the last sentence of Paragraph 4b, the words "should as much as possible 'are replaced by the words" must'.
10. The title of § 4c reads:
"Open data log."
11. in § 4c, the following paragraph 1 is added:
"(1) Obligatory entities shall record information which is required to be published as open data in the national open data catalogue. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
12. In Paragraph 4c, the words "and other information published in a way that allows remote access, in particular by the interface for programming applications and information on products and services that use open data and other information, shall be added at the end of the text of paragraph 2. The information contained in the national open data catalogue shall be provided in a way that allows remote access as open data '.
13. in Article 5 (1), the words "or reference to data published in accordance with the procedure laid down in Article 18 (2) in the central register of annual reports in the field of information provision (hereinafter referred to as the" central register ")" shall be added at the end of the text of point (f).
14. in Article 5 (1) (g), the words "provided under Article 14a" shall be replaced by the words "or a licence (hereinafter referred to as" licence ") granted under Article 14b";
15. in Article 5 (1) (h), the word 'resolution' is replaced by 'decision';
16. in Article 5 (2) (a), the words "contracts under Article 14a" shall be replaced by "or sublicensing contracts (hereinafter referred to as" licence agreements ") under Article 14b";
17. In Article 5, the sentence "The information provided or accompanying must be published for at least 6 years shall be added at the end of paragraph 3. ';
18. in the last sentence of Paragraph 5 (4), "(a) and (c)" shall be replaced by "(b)."
19. In Paragraph 5a, the following paragraph 3 is inserted after paragraph 2:
"(3) Compulsory entities shall publish dynamic data which are not contained in registers and whose provision is not legally restricted in a way that allows remote access, in particular through the interface for programming applications as open data, immediately after their assembly. Where the publication of dynamic data under the first sentence would be unduly burdensome for the obliged entity, it shall publish dynamic data without undue delay in such a way as to avoid undue disruption to their usability. ';
Paragraph 3 shall become paragraph 4.
20. After Paragraph 5a, the following Section 5b is inserted:
Publication of high-value data sets
The mandatory entity shall publish in machine-readable and open format on standard conditions of use, in particular through the application programming interface, as open data information, the list of which is provided for in the directly applicable European Union Regulation issued pursuant to Article 14 (1) of Directive (EU) 2019 / 1024 of the European Parliament and of the Council. Access and use of high-value data files shall be free of charge, unless the regulation directly applicable according to the first sentence provides otherwise. ';
21. The following Section 8c is inserted after Section 8b:
Information on natural persons' income
(1) The compulsory body shall provide information on the amount of income of a person who has provided or provides public funds having the character of income from dependent activities or functional benefits under the Income Tax Act.
(a) as:
1. to a public office subject to or subject to obligations under the conflict of interest law,
2. Advisers to the President of the Republic, a member of the Government, a Deputy Member of the Government or a Head of a Central Administrative Office not headed by a member of the Government; or
3rd member of his statutory, management, supervisory or supervisory body; or
(b) where the applicant demonstrates a public interest in providing information on the level of income of that person and the public interest in the individual case outweighs the interest in protecting that information.
(2) Information on the amount of income referred to in paragraph 1 shall be provided to the extent of the name, surname, functional, work or other similar classification and the amount of public funds to which the claim has been made, before tax and other compulsory contributions for the period according to the content of the application. Paragraph 5 (3) shall not apply when providing information under the first sentence. ';
22. in Article 11 (1), the word "or" shall be deleted at the end of point (d).
23. In Paragraph 11, the dot is replaced by a comma at the end of paragraph 1 and the following points (f) and (g) are added:
"(f) its provision significantly or directly endangers the protection of critical infrastructure (22); or
(g) has been created or acquired directly in connection with a judicial, arbitral, administrative or similar procedure, even before its initiation, and its provision may jeopardise the equality of the parties to the proceedings.
22) Article 2 of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended. '
24. the following Sections 11a and 11b are inserted after Section 11:
(1) A compulsory body may refuse an application, or part thereof, within seven days of the date of its adoption, provided that it can be concluded, in relation to it, that the aim of the applicant is to cause:
(a) pressure on the natural person to whom the requested information relates, unless the information referred to in Article 8a (2) is concerned; or
(b) the undue burden on the obliged entity; the submission of requests for information by a larger number of obliged entities without a clear context of the information required shall also be considered as causing undue burdens;
in response, as a general rule, to the previous procedure of the compulsory body towards the applicant or to the relationship with the natural person referred to in point (a).
(2) The extent of the information requested or the number of applications submitted is not without further justification for rejecting the application referred to in paragraph 1.
A compulsory body may refuse a request for information if it does not have the information required and if it is not legally obliged to do so; This shall not apply where the required information can be obtained by the obliged entity on the basis of simple operations from other information to be provided by the obliged entity in accordance with the procedure laid down in § 4a (1) third sentence. ';
25. in § 14 (5) (a) and (d) and in § 16a (1) (d), the text "§ 14a" is replaced by "§ 14b."
26. in Paragraph 14 (5) (d), the words "or specification" shall be inserted after the word "addition."
27. in Paragraph 14, paragraph 6 shall be deleted;
Paragraph 7 shall become paragraph 6.
28. In Paragraph 14 (6), the dot at the end of point (c) is replaced by "or 'and the following point (d) is added:
"(d) the necessity to allow the exercise of rights by persons who could be significantly affected by the provision of the information requested; This does not apply if:
1. a call for expression may be made to the person concerned in person or sent electronically no later than the fifth day following receipt of the request,
2. The invitation to the person concerned included a request for confirmation of service; and
3. no later than the third day following dispatch, the notification of the call to the person concerned has been demonstrated, in particular by confirming receipt of the call made for the submission of a request for information. ';
29. Paragraph 14a, including the title, reads:
Exclusive agreements
(1) The compulsory body may conclude with the applicant an exclusive information provision agreement ("the exclusive agreement") as a public contract where this is necessary in the public interest for the digitisation of cultural resources which are not protected by copyright or other intellectual property law. The compulsory body shall not, for the duration of the exclusive agreement, provide third parties with information provided under the exclusive agreement for the same purpose as in the exclusive agreement or provide digital reproduction resulting from the exclusive agreement.
(2) An exclusive agreement may be concluded for a maximum of 8 years. The duration of the exclusive agreement may be extended once for a maximum period of 5 years if the reasons on which it was concluded persist.
(3) The other Contracting Party to the exclusive agreement must provide the obliged entity, at the latest at the end of the exclusive agreement, free of charge, with a copy of the digital reproduction of the cultural resource that can be provided after the expiry of the exclusive agreement under this law.
(4) The conditions for providing information on the basis of an exclusive agreement shall allow further use of the information by the applicant in accordance with the request, unless otherwise provided by this law.
(5) The compulsory body shall publish an exclusive agreement and an agreement extending its duration in a manner that allows remote access, together with the reasons for their conclusion, at least 2 months before they become effective.
(6) The provisions of the exclusive agreements shall not apply to the protection of commercial secrecy. ';
30. The following Sections 14b and 14c are inserted after Section 14a, including the headings:
Certain provisions on the licensing contract in the provision of information
(1) Where information which is the subject of copyright law is to be provided on the basis of a licence agreement and property rights in respect of the subject-matter of copyright law is exercised by a compulsory body which is not exempt from the obligation to provide information pursuant to Article 11 (5), it shall be applied in matters not governed by this law under the Copyright Act (2b).
(2) The payment for the authorisation may not be higher than the payment provided for in Paragraph 17, unless otherwise provided for in the copyright or licence agreement between the obliged entity and the person who transferred the right to dispose of the subject of the copyright to the obliged entity.
(3) The conditions for the provision of information in the licence contract shall allow the applicant to continue to use the information in accordance with the application, unless otherwise provided by this law. Licences shall be granted as non-exclusive except in the cases referred to in paragraph 4.
(4) A compulsory body may grant an exclusive licence only if the information provided is necessary for the further dissemination and is in the public interest. An exclusive licence may be granted for a maximum period of 3 years; its duration may be renewed repeatedly for a maximum of 3 years if the reasons given in the first sentence persist. An exclusive licence for the digitisation of cultural resources may be granted for a maximum of 8 years; its duration may be extended once for a maximum period of 5 years if the reasons given in the first sentence persist. In the case of the granting of an exclusive licence for the digitisation of cultural resources, the other Contracting Party shall provide the compulsory body with a copy of the digital reproduction of cultural resources free of charge, which may be granted under this Act after the expiry of the exclusive licence. The compulsory body shall publish in such a way as to allow remote access provided by the exclusive licence and an agreement extending its duration, together with the reasons for granting or concluding it, at least 2 months before it becomes effective.
(5) The compulsory body shall publish, in a way that allows remote access, a model licence contract which the applicant may adapt to specific applications and use as a proposal to conclude a licence contract.
(6) The provisions of licensing agreements concluded under this Act shall not apply to the protection of commercial secrecy.
Special right of the customer of the database
Where information is to be provided which is the subject of a special right of the procuring entity of the database under the Copyright Act (2b) and the property rights to that right are exercised by the compulsory body referred to in § 2 (1) or § 2a, the compulsory body shall, when providing the information, renounce it, or provide information on the basis of a licence enabling the extraction and exploitation of the information provided to third parties without restricting the manner and purpose of subsequent use of the information. ';
31. in Article 15, the following paragraph 3 is added:
"(3) Where a compulsory body provides information by means of a copy of a document from which it has excluded only personal data or information which is a bank or commercial secret and which it has obtained in accordance with administrative, tax or control procedures, it may not issue a decision rejecting an application. If, in the application submitted or within 15 days of the date of receipt of the requested information, the applicant informs the obliged entity in the manner laid down by this law for the submission of a written request for information, that the applicant insists on a decision to refuse the application to the extent of defined personal data or banking or business secrets, the obliged entity shall issue it within the time limit for the processing of the application or within 15 days of the date of receipt of the communication from the applicant. ';
32. In Article 16, the following paragraph 4 is inserted after paragraph 3:
"(4) If it is not clear from the decision, from the file or from its own activity of the superior authority that the grounds for refusal of the application are there, the superior authority shall invite the compulsory body to complete the file on the information necessary for the procedure referred to in paragraph 5 within a specified period of time which may not exceed 10 days, in particular to state all the grounds for refusal of the application, including their reasons. This addition shall be communicated by the superior authority of the applicant and shall allow him to comment on the addition within 15 days of the date of receipt of the call. The period for the decision of appeal shall begin to run from the date on which the applicant's observations on the invitation were received to the superior authority and, if the applicant has not expressed his observations within the period referred to in the second sentence, from the date on which that period expired. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
33. In the third sentence of Article 16 (5), the word "first 'is replaced by" second, if not for the procedure laid down in Article 16b (2)'.
34. In Article 16 (6), at the end of the second sentence, the words "within a period which may not exceed 15 days from the date of service of the judgment of the debtor 'shall be added.
35. in Article 16a (1) (b), the words "or Article 14 (7)" shall be replaced by the words "or Article 14 (6) or Article 15 (3) or after the expiry of the period for processing the request for information set out in the decision referred to in paragraph 6 (b)."
36. in Article 16a (3) (b), "paragraph 7" is replaced by "paragraph 6."
37. In Article 16a, at the end of paragraph 3, the dot is replaced by "or 'and the following point (c) is added:
"(c) the expiry of the period for the decision referred to in Article 15 (3) or for the processing of the request for information provided for in the decision referred to in paragraph 6 (b).";
38. in Article 16a (5), the words "reduce payment" shall be inserted after the words "offer."
39. in Article 16a (6) (b) and (7) (b) and Article 16b (2), "paragraph 4" is replaced by "paragraph 5."
40. in Article 16a (6), the word "or" shall be deleted at the end of point (b);
41. In Paragraph 16a, at the end of paragraph 6, the dot is replaced by "or 'and the following point (d) is added:
"(d) refuse a complaint if it is filed late, premature or by an unauthorised person."
42. In Paragraph 16a, at the end of paragraph 7, the dot is replaced by "or 'and the following point (c) is added:
"(c) refuse a complaint if it is submitted late, premature or by an unauthorised person."
43. In the third sentence of Article 16a (9), the words "a superior body designated under the last administrative order or under Article 20 (5) of this Act 'shall be replaced by the words" as a superior body by a minister or head of another central administration or by the Office for the Protection of Personal Data'.
44. In Paragraph 18, the following paragraph 2 is inserted after paragraph 1:
"(2) The obligation to publish the annual report may be fulfilled by the publication of the data referred to in paragraph 1 within the time limit referred to in paragraph 1 by means of a central register. ';
Paragraph 2 shall become paragraph 3.
45. in Paragraph 18 (3), the words "and shall not proceed in accordance with paragraph 2" shall be inserted after the word "activities."
46. The following Section 18a is inserted after Section 18, including the title:
Central Register
(1) A central register is established as a public administration information system for the publication of annual reports pursuant to Paragraph 18. The Central Registry administrator is the Ministry of the Interior.
(2) The Central Register is open to the public in a manner which allows remote access free of charge and without limitation.
(3) The administrator of the central register is not responsible for the accuracy of the data in the central register of the entries. "
47. in Article 20 (4) of the final part of the provision, the words "the provisions on the calculation of time limits" shall be inserted after the words "the administrative authorities."
48. In Article 20, the following paragraph 7 is added:
"(7) Parts of the file containing the information which is the subject of the application and which have not yet been provided shall be excluded from the inspection of the file and documents and larger sets of information from which the requested information cannot be easily dislocated and personal data of the person who might be directly affected by the provision of the requested information, with the exception of personal data which are known to the interested party. ';
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 information published pursuant to § 5 (3) of Act No. 106 / 1999 Coll., as effective before the date of entry into force of this Act, shall be kept public for at least 6 years from the date of entry into force of this Act.
Amendment of the law on the right to information on the environment
Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll., Act No. 6 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 380 / 2009 Coll. and Act No. 83 / 2015 Coll., is amended as follows:
1. At the end of footnote 1, the sentence "Directive (EU) 2019 / 1024 of the European Parliament and of the Council of 20 June 2019 on open data and the reuse of public sector information shall be added to the separate line. '
2. In Article 1 (1) (d), the words "environment and 'are replaced by the words" environment,' and the words "and support for the disclosure of information through the application programming interface 'are added at the end of the text of the letter.
3. In Article 2, at the end of point (d), the words "under conditions which are objective, proportionate, non-discriminatory, non-exclusive and do not restrict the manner and purpose of subsequent use of the information provided (hereinafter referred to as" standard conditions of use "), in particular through the application programming interface 'shall be added.
4. In Article 2, the following points (e) to (g) are inserted after point (d):
"(e) a machine-readable format of a data file with a structure that allows software to easily find, identify and extract specific information from that data file, including individual data and its internal structure;
(f) an open format format for 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 prevent the use of the information contained in the data file;
(g) the interface for programming applications sets of functions and processes enabling the creation of applications that accede to the functions or data of the operating system, database, application or other electronic services; ';
Points (e) to (k) shall be renumbered as points (h) to (n).
5. in Article 2 (i):
"(i) metadata of data describing the context, content and structure of the recorded information, including information describing spatial data sets or services, including spatial data services, and enabling and facilitating their search, sorting and use and further describing their management over time;";
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Regulation Information
| Citation | Act No. 241 / 2022 Coll., amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 123 / 1998 Coll., on the Right to Information on the Environment, as amended, and Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation from Public Funds and on the Amendment of Certain Related Acts (Act on the Promotion of Research, Experimental Development and Innovation), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2022 |
|---|---|
| Effective from | 01.09.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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