What is Full text of Act No. 243 / 2010 Coll.?

Full text of Act No. 243 / 2010 Coll., Act No. 499 / 2004 Coll., on Archiving and File Service and on the amendment of certain laws, as is apparent from subsequent amendments — Full text of Act No. 499 / 2004 Coll., on archiving and file service and on the amendment of certain laws, as resulting from subsequent amendments.

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Yes, Full text of Act No. 243 / 2010 Coll. is still valid and effective.

Full text of Act No. 243 / 2010 Coll. - Full text of Act No. 499 / 2004 Coll., o...

243

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as follows from amendments made by Act No. 413 / 2005 Coll., Act No. 444 / 2005 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. and Act No. 227 / 2009 Coll.

THE LAW

on archiving and file services

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

ARCHIVICITY AND SPISIS SERVICES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This law governs

(a) the selection, registration and categorisation of archives;

(b) the protection of archives;

(c) the rights and obligations of archival owners;

(d) the rights and obligations of archival holders and administrators, hereinafter referred to as "the holder of the archive,"

(e) the use of archives;

(f) processing of personal data for archiving purposes;

(g) archive system,

(h) the rights and obligations of archive founders;

(i) file service,

(j) the competence of the Ministry of the Interior (hereinafter referred to as the Ministry) and other administrative offices in the archiving and file service sector;

(k) administrative offences.

§ 2

Definition of terms

For the purposes of this Act:

(a) archiving the field of human activity focused on the care of archives as part of national cultural heritage and fulfilling the functions of administrative, information, scientific and cultural;

(b) the archive of the equipment under this Act, which is used for the storage and care of archives;

(c) by the originator of each of the activities of the document;

(d) by document, any written, image, sound or other recorded information, whether in analogue or digital form, created or delivered by the originator;

(e) archival material such a document which, due to the time of origin, content, origin, external characteristics and the lasting value of the political, economic, legal, historical, cultural, scientific or information importance, has been selected in the public interest for permanent preservation and has been entered in the archive records; the archives are also seals, stamps and other tangible objects related to the archive fund or to the archive collection, which have been selected and entered in the register, given the time of creation, content, origin, external characteristics and the lasting value of the political, economic, legal, historical, cultural, scientific or information importance,

(f) by selecting archives to assess the value of documents and decide on their collection for archival purposes and to include them in archival records;

(g) by the archive fund, a file of archives which has been drawn from documents created by the activities of a natural or legal person, an organisational component of the State or a territorial body;

(h) a file of archives connected by one or more common characters,

(i) an archival information system which is created during archival processing and serves for recording and orientation in the content and time range of the archive fund, archive collection or parts thereof;

j) archival processing of the sorting, organisation and inventory of archives,

(k) the performance of a file service to ensure the professional management of documents arising from the activities of the originator or, where appropriate, from the activities of his legal predecessors, including their proper income, registration, distribution, circulation, processing, preparation, signature, dispatch, storage and disposal in the shredder's proceedings, including control of such activities;

(l) a file space intended for the storage, searching and submission of documents for the originator's needs and for the implementation of the shredding procedure;

(m) an administrative archive part of the originator intended to supervise the originator's file service and to store, search and submit documents with a shredding period of more than 5 years;

(n) metadata of data describing the context, content and structure of documents and their management over time;

(o) an internal rule laying down the basic rules for document handling and shredding procedures;

(p) the file character of the marking which includes documents in the material groups for the purposes of their future search, storage and disposal;

(q) the shredder character of the document identification by which the document is assessed in the shredder's proceedings;

(r) the shredding period during which the document must be deposited with the originator;

(s) an employee of a person in a service relationship, employment relationship or other similar relationship.

HLAVA II

ARCHIVICITY

Díl 1

Selection and registration of archives

Archive Selection

§ 3

(1) The obligation to keep documents and to allow the selection of archives should:

(a) the organisational elements of the State;

(b) armed forces;

(c) the Security Corps,

(d) State contribution organisations;

(e) State enterprises;

(f) local authorities;

(g) the organisational elements of the territorial units, where they produce the documents listed in Annexes 1 or 2 to this Act;

(h) legal persons established or constituted by local authorities, where they produce the documents listed in Annexes 1 or 2 to this Act;

(i) universities;

(j) schools and school establishments with the exception of nursery schools, educational and accommodation establishments and school catering facilities (hereinafter referred to as "schools");

(k) health insurance companies;

(l) public research institutions;

(m) legal persons established by law;

(n) notaries

(hereinafter referred to as "the public authorities').

(2) The obligation to keep documents and to allow the selection of archives under the conditions laid down by this law also has to be

(a) entrepreneurs registered in a commercial register as regards the documents listed in Annex 1 to this Act;

(b) political parties, political movements, civil unions, trade unions, employers' organisations, churches and religious societies, professional chambers, foundations, foundations and community funds,

("the private-law agents').

(3) The archive shall be selected in accordance with its competence (the archive concerned).

§ 4

The criteria for selecting archives are the permanent value of the document due to:

(a) the time of origin;

(b) content,

(c) origin,

(d) external features.

§ 5

(1) According to the time of origin, the respective archive for archival shall be selected:

(a) documents up to 1850;

(b) documents relating to industrial and agricultural production, credit system and insurance, financial and mining business, including patents on major inventions made up to 1900;

(c) photographic records made up to 1900;

(d) audio recordings made up to 1930;

(e) film records made up to 1930.

(2) According to the content, documents of a lasting value given to their political, economic, legal, historical, cultural, scientific or information significance shall be selected for archival by the archive concerned; the documents listed in Annex 2 to this Act must always be submitted for selection.

(3) According to origin, documents which have a permanent value due to the importance, function or position of their originator shall be selected as archives by the appropriate archive.

(4) According to external features, documents of lasting value are selected for archival purposes in relation to their artistic value, language, font, writing material, method of production, or other similar characteristics.

§ 6

Selection of archives from the originators' documents shall be carried out by the respective archive in the shredder's or outside the shredder's proceedings.

Selection of archives in shredder control

§ 7

(1) The selection of archives in the shredder's proceedings is carried out by the relevant archive from the documents of the public author, from the documents of his legal predecessor and from the documents of the private author, if a private archive is established. The selection of archives in the shredder's proceedings shall also be made by means of the documents of the public authority deposited with its legal successor, which is not a public authority.

(2) The selection of archives in the shredder's proceedings shall be carried out by the competent archives of the documents of the private-law originator, if requested by the private-law author.

(3) The shredding procedure is a procedure whereby documents which have expired and which are no longer necessary for the agent's activities are excluded.

(4) The originator or his successor in title shall be responsible for the proper conduct of the shredding procedure. Such bodies shall be required to allow the appropriate archive to supervise the implementation of the shredding process and the selection of archives in the shredding process.

§ 8

(1) The shredding procedure shall be carried out in the calendar year following the end of the shredding period of the document. The shredder procedure may be carried out later if the entity referred to in Article 7 (4) needs documents for its own activities, in agreement with the archive concerned.

(2) The shredding procedure is carried out on the basis of a shredding proposal. The shredder proposal shall send the body referred to in Article 7 (4) to the appropriate archive for assessment and selection of archives. For the implementation of the shredding procedure, the body referred to in Section 7 (4) shall draw up a shredding committee.

(3) The shredder procedure is always carried out when the public author is terminated. If this is not possible, archival selection shall be carried out outside the shredding process.

§ 9

(1) The shredder proposal, drawn up by the body referred to in Article 7 (4), contains:

(a) the designation of the body referred to in Article 7 (4);

(b) a list of the documents proposed for the shredding procedure and their duration;

(c) a proposal for the date of implementation of the shredding procedure.

(2) The implementing act provides for details of the shredding procedure and the procedure for the disposal of documents.

§ 10

(1) On the basis of the shredding procedure, the archives concerned shall draw up a report on the shredding procedure.

(2) The Protocol referred to in paragraph 1 contains:

(a) an inventory of documents or sets of documents selected for archival purposes;

(b) the classification of archival material in the relevant category;

(c) the destination of the archival site; and

(d) an inventory of documents that can be destroyed.

(3) If the body referred to in Article 7 (4) does not agree with the content of the protocol referred to in paragraph 1, it may object to it within 15 days of the date of service of the protocol to the administrative office on the archiving and the performance of the file service. The opposition shall be lodged in an administrative procedure.

(4) The body referred to in Article 7 (4) may destroy documents intended for destruction in the shredder's proceedings and listed in the inventory of documents referred to in paragraph 2 (d) after the expiry of the period for the submission of objections referred to in paragraph 3 and, in the case of opposition, after the completion of the opposition proceedings.

Selection of archives outside the shredding process

§ 11

(1) Selection of archives outside the shredding process is carried out by the relevant archive from the documents

(a) the private producer;

(b) the producer referred to in Article 7 (1) which has not undergone the shredding procedure;

(c) offered by the owner of the Czech Republic or any other public archive provider by gift, purchase or storage;

(d) found.

(2) The selection of archives outside the shredding procedure referred to in paragraph 1 (a) and (c) shall be made at the request of the originator or the owner of the document. The originator or the owner of the document shall agree with the relevant archive the dates on which it shall submit an application for the selection of archives outside the shredding process; in the event of cancellation of the originator, of his entry into liquidation or of a declaration of bankruptcy against the originator, he shall request the originator to select the archives outside the shredding procedure without delay.

(3) The selection of archives outside the shredding procedure referred to in points (b) and (d) of paragraph 1 and, in cases where the originator is destroyed without a legal successor, shall be carried out ex officio.

(4) The selection of archival sites outside the shredder procedure referred to in paragraph 1 (b) shall be carried out by the archive which would be responsible for selecting archival sites in the shredder procedure.

(5) Documents deposited in museums, libraries, galleries, monuments, public research institutions and universities (hereinafter referred to as "culturally scientific institutions") as a result of their acquisition and collection activities meeting the criteria set out in paragraphs 4 and 5 or in Annex 2 to this Act and taken into archival records shall be considered as archives selected outside the shredding process.

§ 12

(1) Upon completion of the selection of archives outside the shredding process, the relevant archive shall draw up a record of the selection of archives outside the shredding process, which shall include the elements referred to in § 10 (2) (a) to (c).

(2) In the case of the selection of archives other than the shredding procedure carried out by the official competent archive, the archive shall determine in which archive the archive will be stored.

(3) Upon completion of the selection of archival sites other than the shredding procedure carried out at the request of the owner of the document, the archive shall determine in which archive the archive will be stored only if the archive owner agrees to deposit it in the archive.

(4) In the event that the originator or the owner of the document does not agree with the content of the record of the archival selection outside the shredding procedure, he may object to it within 15 days of the date of receipt of the report to the administrative office in the archival and file service section. The opposition shall be lodged in an administrative procedure.

Common provisions for the selection of archives

§ 13

(1) In the case of documents containing classified information2), only documents designed for decommissioning and destruction may be included in the shredder proceedings; for other documents, archival selection may be carried out only after the classification level has been deleted. The selection of archives for which the classification level has not been deleted or the classification level cannot be deleted shall be carried out by the relevant security archives.

(2) Documents containing commercial 3), bank 4) or similar secrets may be submitted for the selection of archives in the shredder's proceedings or outside the shredder's proceedings only with the prior consent of the person who testifies to the protection of secrets. The protection of commercial, banking or similar secrets shall not be affected by the selection of documents for archival purposes.

(3) The choice of archives from documents containing personal data and the retention of such documents does not require the consent of a natural person under a special legislature5).

(4) When selecting archives in the shredder's proceedings and selecting archival sites outside the shredder's proceedings, persons performing the selection of archives shall be entitled to enter the premises, land and other premises with the knowledge of the originator or the owner of the document, unless the selection of archives can be done by other means. If the owner of the document is not the owner of the object or plot or other premises where the document is located, it may be entered only with the consent of the owner.

(5) Documents in digital form intended for shredding management shall be provided with metadata according to the national standard for electronic file service systems. If this is not the case, they shall be converted into an analogue form after closing the file (Section 69a). The particulars of the documents referred to in the first sentence shall be laid down in the implementing legislation.

(6) Documents shall be submitted for selection in the shredder's procedure or outside the shredder's procedure to the appropriate archive, regardless of the location of their storage.

§ 14

(1) The staff of the administrative offices in the archiving sector and the performance of the file service, the staff of the archives and their founders are obliged to maintain confidentiality regarding all the facts which they have learned in carrying out their activities under this law. Such obligations may be waived by the competent administrative authority in the archiving and file services section; the exemption must be in writing, indicating the scope and purpose. This is without prejudice to the obligation of confidentiality laid down in specific legislation6.

(2) Where the repository is a legal person, the obligation of confidentiality referred to in paragraph 1 shall apply to natural persons who have become familiar with the protected information due to their employment, function or similar status in that legal person.

(3) The obligation to remain silent continues after termination of service, employment or other similar relationship.

§ 15

(1) The documents selected as archives for permanent storage in the archive shall be transmitted by the originator or the owner of the document on the basis of a record of the shredding process or of a record of the selection of archives other than the shredder procedure to the designated archive. An official record of the transfer shall be drawn up.

(2) Archives owned by the Czech Republic and archives owned by local authorities or other public authorities are stored in public archives. The archives obtained by the acquisition and collection activities of a cultural scientific institution shall be stored in that institution.

(3) At the request of the originator, the archive concerned may issue permanent shredder consent to the type of documents which may be destroyed without selection of archives in the shredder's proceedings or outside the shredder's proceedings. If the originator fails to comply with the conditions laid down in the permanent shredder's consent, the relevant archive may revoke the permanent shredder's consent from its own authority. In the event of the disappearance or cancellation of the originator, the permanent shredder's consent shall not be transferred to the successor.

archival records

§ 16

(1) After the archival selection, the documents selected as archives are taken into the archive records.

(2) The archives registered in the Czech Republic constitute the National Archive Heritage. The national archive heritage shall be kept in a basic, secondary and central register. The main unit of the register is the archive fund, archive collection or part of it or individual archives.

(3) The basic records of the National Archives Heritage, which include records of the increments and losses of archives, the records of the National Archives Heritage and the records of archival aids, are kept by the archives and the culturally scientific institutions in whose administration the archives are located. Archives and cultural scientific institutions shall include the basic units of the registration in the basic records of the National Archive Heritage after the selection of archives.

(4) The National Archive (§ 46) or the State Regional Archives (§ 49) shall keep a basic record of the part of the National Archive heritage stored outside the archives and culturally scientific institutions according to their competence.

(5) The secondary records of the National Archive Heritage stored in archives and cultural scientific institutions, which include the records of the National Archive Heritage and the records of archiving aids, are kept by the National Archive or the State Regional Archives as appropriate. Archives and cultural scientific institutions are required to provide the archive which keeps secondary records, to provide data from the records of the National Archive Heritage and from the records of archive aids and to send copies of their archive aids.

(6) The Central Register of the National Archive Heritage, which includes the records of the National Archive Heritage and the records of archiving aids, is maintained by the Ministry. The archives and cultural scientific institutions leading the basic record shall provide the Ministry with data from the records of the National Archive Heritage and from the records of archive aids and send them copies of their archive aids.

§ 17

(1) Each registration of the National Archive Heritage shall be kept in paper form or on technical media or in a way combining those forms and shall be transmitted in the same form. The basic records of the National Archive Heritage must always be kept in paper form.

(2) The Ministry will exclude from the records of the National Archive Heritage

(a) the archive fund or the archive collection in order to reassess the importance;

(b) archive fund, archive collection or archive for destruction;

(c) archival fund, archive collection or archival for extradition purposes.

(3) The archive or cultural scientific institution will exclude the archive they keep in the basic register from the records of the National Archive Heritage due to a reassessment of the significance.

(4) The application for exclusion from the records of the National Archive Heritage as referred to in paragraph 2 shall be submitted by the bodies leading the archive fund, archive collection or archive in the basic register.

(5) The application referred to in paragraph 4 shall contain:

(a) the designation of the applicant body;

(b) the designation of the archive fund, archive collection or archivaly;

(c) the reason for the decommissioning of the archive fund, archive collection or archival,

(d) a copy of the current register of the National Archive Heritage of the Archive Fund or of the archive collection which is subject to decommissioning, or of the archive fund or archive collection to which the discarded archives belong.

§ 18

(1) The Ministry shall keep records of all archives, archive collections and archive funds or their integrated parts declared as archival cultural monuments or national cultural monuments. The archives in which such archives, archive collections, archive funds or their integrated parts are stored shall be kept in a separate register. Special records shall include:

(a) a description of the essential characteristics of the archive, archive collection, archive fund or integrated parts thereof;

(b) details of when the archive, archive collection, archive fund or a complete part of it was declared an archive cultural monument or a national cultural monument;

(c) details of the location of the archive, archive collection, archive fund or a complete part thereof.

(2) The Ministry records archives and cultural scientific institutions which keep a basic record of the National Archive Heritage. In keeping this record, the Ministry is entitled to detect, process and store the following data:

(a) the name and registered office of the archive or of the cultural scientific institution;

(b) the name, registered office and identification number of the person (hereinafter referred to as the "identification number") of the legal person who is the founder of or acts as the founder of the body or establishment referred to in (a);

(c) the name, surname, date of birth and place of permanent residence of the natural person, if he is the founder of the body or establishment referred to in (a).

(3) When keeping records under this Act, the Ministry, National Archives, the Archives of Security Services and the State Regional Archives shall be authorised to detect, process and store data on the originators, owners and holders of the archives in the

(a) the names, surnames, permanent residence and date of birth, if any, of the natural person; or

(b) the name, identification number and registered office, if any.

§ 18a

(1) In the event of the disappearance of the archive founder without a legal successor, the Ministry shall determine the public archive to which the archives will be stored.

(2) The Ministry will decide, on a proposal from the archive or, where appropriate, its founder, the composition of the archive fund or the archive collection and their location.

§ 19

Implementing legislation provides for:

(a) the way in which basic, secondary and central records are kept;

(b) the way in which data from basic records are transferred to secondary and central records;

(c) the method of keeping records of archives or archive funds or their integrated parts declared as cultural monuments or national cultural monuments;

(d) the procedure and method for removing archives from the records;

(e) the means of keeping records of archive aids, types of archive aids, their structure and content and the way of sending and recording copies of archive aids.

Díl 2

Archive categorisation

§ 20

(1) When selecting the archive, it is classified in Category I or Category II.

(2) The archives to be classified in Category I are listed in Annex 3 to this Act. Other archives are Category II archives.

Citation	Full text of Act No. 243 / 2010 Coll., Act No. 499 / 2004 Coll., on Archiving and File Service and on the amendment of certain laws, as is apparent from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	20.08.2010
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 243 / 2010 Coll.

Full text of Act No. 499 / 2004 Coll., on archiving and file service and on the amendment of certain laws, as resulting from subsequent amendments

Contents