Act No. 255 / 2011 Coll.
Act amending Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Capability, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
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Effective from 01.01.2012
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01.01.2012
30.08.2011
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255
THE LAW
of 21 July 2011
amending Act No 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended, and Act No 634 / 2004 Coll., on administrative charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the protection of classified information and on security competence
Act No. 412 / 2005 Coll., on the protection of classified information and security competence, as amended by Act No. 119 / 2007 Coll., Act No. 177 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll. is amended as follows:
1. in Article 3 (2) (f), the words "or existence" shall be deleted;
2. in Paragraph 3 (4) (e), the words "or existence" shall be replaced by the words "Organisation of the North Atlantic Treaty," and the word "its" shall be replaced by "theirs."
3. in Article 3 (5) (e):
"(e) disruption of security operations or intelligence activities.";
4. In Article 6 (3), the second sentence is replaced by the following: "Where a natural person is not subject to the first sentence, compliance with the conditions laid down in paragraph 2 shall be verified and the notification shall be issued to the natural person responsible or the person designated by him who allows the natural person to access classified information of the level of confidentiality reserved."
5. In Article 6 (3), the following sentence is inserted after the second sentence: "In other cases, compliance with the conditions laid down in paragraph 2 shall be verified and the notification shall be issued to the natural person by the National Security Office (hereinafter referred to as" the Office ") on a reasoned written request. '
6. In Article 7 (1), the word "citizen 'is replaced by" national'.
7. In Sections 8 and 82, the words "if not looked at 'are replaced by the words" or are looked at'.
8. In Paragraph 9 (2), "every 3 years' is replaced by" every 5 years';
9. in Article 9 (3) (c):
"(c) the creation of a service or employment relationship, a member or similar relationship, in which a natural person is to be granted access to classified information, provided that the notification has been issued by or designated by the responsible person or by the natural person who has granted access to classified information of the level of the reserved or by the Office pursuant to Article 6 (3),";
10. in Article 9 (3) (e):
"(e) the notification of his theft or loss,"
11. In Article 9 (3) at the end of (f), Article 14 (3) at the end of (h), Article 18 (3) at the end of (h), Article 48 (4) at the end of (c), Article 56 (1) at the end of (h), Article 74 (1) at the end of (b), Article 84 (3) at the end of (b), Article 85 (3) at the end of (e), Article 153 (1) at the end of (c) and Article 154 (1) at the end of (d), the word "or" shall be deleted.
12. in Article 9, at the end of paragraph 3, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) by returning the notification to the person who issued it and, if it is not, to the Office,
(i) the 15th day following receipt of the certificate of the natural person or document; or
(j) by changing one of the particulars contained therein. ';
13. in Article 9 (4), "(b), (c), (d) or (f)" shall be replaced by "(b) to (d), (f), (h) or (i)";
14. in Paragraph 9 (5):
"(5) Where, within 15 days of the date of expiry of the notification referred to in paragraph 3 (e), (f) or (j), the holder of the notification requests in writing the issuance of a new notification, the access of a natural person to classified information shall not be affected by the expiry of the original notification; the person who has issued the notification shall, within 5 days of receipt of the request, issue a new notification replacing the original. ';
15. in Article 9 (6), the words "or (g)" or "5" shall be inserted after the words "paragraph 3 (a)," the number "5" shall be replaced by "15" and the words "or (c)" shall be replaced by "(c) or (i)."
16. in Article 10 (2) (a):
"(a) communicate in writing to the person who issued the notification,
1. the amendment concerning the conditions referred to in Article 6 (2) (a) and (c);
2. theft, loss or damage to notification,
3. The date of receipt of the certificate or document,
4. the facts referred to in § 9 (3) (c), (f) and (j);
within 15 days of the date on which the change or reality occurred or the natural person became aware of it, '.
17. in Paragraph 10 (2) (b), the words', in the case of a stranger, the equivalent document of the State of which the alien is a national and the State in which the alien has remained continuously for more than 6 months in the last 5 years' shall be inserted after the words "the Register of Penalties";
18. In Article 11 (3), the words ", the instruction of the Director of the Office for Foreign Relations and the information shall be done by the Minister of the Interior and the instruction of the Director of Military Intelligence shall be done by the Minister of Defence 'shall be inserted after the words" the Government'.
19. in Paragraph 11 (4), the words "or termination of service or employment, membership or similar relationship in which a natural person has been granted access to classified information shall be inserted after the words" (Paragraph 56 (1)). "
20. in Paragraph 12 (1) (a), the words "citizen of a Member State" shall be replaced by the words "national of a Member State";
21. In Paragraph 13 (3), the part of the sentence after the semicolon, including the semicolon, is deleted.
22. in Paragraph 14 (2) at the end of point (a), the word "or" shall be deleted;
23. In Paragraph 14, at the end of paragraph 2, the dot is replaced by "or 'and the following point (c) is added:
"(c) the fact that the property situation is manifestly disproportionate to the duly recognised income of the natural person."
24. in Article 14 (3) (i):
"(i) repeated failure to provide the necessary synergies in the security procedure initiated pursuant to Paragraph 101 (1), or"
25. in Article 14 (3), the following point (j) is added:
"(j) conditional suspension of criminal prosecution for an intentional offence or suspension of an application for punishment for an intentional offence for which the probationary period has not yet expired or approval of settlement for an intentional offence.";
26. In Paragraph 14 (7), the words "pursuant to paragraph 3 'and the words" where the facts established raise doubts as to the ability of a natural person to disclose information' are deleted.
27.
Entrepreneurs who necessarily need access to classified information to carry out their activities
(a) classification level Reserved, access may be granted if:
1. provide evidence by written declaration of its ability to ensure the protection of classified information (hereinafter referred to as "the business statement"); or
2. holds a valid business certificate (§ 54);
(b) Confidential and higher classification, access may be granted if he holds a valid business certificate (§ 54) of the relevant classification grade;
unless otherwise provided for in this law (Sections 58 to 62). '
28. After Paragraph 15, the following Section 15a is inserted:
Business Statement
(1) The entrepreneur shall be entitled to make a declaration to the entrepreneur if:
(a) have, for the protection of classified information, classified classification levels Reserved conditions corresponding to the form of access to that information (§ 20) and the relevant type of protection (§ 5);
(b) the person responsible shall hold a notification, a certificate or a document.
(2) Compliance with the conditions for access to classified information referred to in Article 15 (a) (1) shall be demonstrated by the entrepreneur to the provider of classified information by means of the level of classified information reserved (hereinafter referred to as the "reserved information provider") by the transmission of a declaration by the entrepreneur before the first access to that information; he is entitled to require an entrepreneur to submit the business security documentation. The provider of the reserved information shall send a copy of the business statement to the Office without delay.
(3) An entrepreneur whose classified classified information is only to be generated shall send a business statement to the Office immediately after it has been made.
(4) An entrepreneur who terminates access to classified information of a Class Reserved shall immediately notify in writing to whom, pursuant to paragraph 2 or 3, a declaration by the entrepreneur; This shall not apply if the business statement referred to in paragraph 5 (a) has been terminated.
(5) The business statement expires
(a) 5 years from the date on which it was taken;
(b) on the date of receipt of the written notification by the entrepreneur referred to in paragraph 4 to the provider of the reserved information or to the Office;
(c) on the date of service of the commercial certificate,
(d) cancellation or termination of an entrepreneur;
(e) if the entrepreneur no longer meets any of the conditions referred to in paragraph 1; or
(f) by changing one of the particulars given in the declaration of the entrepreneur.
(6) An entrepreneur shall immediately notify in writing the expiry of the business statement referred to in points (c) to (f) of paragraph 5 to the person to whom, pursuant to paragraph 2 or 3, the business statement has been transmitted or sent to.
(7) The details of the business statement are laid down in implementing legislation. "
29. in Paragraph 16 (1), the word "a" shall be replaced by a comma at the end of (c).
30. in Article 16 (1) (d):
"(d) where the person responsible holds a valid certificate of a natural person for at least the classification level for which the entrepreneur applies for a certificate of business;"
31. in Article 16 (1), the following point (e) is added:
"(e) which, when applying for a business certificate, has paid an administrative fee under another legislature48).
48) Act No. 634 / 2004 Coll., on Administrative Charges, as amended. '
32. in Article 16 (2), the words "points (a) to (d)" shall be inserted after the words "paragraph 1."
33. in Article 17 (1), point (a), including footnote 14, shall be deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
34. in Paragraph 18 (2):
"(2) The safety risk is:
(a) the activities of the statutory body or its member, a member of the supervisory authority or a procurator against the interests of the Czech Republic;
(b) the activity of the statutory authority or its member, a member of the supervisory authority or a procurator, consisting of the suppression of fundamental rights and freedoms, or the promotion of such activity;
(c) the fact that the entrepreneur is a joint-stock company with a form of shares per owner of a form other than that of a book-entry;
(d) the fact that he is a member having a decisive influence on the choice or appointment of a statutory or supervisory body of an entrepreneur, a public limited company with a form of shares on the owner of a form other than the shares in which it is registered. "
35. in Article 18 (3), points (d) and (e) are deleted;
Points (f) to (i) shall be renumbered (d) to (g).
36. in Paragraph 18 (3), the following point (f) is inserted after point (e):
"(f) intentional infringement by a member of an entrepreneur, a member of a cooperative or other person having a decisive influence on the choice or appointment of a statutory or supervisory body of an entrepreneur or cooperative, or its activities against the interests of the Czech Republic,"
Points (f) and (g) shall be renumbered as points (g) and (h).
37. in Paragraph 18 (3) (h):
"(h) the relationship of a person who, on the basis of an employment relationship, a member or other contractual relationship, has an influence on the conduct of an entrepreneur, on natural persons or legal persons, or on foreign power, who have engaged or are engaged against the interests of the Czech Republic; or"
38. in Paragraph 18 (3), the following point (i) is added:
"(i) a repeated failure to provide the necessary synergies in the proceedings initiated under Paragraph 101 (1)."
39. In Article 18, the following paragraph 4 is added:
"(4) The decisive influence referred to in paragraph 2 (d) and paragraph 3 (f) shall be the possibility of enforcing, in fact or on the basis of the right of appointment, revocation or choice of the person who is the statutory body or the majority of the persons who are its members or members of the supervisory body of the entrepreneur or cooperative. The influence referred to in paragraph 3 (h) shall be the ability to influence the conduct of an entrepreneur through the rules governing that entrepreneur. ';
40. In Article 19, the words "the occurrence of classified information 'are replaced by the words" access to classified information'.
41. in Article 21 (5), the words "and the manner laid down therein" shall be inserted after the words "implementing legislation."
42. In Paragraph 22 (1), the word "shall 'be deleted and the word" originator' shall be inserted after the word "indicate '.
43. In Paragraph 24 (2), the word "normally 'shall be inserted after the word" in which' is inserted.
44. in Paragraph 24 (5):
"(5) The classified information is processed
(a) in a secure area of the relevant category or higher;
(b) in an object of the category or above concerned, provided that it is ensured that the classified information is not accessed by an unauthorised person;
(c) in justified cases with the written consent of the responsible person or the Security Director in an object of a category other than that of classified classified classified information, provided that it is ensured that the classified information is not accessed by an unauthorised person; or
(d) in justified cases with the written consent of the person responsible or the safety director outside the premises, provided that it is ensured that the classified information is not accessed by an unauthorised person. ";
45. in Paragraph 24 (6), the words "of the relevant category or higher" shall be inserted after the words "secured areas."
46. In Paragraph 25 (1), the words "and objects shall be classified by the highest level of classified information processed therein 'shall be inserted after the words" stored'.
47. In Paragraph 25, the following paragraph 4 is added:
"(4) In justified cases, with the written consent of the responsible person or the authorised person, Class I may be changed to Class II for a period which is strictly necessary, provided that it is ensured that the classified information is not accessed by an unauthorised person. ';
48. In Paragraph 26 (2), at the end of the text of the first sentence, the words "; the responsible person may also apply for this check in the security area of the category Secret or Top Secret '.
49. in Article 28 (1) (b), the words "a combination of the measures referred to in Article 30 (1) (b), (c) and (f)" shall be replaced by the words "alarm reporting of technical means."
50. in Article 28 (1) (c), the words "the combination of measures referred to in Article 30 (1) (b) and (c)" shall be replaced by the words "the alert of technical means."
51. in Paragraph 28 (2), the words "and in the case of an object without a secure area or negotiating area" shall be inserted after the word "Reserved."
52. in Article 28 (3), the words "a combination of the measures referred to in Article 30 (1) (b), (c), (d) and (f)" shall be replaced by the words "alarm reports of technical means."
53.In Articles 28 (4) and 30 (3), the words "armed corps" are replaced by the words "armed corps."
54. In Article 30 (2), the words "or the person authorised by him 'shall be inserted after the word" person'.
55. in Article 30 (3), the words "in the case of intelligence operations, intelligence services" shall be inserted after the words "threats to the state 20)."
56. In Article 31 (3), the words "and physical security measures of an object without a secure area or negotiating area shall be approved 'shall be inserted after the words" paragraph 2', and the words "or the person responsible for it 'shall be inserted after the word'.
57. In Paragraph 32, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) Physical Security Project of the Object Category Top Secret, Secret and Confidential without Secured Area or negotiating Area contains
(a) identification of the object, including its borders;
(b) the manner in which physical safety measures are applied;
(c) the operating rules of the object; and
(d) a security plan for the object in crisis situations.
(5) The physical security project of the object category Reserved without a secured area includes the designation of the object including its boundaries.
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to the physical security project in the cases referred to in Paragraph 30 (3); the scope of the project shall be approved and determined by the responsible person or by the authorised person. ';
Paragraph 4 shall become paragraph 7.
58. in § 33 (b), the words "to the object category" shall be inserted after the words "regularly discussed."
59. In Paragraph 33 (d), the word "objects," is inserted after the words "security," and the words "or on the category of object" are added at the end of the text of the letter.
60. in § 34 at the end of the text of paragraph 2, § 38 (2) at the end of the text of point (a), § 42 (1) at the end of the text of point (a), § 149 (1) at the end of the text of point (g) and in § 153 (1) at the end of the text of point (s), the words "or the person empowered by him" shall be added;
61. In Paragraph 34, the following paragraph 3 is inserted after paragraph 2:
"(3) An entrepreneur's information system which has access to classified classified information of a level reserved may only be approved for use during the period of validity of the business statement; the expiry of the business declaration shall also cease to be subject to the approval of the information system. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
62. In Paragraph 34, the words "or 3 'shall be added at the end of paragraph 4.
663. In Articles 34 (5), 59 (5) and 60 (4), the words "or the person empowered by him" shall be inserted after the word "person."
64.Paragraph 35 (4) reads as follows:
"(4) The communication system shall be approved in writing by or by the responsible person. ';
65. In Paragraph 35, the following paragraph 5 is inserted after paragraph 4:
"(5) The communication system of an entrepreneur who has access to classified classified information of a level reserved may only be approved for use during the period of validity of the business statement; the expiry of the business declaration shall also cease to be subject to the approval of the communication system. ';
Paragraph 5 shall become paragraph 6.
66. After Paragraph 35, the following Section 35a is inserted:
Tactical information manipulation
(1) Tactical information for the purposes of this Act means classified information with a short duration of reasons of secrecy. Tactical information shall be processed in the information or communication system and shall be protected by cryptographic protection during transmission.
(2) The protection of tactical information up to Secret classification level may also be ensured by a set of measures established on the basis of a risk assessment. Conditions for different manipulation of tactical information shall be adapted to the safety standard. ';
67. In Part Two, Title VII: "Protection of classified information on processing in electronic form in equipment which is not part of the information or communication system '.
68.
(1) When processing classified information in electronic form in a device which is not part of an information or communication system, in particular in a typewriter with memory and in a device enabling the copying, recording or displaying of classified information or its transfer to another data format, the protection of such classified information shall be ensured.
(2) The authority of the State, the legal person and the natural person undertaking shall be obliged to issue a safety operational directive for the installations they operate as referred to in paragraph 1. only classified information may be processed in accordance with it.
(3) The safety operational directive referred to in paragraph 2 shall include for the equipment referred to in paragraph 1:
(a) the manner in which it is operated safely;
(b) operational guidelines for its users.
(4) The conditions for the safe operation of the equipment referred to in paragraph 1, depending on the level of secrecy contained therein, shall be laid down in implementing legislation. "
69. In Paragraph 37 (1), the word "key 'is deleted; the words" to ensure its function' and the words "cryptographic document 'are replaced by the words" cryptographic document';
70.Paragraph 37 (2) reads as follows:
"(2) Cryptographic means used for the cryptographic protection of classified information must be certified by the Office [Paragraph 46 (1) (c)]."
71. in Paragraph 37, paragraphs 3, 4, 8 and 9 are deleted;
Paragraphs 5 to 7 shall be renumbered paragraphs 3 to 5.
72. In the first sentence of Article 37 (3), the words "key materials' are replaced by the words" material to ensure the functioning of the cryptographic device '; the words "or for the production and testing of cryptographic devices' are inserted after the words" responsible person '; the words "or the Security Director' are inserted after the words" responsible person '.
73. In Paragraph 37 (4), the word "key 'is deleted, after the word" material', the words "to ensure the functioning of the cryptographic device 'are inserted and the words" or the Security Director' are inserted after the words "responsible person '.
74. After Paragraph 37, the following Section 37a is inserted:
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Regulation Information
| Citation | Act No. 255 / 2011 Coll., amending Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Eligibility, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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