Act No. 267 / 2024 Coll.
Act amending Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended
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Effective from 01.01.2025
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267
THE LAW
of 21 August 2024
amending Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 412 / 2005 Coll., on the Protection of Classified Information and Security Eligibility, 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. 140 / 2011 Coll., Act No. 375 / 2015 Coll., Act No. 135 / 2016 Coll., Act No. 298 / 2009 Coll., Act No. 181 / 2014 Coll., Act No. 250 / 2014 Coll.
1. in Article 2 (a), the words "recorded on any medium designated in accordance with this Act" shall be replaced by the words "classified under this Act" and the words "listed" shall be replaced by the words "which may be subdivided under the heading shown in the catalogue of areas."
2. In footnote 1, the words "Paragraph 2 (7) of Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws' are replaced by the words" Sections 7 to 9 of Act No. 320 / 2015 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws (Fire Department Act) '.
3. in § 2 (d), the words "Security Information Service (5), Military Intelligence (6)" shall be replaced by the words "Intelligence Services (56)";
Footnote 56 reads as follows:
"56) Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended."
footnotes 5 and 6 are deleted.
4. In Article 2 (e), the words "; if it is a collective body, only the natural person who directs that body 'shall be added at the end of the text of point 2.
5. in § 2 (e) (5):
"5th Director of Intelligence,"
6. in Article 2 (e) (13) and (14):
"13. in the case of an entrepreneur pursuant to Paragraph 15, which is a legal person, and in the case of another legal person not referred to in points 6 to 11, a natural person who is its individual statutory body, or where a legal person has multiple individual statutory bodies or is a collective body of that legal entity, a member of a statutory body which is a natural person and is intended to act in matters governed by this law,
14. in the case of an entrepreneur pursuant to Paragraph 15, which is a natural person, and in the case of another undertaking, that natural person, '.
footnotes 8 and 9 are deleted.
7. in Article 2 (e), the following points 15 and 16 are added:
"15th Chamber of Deputies," and
16. at the Senate Head of Senate Office, '.
8. In Article 2 (f), the words "or an undertaking natural person 'are replaced by the words" pursuant to Article 60b or an entrepreneur'.
9. in Article 2 (h), the words "natural or legal" shall be deleted;
10.
Undertakings
(1) Information whose disclosure or misuse may cause harm to the interests of the Czech Republic, or which may be unfavourable to that interest, and which may be classified under an item listed in the catalogue of classified information fields, shall classify and identify the originator by a classification grade
(a) Strictly secret if disclosure of the information to an unauthorised person or misuse can cause an extremely serious harm to the interests of the Czech Republic;
(b) Confidential if disclosure of such information to an unauthorised person or misuse can cause serious harm to the interests of the Czech Republic;
(c) Confidential if disclosure of such information to an unauthorised person or misuse can cause simple harm to the interests of the Czech Republic; or
d) Reserved if its disclosure to an unauthorised person or misuse may be detrimental to the interest of the Czech Republic.
(2) Where classified information is made up of classified classified information of a different classification level, it shall be classified and classified by the highest classification level or higher.
(3) The classified information shall be identified by an oral declaration or other appropriate means, at the time of oral, visual or audible disclosure, to acknowledge that it is classified information of the appropriate classification level.
(4) The classified information in analogue form shall be marked by indicating the classification level.
(5) The classified information shall be electronically marked before it is made available; where this is not possible, it shall be marked when made available in accordance with paragraph 3. ';
11. in Article 6 (2), the words "pursuant to Article 8" shall be added at the end of the text of point (c).
12. In the third sentence of Article 7 (1), the words "if he has remained there for more than 6 months after the age of 15," shall be inserted after the words "in the last 10 years," and at the end of the sentence the words "or an extract from the record of the Register of Penalties with an annex containing information entered in the criminal record of that State," and after the sentence of the third sentence, the sentence "Where a foreign State does not issue a similar extract from the criminal record, the condition of integrity shall be proved by a declaration of honour."
13. in Paragraph 7 (2):
"(2) The documents referred to in paragraph 1 shall be submitted by a natural person; where the authority of the State assesses integrity, it shall request an extract from the register of criminal offences (11). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way enabling remote access. Other documents proving the integrity of a stranger are presented by a stranger. '
14. The heading of Section 8 reads:
"Honesty for the purpose of issuing a notification."
15. in Article 8, the words "for the purpose of issuing a notification" shall be inserted after the words "good conduct."
16. In Article 9, the sentence "The copy of the notification and the instructions and supporting documents for verifying compliance with the conditions laid down in Article 6 (2) (a) and (c) may be kept for a maximum period of 5 years from the date of expiry of the notification."
17. in Articles 9 (3) (f), 56 (1) (f) and 85 (3) (e), the words "such damage" shall be replaced by "reporting such damage."
18. in Paragraph 9 (5), the words "(f) or (j)" shall be replaced by the words "or (f) and within 30 days of its expiry in accordance with paragraph 3 (j)."
19. in Paragraph 9 (6), the word "a" shall be replaced by a comma and the words "or (i) within 15 days" shall be inserted after the words "from the date of such termination and in the event of the expiry of the notification referred to in paragraph 3 (j) within 30 days."
20. In Paragraph 10 (2), the words "and, in the event of the expiry of the notification referred to in Article 9 (3) (j), within 30 days," shall be added at the end of point (a). "
21. in Paragraph 10 (2) (b):
"(b) in the cases referred to in Article 9 (2), submit within the prescribed time limit, at the request of the person who issued the notification,
1. an extract from the Register of Penalties (11), in the case of a foreigner, of a similar document to the State of which the alien is a national and to the State where the alien has remained continuously for more than 6 months in the last 5 years, or an extract from the Register of Penalties with an annex containing information entered in the criminal record of that State; where a foreign State does not issue a document similar to an extract from the criminal record, an affidavit; and
2. a declaration by a natural person of incapacity;
such documents shall not be more than 3 months old. ';
22. In Paragraph 11 (2), the third sentence is replaced by the following: "The lesson shall be signed by the natural person and by the person who made the lesson; one copy shall be transmitted to it, one copy deposited (12) and a copy sent to the Office; a copy of the instruction may be sent to the Office by electronic means. ', in the fourth sentence, the words" one copy' shall be replaced by the words "copy 'and the words" Czech Republic13) ("intelligence services') 'shall be deleted, including footnote 13.
23. The following Section 11a is inserted after Section 11:
In the event of termination of an employment relationship or of an employment relationship, a member or similar relationship, or of a change of an office in which a natural person has been granted access to classified information, that person shall be required to confirm in writing that he is aware of the obligation to remain confidential about the classified information to which he has access and not to allow access to it to an unauthorised person. The responsible person shall ensure that this operation is carried out. ';
24. the words "(a) and (b)" shall be added at the end of Article 12 (1).
25. in Article 12 (1), point (c) shall be deleted;
Point (d) shall be renumbered (c).
26. In Article 12, at the end of paragraph 1, the dot is replaced by "a 'and the following point (d) is added:
"(d) is fair in accordance with Article 13. ';
27. Paragraph 13, including the title and footnote 57, reads as follows:
Honesty for the purpose of issuing a natural person certificate
(1) The condition of integrity for the purpose of certification of a natural person shall be fulfilled by a natural person who has not been lawfully convicted for the commission of an intentional or criminal offence relating to the protection of classified information or who is regarded as not being convicted. If a criminal prosecution for such an offence has been suspended or the application for punishment has been suspended, the condition of integrity shall be fulfilled only after the natural person has been certified under another legislation57). In the case of a decision approving a settlement in criminal proceedings on a criminal offence, the condition of integrity shall be fulfilled where at least five years have elapsed since the legal authority of that decision.
(2) The condition of integrity shall be verified by a copy of the Register of Penalties (11) and, in the case of a foreigner, by evidence similar to that of the Register of Penalties of the State of which the alien is a national, as well as by the State in which the alien has remained continuously for more than 6 months after the age of 15, or by an extract from the Register of Penalties with an annex containing information entered in the criminal record of that State. Where a foreign State does not issue a similar extract from the criminal record, the condition of integrity shall be proved by a declaration of honour. Documents to verify integrity shall not be more than 3 months old.
57) § 179h and 308 of the Code of Criminal Procedure. '
28. in Article 14 (2) (a):
"(a) action against the interest of the Czech Republic,"
29. in Paragraph 14 (2) (b), the comma after the word "activity" and the word "or" shall be deleted;
30. In Article 14, at the end of paragraph 2, the dot is replaced by "or 'and the following point (d) is added:
"(d) a repeated failure to provide the necessary synergies or not to give consent pursuant to Article 107 (4) in an ongoing procedure for the revocation of a certificate of a natural person, unless it is possible to rule on the matter without the provision of the cooperation."
31. in Article 14 (3) (b) to (f):
"(b) intentional infringement of the legislation on the basis of which injury may be caused to the interests of the Czech Republic,
(c) behaviour that has a negative effect on the credibility or the influenceness of a natural person;
(d) contacts with a person who is engaged or has been active against the interest of the Czech Republic;
(e) breach of the conditions for access to classified information or other obligation to protect classified information; or
(f) the fact that a natural person suffers from such a health disorder or there are characteristics in the structure of his or her personality which may have a negative effect on his or her ability to hide information. "
32. in Article 14 (3), points (g) to (j) are deleted;
33.Paragraph 14 (4) reads as follows:
"(4) The security risks referred to in points (a) to (c) of paragraph 2 and in point (a) of paragraph 3 shall be identified in the proceedings over a period of 15 years. The security risk referred to in point (d) of paragraph 2 shall only be identified in an ongoing procedure for the revocation of a natural person's certificate. The security risks referred to in points (b) to (e) of paragraph 3 shall be collected for a period of 10 years for the confidentiality level Confidential, 15 years for the confidentiality level Secret and 20 years for the confidentiality level Top secret before the date of the initiation of the proceedings or for a period of 15 years of age whichever is shorter. ';
34. Paragraph 14 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
35. in Article 14 (6), the words "employment or admission to service" may be replaced by the words "admission to the service or basic employment relationship," and, at the end of the paragraph, the sentence "Information service for its members, employees and applicants for admission to service or basic employment relationship may be added, in the cases referred to in Article 140 (1) (a), and the Ministry of the Interior may, in the cases referred to in Article 141 (1), perform psychological or medical examinations in the examination of the facts referred to in paragraph 3 (f)."
36.
Access to classified information may be granted to an entrepreneur who is a natural person with a permanent residence in the territory of the Czech Republic, registered in a trade register, trade register or other register under another law of the registrar and operates a business activity or a legal person established in the Czech Republic, registered in a commercial register whose principal activity is a business activity if it is necessary for the performance of its business, and if, when accessing classified information,
(a) classification ratings
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; or
(b) Confidential and higher classification shall be held by a valid business certificate of the relevant classification grade;
unless otherwise provided for in Sections 58 to 62. ';
37. in Article 15a (5), the words "for the form of access referred to in Article 20 (1) (a) or for the same form of access by an entrepreneur to classified information" shall be added at the end of the text in point (c).
38. in Article 15a (6), "until" is replaced by "(e) and."
39. in Paragraph 16 (1) (c), "capable" is replaced by "eligible."
40. in Article 16 (1) (e):
"(e) which is fair."
footnote 48 is deleted.
41. in Article 16 (2), the words "points (a) to (d)" shall be deleted;
42. In Article 17, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:
"(d) which, on the basis of sound financial statements in the last 5 consecutive financial years, has negative equity."
43. In Paragraph 17 (2) (a), the word "due" is replaced by "registered."
44. in Article 17 (2) (b):
"(b) which has registered a surplus of income tax, value added tax or other tax, a surplus of the article or a supplement of the tax or customs duty,"
45. in Article 17 (2), the word "or" shall be deleted at the end of point (c).
46. In Article 17, at the end of paragraph 2, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) where the result of the business activity is a loss for at least the last five consecutive tax periods; or
(f) which has negative equity on the basis of sound financial statements. "
47. in Paragraph 18 (2):
"(2) The safety risk is:
(a) the fact that an entrepreneur, a member of his statutory or supervisory body, a procurer or a natural person with a decisive influence on the entrepreneur has been engaged or is engaged in activities against the interests of the Czech Republic;
(b) the activity of an entrepreneur, a member of his statutory or supervisory body, a procurer or a natural person having a decisive influence on an entrepreneur, consisting of the suppression of fundamental rights and freedoms or the promotion of such an activity;
(c) the fact that the rights of a member or a member of a trading corporation with at least a 10% share of the capital or voting rights, including through other legal persons, are exercised by the trustee and that the founder of the trust fund, the trustee or the person designed to receive the performance of that trust fund, develops or develops an activity against the interest of the Czech Republic, or has supported, or
(d) a repeated failure to provide the necessary synergies or to give consent pursuant to Article 108 (7) in the pending proceedings for the revocation of a business certificate, unless it is possible to decide on the matter without the provision of synergies. "
48. in Paragraph 18 (3), point (a) is deleted;
Points (b) to (k) shall be renumbered as points (a) to (j).
49. in Article 18 (3) (a) and (g), "interests" shall be replaced by "interests."
50. in Paragraph 18 (3), the following point (c) is inserted after point (b):
"(c) the conduct or activity of an entrepreneur, a member of his statutory or supervisory authority or of a procurer who has a negative influence on the entrepreneur or may have a negative influence on the trustworthiness of the entrepreneur;";
Points (c) to (j) shall be renumbered (d) to (k).
51. in Paragraph 18 (3) (e), the words "a natural person who is a member of an entrepreneur" shall be replaced by the words "a member of a trading corporation having a decisive influence on the entrepreneur."
52. In Paragraph 18 (3) (f), the words "entrepreneur, member of a cooperative" are replaced by the words "or member of a commercial corporation" and the words "choice or appointment of a statutory or supervisory body of an entrepreneur or cooperative, or its activities against the interests of the Czech Republic" are replaced by the words "entrepreneur."
(53) In Paragraph 18 (3) (h), the words "on the basis of employment, membership or other contractual relationship" shall be deleted.
54. in Article 18 (3) (i), the words "the statutory or supervisory body of an entrepreneur" shall be deleted;
55. in Article 18 (3), point (j) is deleted;
Point (k) shall be renumbered as point (j).
56. In Paragraph 18, at the end of paragraph 3, the dot is replaced by a comma and the following points (k) to (m) are added:
"(k) the fact that an entrepreneur does not pay his debts in cash, even if it is not prevented by other legislation foreseen circumstances for which such debts cannot be paid,
(l) the fact that a shareholder or a member of a business corporation having a decisive influence on the entrepreneur is a foreign legal person for whom the action in the proceedings cannot be established or verified by the ownership structure; or
(m) the fact that it is not possible to verify the security reliability of the entrepreneur because the partner or member of the business corporation with a decisive influence on the entrepreneur, including through other legal entities, is a foreign person. ';
57. in Paragraph 18 (4):
"(4) The decisive influence referred to in paragraph 2 (a) and (b) and paragraph 3 (e), (f), (l) and (m) is the possibility of enforcing, in fact or on the basis of the right of appointment, revocation or choice of a person who is a member of an individual statutory or supervisory body, or of most persons who are members of a collective statutory or supervisory body of an entrepreneur, including through other legal persons. The influence referred to in paragraph 3 (h) shall be the ability to influence the conduct of an entrepreneur directly or indirectly. ';
58. in Paragraph 18, the following paragraph 5 is added:
"(5) When assessing whether the fact referred to in paragraph 3 is a security risk, account shall be taken of its scope and nature, its time of occurrence and the extent to which it may affect the ability of an entrepreneur to hide information. ';
59. After Paragraph 19, the following Section 19a is inserted:
integrity for the purpose of issuing a business certificate
The condition of integrity for the purpose of issuing an entrepreneur's certificate shall be met by an entrepreneur who has not been legally convicted for the commission of an intentional or criminal offence relating to the protection of classified information or who is regarded as not being convicted. If the prosecution for such an offence has been suspended or the application for punishment has been suspended, the condition of integrity is met only after the entrepreneur has proved to be good under another legislation57). In the case of a decision approving a settlement in criminal proceedings on a intentional crime, the condition of integrity shall be fulfilled if at least five years have elapsed since such a decision became final. ';
60. in Article 20 (1) (b), the words "which do not arise or be provided to him but" are deleted and the words "are added at the end of the text of the letter" without being given or being produced to the entrepreneur. "
61.Paragraph 21 (1) reads as follows:
"(1) The originator shall indicate on the classified information his name, his grade, his registration mark and the date of origin, unless otherwise specified. ';
62. In § 21 (2), § 31 (5), § 35 (2) second sentence, § 37 (5), § 43 (2), § 71 (2), § 76 (1) second sentence, § 79 (3) first sentence, and in § 79 (4) and (6) the words "pursuant to § 60b" shall be inserted after the words "legal person."
63. In § 21 (2), § 31 (5), § 71 (2), § 76 (1), second sentence, § 79 (3), first sentence, and § 79 (4) and (6), the words "acting natural person" are replaced by the words "entrepreneur."
64. In Paragraph 21 (5), at the end of the second sentence, the words "or familiarisation with its content 'shall be added.
65.In Paragraph 21 (7), "courier services" is replaced by "courier."
66.Paragraph 21 (9) reads as follows:
"(9) The classified information stored may only be lent to natural persons who are to the authority of the State, to a legal person in accordance with Paragraph 60b or to an entrepreneur in a service relationship or in a professional, Member or similar relationship. ';
67. In Article 21, the following paragraph 11 is added:
"(11) In cases where there is an imminent risk of disclosure of EUCI, originator, courier or addressee, the EUCI shall be destroyed in such a way as to prevent its renewal or renewal; the addressee or courier shall notify the originator and the Office in writing without delay. ';
68. In Article 22 (4), the words "or after receipt of a call pursuant to paragraph 9 'shall be inserted after the words" set unjustly'.
69. In Article 22, the following paragraph 9 is added:
"(9) The Office shall, at the request of the authority of the State in charge of the procedure in which classified information is handled, verify without undue delay that the grounds for confidentiality correspond to the level of secrecy laid down or that the level of secrecy has been set correctly. If, after consulting the originator, the Office finds that the reasons for the classification do not correspond to the level of secrecy laid down or that the level of secrecy has been misdirected, it shall invite the originator to proceed in accordance with paragraphs 4 and 5 in the case of the classified information assessed in accordance with the findings of the Office. Where the source of classified information is the intelligence service, the verification referred to in the first sentence shall not be carried out in the case of administrative proceedings; it shall be carried out by the competent intelligence service for other management. ';
70. in Article 23 (2) (b), the words "in the form of books, notebooks or sheets," shall be deleted;
71. in § 23 (2) (d), the words "and § 77 (6) and (8)" shall be inserted after the words "§ 21 (7) to (9)."
72. In the second sentence of Article 23 (3), the words "information systems and cryptographic devices' shall not apply 'shall be replaced by the words" information and communication systems, equipment referred to in Article 36 and cryptographic devices'.
73.In Article 24 (5) (c), "other" is replaced by "lower."
74. Paragraph 26 (2) reads as follows:
"(2) In order to fulfil the obligation referred to in paragraph 1, the responsible person shall request the National Cyber and Information Security Authority to verify that there is no unlawful use of technical means of information in the area of procedure; The responsible person may also apply for verification in the security area of the classified or Top Secret category. The National Bureau of Cyber and Information Security shall inform the Office of this request. The National Bureau of Cyber and Information Security will ensure the investigation and inform the Office of the checks carried out in cooperation with the intelligence services and the Czech Police (hereinafter the" Police '). For their own needs, the intelligence services and police carry out their own checks.'
75. in § 28 (4), § 37 (4), § 57 (10) first sentence, § 73 (a) and (b), § 76 (3) and (4) and in § 79 (3) second sentence, the words "pursuant to § 60b" shall be inserted after the words "legal person."
76. In § 28 (4), § 37 (4), § 73 (a) and (b), § 76 (3) and (4) and in § 79 (3), second sentence, the words "natural persons engaged" are replaced by "entrepreneurs."
77.In Article 30 (1) (c) and (d):
"(c) alarm security and emergency systems;
(e) surveillance video systems; ';
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Regulation Information
| Citation | Act No. 267 / 2024 Coll., amending Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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18.11.2024
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