Decree No. 275 / 2015 Coll.

Decree amending Decree No. 529 / 2005 Coll., on Administrative Security and on the Register of classified information, as amended

Valid Order Effective from 01.01.2016
275
DECLARATION
of 12 October 2015
amending Decree No 529 / 2005 Coll., on administrative security and on classified information registers, as amended
The National Security Authority shall determine, pursuant to Articles 23 (2) and 79 (8) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended by Act No. 32 / 2008 Coll. and Act No. 255 / 2011 Coll.:
Čl. I
Decree No. 529 / 2005 Coll., on administrative security and on classified information registers, as amended by Decree No. 55 / 2008 Coll. and Decree No. 433 / 2011 Coll., is amended as follows:
1. In Article 2, at the end of point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) a file on the connection of documents relating to the same case; the file may be further drawn up by combining the collection sheet with the documents to which the reference or registration number has been assigned from a separate register or by joining the collection sheets. ';
2. in Article 3 (1) (f):
"(f) a confidential, secret or confidential document control sheet of a classified document of a confidential, classified or classified classified document or a classified document of a classified document of a classified State classified, classified or classified, or a file control sheet containing classified documents of a confidential, classified or classified classification level of a confidential or a classified list of persons who have become familiar with the contents of a classified document or file with a State authority, a legal person or an operating natural person (hereinafter referred to as the" control sheet "). The checklist shall contain the items in accordance with the model set out in Annex 6 to this Regulation, '.
3. In Article 3 (1) (g), the words "or other administrative assistance intended for registration in accordance with the second sentence of paragraph 2 'shall be inserted after the words" in the Protocol'.
4. In Article 3, the words "shall be added at the end of the text of paragraph 3; this shall not apply if the person in charge of the Protocol is the person responsible when he is acting as Security Director. The authorisation shall be written and kept until the abovementioned administrative aids have been discarded. '
5. Paragraph 3 (5) reads as follows:
"(5) The certificate shall be drawn up by:
(a) to a classified document, the person responsible for the management of the Protocol for the registration of a classified document, or the person who draws up and enters it first;
(b) a file containing a classified document of a confidential, secret or top secret level by a person in charge of the conduct of the protocol on file registration. ";
6. In Article 3, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) The certificate shall not be part of a classified document or file but shall be deposited together with the classified document or file until such time as it is discarded or dispatched. After the release or dispatch of the classified document, the control sheet shall be deposited with the Protocol or other administrative assistance to be registered in accordance with the second sentence of Article 3 (2) and, if it is for the control sheet of the file or the plate referred to in paragraph 7, the control sheet shall be deposited with the administrative aid in which the file is registered for at least 5 years, unless otherwise specified further (Section 27 (9)). At the end of that period, the person in charge of the Protocol shall destroy the control sheet.
(7) The entry in the control sheet of the file shall replace the entry in the control sheets of the classified documents in the file. The entry in the control sheet may be replaced by the entry on the records of the file, provided that the entries in the entry contain at least the information contained in the control sheet in accordance with the model set out in Annex 6 to this Decree. Reporting services may replace the entry in the checklist by another appropriate means, provided that they ensure that data are kept to the same extent as the data contained in the checklist, ensure traceability of changes to the classified document or file and that the data are kept for at least the same time as the checklist is kept; This does not apply to the control sheet for a classified document of foreign power. ';
Paragraphs 6 to 9 shall be renumbered paragraphs 8 to 11.
7. In Paragraph 3 (11), the words "and delivery books' are replaced by the words", delivery books and other administrative tools for recording '.
8. The heading of Section 4 reads: "The reference and other registration marks of the classified document '.
9. In Article 4, paragraphs 4 and 5 are added:
"(4) The other registration mark of the classified document shall consist of:
(a) an abbreviation of the classification level referred to in paragraph 1 (a);
(b) the serial number of the relevant additional administrative assistance to be registered in accordance with the second sentence of Article 3 (2) or any other registration mark provided by the originator for classified information; in the case of the use of a collection sheet, the coupling and the serial number of the collection sheet shall be marked after the serial number;
(c) slash,
(d) the year in which the serial number referred to in (b) was assigned,
(e) slash,
(f) abbreviation of the registration mark ("EO").
(5) Any other registration mark of a classified document may include additional information or features established by a State authority, a legal person or an undertaking of a natural person; Such data or characters shall be separated from the data and characters referred to in paragraph 4 by a link. ';
10. in Article 6 (1) and (2):
"(1) The amendment or cancellation of the classification level shall be marked on the classified document, paragraph or part by crossing out the original classification level so that the classification level remains legible. In the event of a change, the new classification level shall be marked at the original classification level. The amendment or cancellation of the classification level shall be confirmed by an alert on a classified document, paragraph or part stating the reason, the date of execution, the surname and signature of the person who indicated the change or cancellation of the classification level on the classified document, paragraph or part. The classified document borrowed shall be returned without delay to the Protocol or to any other administrative assistance provided for in the second sentence of Paragraph 3 (2) for the purpose of carrying out an alert on the cancellation or amendment of the classification level.
(2) A change in the classification of a classified document shall be made in the Protocol or other administrative assistance referred to in the second sentence of Article 3 (2) and the classified document shall be reregistered according to the new classification level. In the event of a change in the classification level, reference shall be made to the reference to the reference number or other registration number of the document under which the classified document was newly registered. In the event that classified documents of different levels of secrecy are registered in a single protocol or other administrative assistance as provided for in the second sentence of Article 3 (2), the amendment of the classification level shall be done by crossing out the abbreviation of the classification level, indicating the abbreviation of the new classification level and recording in the protocol or in the other administrative assistance provided for in the second sentence of Article 3 (2). Similarly, a change in the classification level shall be made for the classified document handled in the auxiliary protocol, if it is conducted, and in the handling book of the person carrying the classified document. ';
11. in Article 6, the following paragraph 4 is added:
"(4) The amendment or cancellation of the classification of a classified document registered or registered in the collection sheet shall be carried out in accordance with paragraph 1. The change or cancellation of the classification level shall be recorded in the collection sheet in the column" Part No 'by marking the change in the classification level by crossing the abbreviation of the classification level and marking the abbreviation of the new classification level. The column of the note shall contain a reference to the reference to the reference document number or other registration mark under which the document was newly registered, the date of registration, the surname and signature of the person who made the alert and the re-registration.';
12.
„§ 6a
Receipt of the consignment
(1) The consignment shall be received by the person in charge of the Protocol or by a person designated by the responsible person, the Security Director or their authorised person. Where the consignment is accepted by a designated person, it shall be transmitted without delay for registration.
(2) If there is a defect in the consignment delivered, in particular if there are no stamps on the envelopes or if they are damaged, if the envelope is torn or it is clear that the contents of the classified document may have been familiarised by an unauthorised person (6), or if it is found that the number of sheets or annexes does not conform, or if the document does not comply with the requirements of the classified document, the designated person shall immediately write a record thereof. The consignment shall be registered according to the actual condition. A copy of the alert shall be sent to the consignor. The Security Director of the addressee or the person authorised by him shall be informed of that fact without delay.
(3) If it is found after the consignment has been opened that the classified document has been addressed to another addressee, the consignee shall record it and send it immediately to the correct addressee or return it to the consignor. The first page of the classified document shall appear on the front page "Delivered by mistake," the name and address of the authority of the State or legal person, or the name, surname and place of business of the undertaking of the natural person who accidentally received the classified document, and the date, surname and signature of the person in charge of the Protocol. ';
13. in Paragraph 7 (1):
"(1) The classified document shall be documented in a verifiable manner. A protocol of procedure, collection sheet (§ 7a (1)) or other administrative aid referred to in § 3 (2), second sentence may be used for registration. A document of foreign power of a classification level corresponding to the classification level Reserved shall be recorded in a separate protocol or other administrative assistance provided for in the second sentence of Paragraph 3 (2) and may be sent separately or as an annex to a classified document of foreign power. ';
14. in Article 7 (3) (c), the words "classified information" shall be inserted after the word "originator" and the words "and the indications referred to in Article 4 (4) (e) and (f) and (5) shall be added at the end of the text."
15. Paragraph 7 (4) reads:
"(4) At the end of the calendar year, the Protocol or other administrative assistance referred to in the second sentence of Article 3 (2) shall be concluded by underlining the whole of the last registration, thereby terminating the allocation of serial numbers or other registration marks in that year. The date and record of the number of acts or other registration marks used, signed by the person in charge of the Protocol and by the Security Director or the person in charge pursuant to the second sentence of Article 3 (3), shall be entered in the summary. ';
16. in Article 7, the following paragraph 6 is added:
"(6) The consignment delivered on the inner envelope or packaging shall not be opened by the person in charge of the Protocol; the consignment is recorded unopened and transmitted directly to the consignee. The addressee shall immediately communicate to the person in charge of the Protocol the additional information needed to register the classified document in the Protocol or other administrative assistance intended for registration in accordance with Paragraph 3 (2) and ensure that the information referred to in paragraph 3 is marked on the classified document. ';
17. the following Section 7a is inserted after Section 7, including the title:
„§ 7a
Collection sheet
(1) When creating a collection sheet, the classified document establishing the collection sheet shall be recorded in the relevant protocol or other administrative assistance to be recorded in accordance with the second sentence of Paragraph 3 (2) and entered in the collection sheet under order number one. Other classified documents shall be recorded in the collection sheet in the order in which they are received or incurred in accordance with the instructions set out in Annex 7 to this Order. The creation of a collection sheet shall be indicated in the protocol or other administrative assistance to be recorded in accordance with the second sentence of Article 3 (2).
(2) In the collection sheet, classified documents may be recorded only at the same level of secrecy.
(3) Each classified document entered and registered in the collection sheet shall bear the reference number of the classified document or other registration mark for which the collection sheet was established. Individual classified documents registered and registered in the collection sheet shall be distinguished in the number of the negotiating or other registration mark of the classified document by the serial number of the collection sheet in accordance with § 4 (1) (b) or § 4 (4) (b).
(4) The closure of the collection sheet shall be carried out by underlining the last entry in its entirety, the allocation of serial numbers or other record names of the collection sheet shall be terminated. The record with the date of closure of the collection sheet, the total number of classified documents kept and the number and type of documents in non-paper form of the collection sheet, the surname and signature of the person making the alert shall be entered under the underline. The classified documents entered and registered in the collection sheet shall be closely linked at the time of closure, if this is physically possible and would not give rise to disproportionate difficulties in the subsequent handling of the file of classified documents. When the collection sheet is closed, classified documents and documents with a deleted classification classification entered in the collection sheet shall constitute an indivisible set of documents; This applies even if the documents are not fixed according to the previous sentence. On the first page of this file, the file character, the shredder character, the year of the shredding procedure, the number of sheets stored, the number and type of documents stored in non-paper form. At the same time, an entry shall be made in the administrative aid for the act number or other registration mark in which the collection sheet is registered.
(5) The collection sheet shall be deposited with the Protocol or with any other administrative document intended for registration in accordance with the second sentence of Paragraph 3 (2) and shall be discarded together with it. A copy of the collection sheet shall be stored for a set of documents produced in accordance with paragraph 4 and shall be included and shall not be counted in the number of sheets. After closing the collection sheet, only the file referred to in paragraph 4 with a copy of the collection sheet may be sent. ';
18.
„§ 8
Copy of the classified document and its particulars
(1) The classified document in paper form shall bear the name of the authority of the State or legal person, or the name and surname of the undertaking of the natural person to whom the classified document was created, the reference number or other registration mark of the classified document, the degree of origin, the date of origin and the place, the number of copies, the number of sheets, the number of secret and non-classified annexes in paper form and, where applicable, the number and type of non-classified annexes in non-paper form, in accordance with Article 15 (2). Additional information may be provided on the classified document. Where annexes, some of which are classified, are annexed to the document, the classification level and other data shall be indicated in accordance with the first sentence even if the document itself does not contain classified information.
(2) The sheets or pages of the classified document in paper form must be numbered continuously. The sheets or pages of the classified annexes in paper form shall be numbered separately. The sheets of the classified document and the sheets of the individual classified annexes in paper form shall be stapled or otherwise firmly joined. For the purposes of indicating the number of sheets of the classified document and of the classified annexes, each sheet shall be considered as one sheet regardless of its format.
(3) An annex in paper form to a classified document shall be identified by the number of the negotiating classified document or other registration mark by indicating on the front of the first sheet on the upper right side: "Annex No... k.... 'or" Annex No... k. If the Annex does not contain classified information, the words "Non-classified Annex No... k....' or" Non-classified Annex No... k. On the front page of the first sheet of the classified annex in paper form, the name of the authority of the State or legal person, or the name and surname of the natural person to whom the classified document was issued, shall be indicated by the original number and the number of sheets. "Annex No... k.... 'or" Annex No... k.... to the register......' and other particulars referred to in Article 17 (1) shall appear on the classified annex in non-paper form. The classification level of each classified annex shall be the same as that of the classified document. If the said particulars cannot be marked on the annex, they shall be marked on the descriptive label or by any other appropriate means. The disconnected attachment shall be handled according to its classification level.
(4) The classified document in non-paper form shall bear the name of the authority of the State or legal person, or the name and surname of the undertaking of the natural person with whom the classified document was created, the degree of secrecy, the date of origin, the reference number of the classified document, or, where the classified document is registered in the administrative documents referred to in the second sentence of Article 3 (2), other registration marks, or, if the Annex No... to the J... 'or "Annex No... to the register....'. If this information cannot be indicated directly on the classified document in non-paper form, it shall be marked on the descriptive label or by any other appropriate means.
(5) Disconnection of the annex and its re-registration or re-registration shall be indicated by a written record on the front of the first sheet, on the top right or, in the case of a classified document, on the record referred to in Article 7 (3) or by any other appropriate means. The written record shall include the Annex which has been disconnected, the date of the disconnection, the new reference number or other registration mark of the unassembled annex, the surname and signature of the person who has made the disconnection and the written record. The unassembled annex, registered under a new number of the act or other registration mark, shall comply with the requirements laid down in paragraph 1, provided that the annex is so marked as "Annex No... k...." or "Annex No... k.
(6) Where more than one copy of the classified document is drawn up, a division and an entry shall be made on the classified document. Any person who makes out a paper of a classified document shall, without delay after its approval, destroy defective copies, copies which are not included in the distribution list, and drafts of an unapproved document of the classified document in such a way as to prevent their reconstruction and identification of the classified information they contain. Similarly, the underlying material shall be destroyed after its use if it is not registered. A classified background material of classification grade reserved for the cleanup of a classified document of classification grade Reserved, paper and non-paper material containing classified information of classification grade Reserved which is neither the original nor the purity of the classified document shall be intended for the preparation of such document; for example, it is a material which arises at the hearing and is the basis for the resulting classified document or official conclusion of the hearing, or a copy of the classified document. The underlying material shall be prepared by the processor only for his own use. If the underlying material becomes part of the document's purity, it shall be recorded. When the cryptographic document2a is completed, the background material shall not be produced.
(7) On a copy of a classified document drawn up in several copies, the distributor and the record, in accordance with the model set out in Annex 9 to this Regulation, shall be drawn up only on a copy of a classified document intended for storage. The divider and the alert shall always be indicated on a separate sheet accompanying the classified document, in the event that it is not possible to enter it in its entirety on the classified document. The divider and the record shall also be entered on a separate sheet accompanying the classified document, in the event that the list of all addressees is not included in the Protocol or in any other administrative document intended for registration in accordance with the second sentence of Article 3 (2). Where the distributor and the record are on a separate sheet, it shall be part of a classified document but shall not be included in the number of sheets and the classified document shall be indicated "Dividend attached '. When a classified document containing a distributor and an entry on a separate sheet is destroyed due to the non-listing of all addressees in the Protocol or in another administrative document intended for registration in accordance with the second sentence of Article 3 (2), a copy of it shall be made and deposited with the relevant Protocol or with another administrative document intended for registration in accordance with the second sentence of Article 3 (2). Following written notification to the addressees of the deleted classification level of the classified document, a copy of the division and the record shall be destroyed.';
19. In Section 9, paragraph 6 is added:
"(6) The accompanying document shall not be produced in the course of the transport of a classified document in non-paper form, provided in international contact, the classification level Reserved or under Part Four of this Order. ';
20. Paragraph 10, including the title, reads:
„§ 10
Processing, storage and lending of a classified document and file
(1) The processing of a classified document shall in particular mean the processing of its design, approval, making up, signing and publishing of a decision or other form of execution. The processing of the file shall be treated in a similar manner to the processing of the document; its processing shall be completed only after all the documents included therein have been completed.
(2) Upon completion, the classified document or file shall be returned to the person in charge of the Protocol for storage. The document or file shall be accompanied by a file character, a shredder character and the year in which the shredder proceedings will be carried out before it is filed; if it is returned in a sealed envelope, the envelope shall be signed and marked with a security classification number, the reference document number or other registration mark of the classified document or file, the method of execution, the number of sheets deposited, the number and type of annexes in non-paper form, and, where appropriate, their registration mark, the file number, the shredder mark and the year in which the shredding procedure will be carried out.
(3) Completed classified documents and completed and closed files shall be stored according to the physical groups, file characters or numbers, as determined by the responsible person. When dealing with classified documents, all classified documents relating to the same item may be linked to the file. The classified documents stored in the file shall be physically linked together and stored chronologically, as a general rule, ascending or descending. The classification level shall be visibly indicated on the file. The classified documents stored in the file shall be kept on the list of classified documents contained therein and shall not be included in the number of sheets stored.
(4) A classified document or file deposited may be lent, within the authority of a State, a legal person or an operating natural person, or their organisational parts, in which it is registered, for the period strictly necessary to the natural person who fulfils the conditions laid down in Article 6 (1) of the Act. With the agreement of a senior official of an authority of a State, a legal person or an undertaking natural person, in exceptional cases justified, may be transferred to another person who fulfils the conditions laid down in Article 6 (1) of the Act for the period strictly necessary.
(5) A copy of the classified document which has been returned to the Protocol or to the administrative assistance provided for in the second sentence of Article 3 (2) in which it is registered and which is not intended to be stored or used for further use (hereinafter referred to as the "excessive copy") may be destroyed by a commission. The destruction shall be carried out in such a way as to prevent the reconstruction of the classified document and the identification of the classified information it contains; a written record of this destruction shall be taken. ';
21. in Article 11 (1) and (2):
"(1) The consignment shall be received by the person in charge of the Protocol or by the person responsible for receiving the consignments, who shall confirm the receipt of the consignment to the bearer. Where a consignment is accepted by a person designated to receive the consignments, it shall be forwarded without delay for registration.
(2) If there is a defect in the consignment delivered, in particular if there are no stamps on the envelopes or if they are damaged, if the envelope is torn or it is clear that the contents of the classified document may have been familiarised by an unauthorised person (6), or if it is found that the number of sheets or annexes does not agree with the consignment, or if the document does not comply with the requirements of the classified document, the designated person shall immediately write a record thereof; the consignment is registered according to its actual status. A copy of the alert shall be sent to the consignor. That fact shall be immediately notified to the Security Director of the addressee or the person authorised by him. ';
22. in Article 11 (3) and in Article 19 (2), the word "name" shall be deleted;
23. Paragraph 12 (1) reads:
"(1) The classified document shall be documented in a verifiable manner. A classified document in paper form, received or generated in a State authority, with a legal person, an undertaking or in its constituent parts which keep records of classified documents, shall be registered in the Protocol of Procedure in accordance with the instructions set out in Annex 1 to this Order or the Collection Sheet (Section 13 (1)). A classified document in non-paper form may be registered in the Rules of Procedure, the Register of Assembly (Section 13 (1)) or in another administrative aid provided for in the second sentence of Article 3 (2). The record shall be carried out by the person in charge of the Protocol. A classified document of a classified classification grade shall be registered in a separate protocol. Secret and Confidential classified documents may be registered together with classified classified classified documents of the classified classification level Reserved, unless otherwise specified. ';
24. In Article 12 (5), the words "or delivery" shall be inserted after the word "handling."
25. In Article 12 (6), at the end of the text of the first sentence, the words "and if the consignment is found to be defective, it shall be treated mutatis mutandis in accordance with Article 11 (2) '.
26. In Paragraph 12 (7), the words "in handling 'are replaced by the words" in handling'.
27. in Article 12 (8), the words "the allocation of the number of negotiations" shall be replaced by the words "the allocation of serial numbers" and the words "or other administrative aids referred to in the second sentence of Article 3 (2)" shall be deleted;
28.
„§ 13
Collection sheet
(1) When creating a collection sheet, the classified document establishing the collection sheet shall be recorded in the relevant protocol and shall be entered in the collection sheet under order number one. Registration of classified documents in the collection sheet shall be carried out in accordance with Annex 7 to this Order.
(2) In the collection sheet, classified documents may be recorded only at the same level of secrecy.
(3) Each classified document entered and registered in the collection sheet shall bear the reference number of the classified document to which the collection sheet was established. Individual classified documents registered and registered in the collection sheet shall be distinguished in the number of the negotiating classified document by the serial number of the collection sheet referred to in Article 4 (1) (b).
(4) The closure of the collection sheet shall be done by stressing the whole of the last entry, ending the allocation of the collection sheet serial numbers. The record with the date of closure of the collection sheet, the total number of classified documents kept and the number and type of documents in non-paper form of the collection sheet, the surname and signature of the person making the alert shall be entered under the underline. The classified documents recorded and registered in the collection sheet shall be closely linked when closed, if physically possible and would not give rise to disproportionate difficulties in the subsequent handling of the file of classified documents. When the collection sheet is closed, classified documents and documents with a deleted classification classification entered in the collection sheet shall constitute an indivisible set of documents; This applies even if the documents are not fixed according to the previous sentence. On the first page of this file, the file character, the shredder character, the year of the shredding procedure, the number of sheets stored, the number and type of annexes in non-paper form. At the same time, an entry shall be made in the Rules of Procedure in which the collection sheet is registered.
(5) The collection sheet shall be deposited with the Rules of Procedure and shall be removed with it. A copy of the collection sheet shall be stored for a set of documents produced in accordance with paragraph 4 and shall be included and shall not be counted in the number of sheets. After closing the collection sheet, only the file referred to in paragraph 4 with a copy of the collection sheet may be sent. ';
29. in Article 15 (1), the words "date of completion" shall be replaced by the words "date of origin and place."
30. In Article 15 (2), the last sentence is replaced by the following: "If an annex to a classified document is to be attached to a classified document, at least one of which is above the classified document, the classified document shall indicate the classification level according to the Annex with the highest classification level. Where a classified document is composed of several parts, the level of the security shall be indicated on the accompanying part, containing the reference number, in accordance with the maximum security classification in accordance with the model set out in Annex No 8a to this Regulation. ';
31. in Article 15 (3), the sentence "If the said particulars cannot be marked on the annex, they shall be marked on the descriptive label or in any other appropriate way."
32. In Article 15, paragraphs 5 and 6 are added:
"(5) The disconnection of the annex and its new registration or re-registration shall be indicated by a written record on the front of the first sheet, on the top right, or, in the case of a classified document, on the record referred to in Article 12 (2), or by any other appropriate means. The written record shall contain the Annex which has been disconnected, the date of the disconnection, the new registration mark of the unassembled annex, the surname and signature of the person who made the disconnection and the written record.
(6) The disconnected annex, registered under a new number of the reference or other registration mark, shall comply with the requirements laid down in paragraph 1 and, if annexed, the new indication "Annex No... k... 'shall be indicated.'.
33.
„§ 16
Copy of the classified document
(1) Where more than one copy of the classified document is drawn up, a division and an entry shall be made on the classified document. A copy of the classified document shall be drawn up in the number of copies shown in the distribution form. Those who produce the purity of the classified document shall immediately destroy the defective copies, the copies not contained in the division and the proposals for the non-approved purity of the classified document in such a way as to prevent their reconstruction and identification of the classified information they contain.
(2) On a copy of a classified document drawn up in several copies, the distributor and the record, in accordance with the model set out in Annex 9 to this Regulation, shall be drawn up only on a copy of a classified document intended for storage. The divider and the alert shall always be indicated on a separate sheet accompanying the classified document, in the event that it is not possible to enter it in its entirety on the classified document. The divider and the record shall also appear on a separate sheet accompanying the classified document, in the event that the list of all addressees is not included in the administrative documents to be kept in the register. Where the distributor and the record are on a separate sheet, it shall be part of a classified document but shall not be included in the number of sheets and the classified document shall be indicated "Dividend attached '. When a classified document containing a distributor and an entry on a separate sheet is destroyed due to the failure to list all the addressees in the administrative tools intended for registration, copies of it shall be made and stored with the relevant administrative equipment intended for registration. Upon written notification to the addressees of the deleted classification level of the classified document, a copy of the division and the record shall be destroyed.
§ 17
Forms of the classified document in non-paper form
(1) A classified document in non-paper form shall bear the name of the authority of the State or legal person, or the name and surname of the natural person to whom the classified document originated, the date of origin, the reference number of the classified document or any other registration mark under which the classified document is registered in non-paper form, and the degree of secrecy, or, if an annex to the designation "Annex No... k...... '.
(2) Where the information referred to in paragraph 1 cannot be affixed directly to a classified document in non-paper form, it shall be marked on the descriptive label or by any other appropriate means.
(3) A secret document in non-paper form shall be provided for transport by means of a accompanying document containing the particulars referred to in Article 15 (1) and (2).
§ 18
Recording of notes and sub-data containing classified information
(1) Notes or sub-data containing classified information shall be recorded only in a notebook or book which has been modified in accordance with Section 3 (3) before being taken into use and marked with an appropriate classification level or in a certified information system. The record of the notebooks or books issued shall be kept by the Security Director, or by the person authorised by him, or by the person in charge of the Protocol.
(2) Notebooks or books for recording notes and sub-data, containing classified information, shall be stored in a similar manner to a classified document of the same grade and shall always be transmitted in a portable mailbox. The appropriate classification level shall be indicated in the notebook or book in the case of a document of the number of sheets indicated in accordance with Article 3 (3) and in an appropriate manner on the packaging of the notebook or book. ';
34. In Paragraph 19 (1), the sentence "Translation means, for the purposes of this Decree, the significant identical transfer of the original of the classified document into another language 'is inserted after the first sentence.
35. In Article 19, the words "and shall not count in the number of sheets' shall be added at the end of the text of paragraphs 2 and 3.
36. In Article 19 (4), the word "name 'and the word" name' are deleted.
37. in Article 19 (5), the words "or a copy" shall be inserted after the words "shall appear on the copy" and the words "or copies shall be added at the end of the text of the paragraph."
38. In Article 19, the following paragraph 6 is inserted after paragraph 5:
"(6) The word" TRANSLATION "and the particulars referred to in § 15 (1), (2) and (4) shall appear on the front page of the first sheet on the document. '
Paragraph 6 shall become paragraph 7.
39. in Paragraph 19 (7), the words "on an removable medium or" shall be deleted and the words "shall be added at the end of the text of the paragraph, which shall be accompanied by the particulars referred to in Article 15 (1), (2) and (4)."
40. In Article 20 (1), the words "other administrative assistance referred to in the second sentence of Article 3 (2) shall be inserted after the words" shall be indicated in the Protocol, "
41.Paragraph 20 (2) reads:
"(2) The transmission of a classified document shall take place within the authority of the State, of a legal person or of an undertaking by means of a delivery book, or
(a) between the organisational components by means of the negotiating protocols, other administrative aids intended for registration in accordance with the second sentence of Paragraph 3 (2); or
(b) within an organisational component, by means of an auxiliary protocol, unless there is, by means of a protocol, other administrative tools intended for registration in accordance with the second sentence of Article 3 (2), or after approval by the responsible person or the Security Director, and by means of a handling book. ";
42. In Paragraph 21 (2), the words "transported by courier service" are deleted.
43. In Paragraph 22 (6), the words "and shall not be counted in the number of sheets' shall be inserted after the words" intended for storage '.
44. At the end of the text of the headings § 23 and 25, the words "or the file 'shall be added.
45. in Articles 23 (1), (2) and (3) and 25 (2), the words "or file" shall be inserted after the words "classified document."
46. In Article 23, the words "or the file shall be added at the end of the text of paragraph 2 and shall not be included in the number of sheets'.
47. § 24, including the title reads:
„§ 24
Saving a classified document or file after processing
(1) Upon completion, the classified document or file shall be returned to the person in charge of the Protocol for storage. Before the document or file is stored, it shall bear the file character, the shredder's mark and the year in which the shredder's procedure will be carried out. If it is returned in a sealed envelope, the envelope shall be signed and marked with a classification mark, a reference number or other registration mark of the classified document or file, the procedure for processing, the number of sheets deposited, the number and type of annexes in non-paper form, and, where applicable, their registration mark, the file character, the shredder mark and the year in which the shredding procedure will be carried out.
(2) Completed classified documents and completed and closed files shall be stored according to the physical groups, file characters or numbers, as determined by the responsible person. When dealing with classified documents, all classified documents relating to the same item may be linked to the file. The classified documents stored in the file shall be physically linked together and stored chronologically, as a general rule, ascending or descending. The file containing classified documents shall be visibly marked with the highest classification level of classified documents stored therein. The classified documents stored on the file shall be kept on the list of classified documents contained therein.
(3) Excessive copies of classified documents may be destroyed. Excessive copies shall be destroyed by the Security Director or the person authorised by him and the person in charge of the Protocol in such a way as to make it impossible to reconstruct and identify the classified information they contain and to confirm the destruction of them by signatures in the division. ';
48. In Paragraph 25 (1), the words "or file 'shall be inserted after the words" classified document'.
49. At the end of Paragraph 25 (2), the following sentence shall be added: "With the agreement of the head of the authority of the State, legal person or natural person involved, the file deposited may, in exceptional cases, be transmitted to another person who fulfils the conditions laid down in Article 6 (1) of the Act for the period strictly necessary."
50. In Article 25 (3), the words "or file 'shall be inserted after the words" classified document'.
51. in Paragraph 25 (4), the words "or files" shall be inserted after the words "classified documents."
52nd Paragraph 26 (7) reads:
"(7) The Central Register shall keep lists of Office staff who may access classified information from the North Atlantic Treaty Organisation, the European Union or other classified information provided in international contact. The lists shall include in particular:
(a) the name of the Office;
(b) registration or other marking,
(c) the foreign authority whose classified information is to be accessed;
(d) date,
(e) the names and surnames of persons who may be granted access to classified information;
(f) the signature of the responsible person, the authorised person or the Security Director.
The lists shall be updated and stored in the register for at least 5 years after their expiry and shall then be destroyed. ';
53. In Paragraph 26 (9), the words "abroad 'are deleted and the word" courier' is replaced by the words "proceed mutatis mutandis in accordance with Section 22, the courier is'.
54. In Paragraph 27 (1) of the Introductory Part of the provision, the word "institution 'is replaced by" if an institution is to have' and the words "access to classified information of a foreign authority 'are inserted after the words" access to classified information of a foreign authority', and the words ", where appropriate, with a breakdown into auxiliary registers or checkpoints' are added at the end of the text of point (e).
55. In Paragraph 27, the following paragraph 2 is inserted after paragraph 1:
"(2) Only a natural person holding a valid classification certificate of a natural person for which a registry, an ancillary register or a control point has been established and if a registry, an ancillary register or a control point has also been established for classified information by the North Atlantic Convention Organisation, as well as by the holder of a relevant certificate of foreign authority may be included in the register, ancillary register or control point. ';
Paragraphs 2 to 12 shall be renumbered paragraphs 3 to 13.
56. Paragraph 27 (9) to (13) reads as follows:
"(9) The control sheet referred to in Article 3 (1) (f) shall be stored in the register for at least 10 years after the exclusion or dispatch of the classified document in the case of a classified document, in the case of a classified document, in the case of a Top Secret level, or for at least 5 years in the case of a classified document. At the end of that period, the person in charge of the Protocol shall destroy the control sheet.
(10) The receipt referred to in Article 21 (2) on the receipt of a classified document provided in international contact shall not be part of a classified document, shall not be included in the number of sheets and shall be deposited together with the classified document until such time as it is discarded or dispatched. Once the classified document has been removed or dispatched, the receipt shall be kept in the register for at least 10 years in the case of a classified document for a confidential classification grade, or for at least 5 years in the case of a classified document for a lower classification level. Upon expiry of that period, the person in charge of the Protocol shall destroy the receipt of the classified document.
(11) The register shall keep a list of persons who may be allowed access to classified information of the North Atlantic Treaty Organisation, the European Union or other classified information of other outside bodies in the registry within the authority of the State, legal person or business natural person with whom the registry is established. The lists shall be updated, in particular containing the name of the register and the particulars referred to in Article 26 (7) (b) to (f), and shall be stored in the register for at least 5 years after their expiry and shall then be destroyed.
(12) The register shall keep a list of subordinate auxiliary registers and checkpoints, including names, surnames and signatures of the senior auxiliary registers and checkpoints and their representatives.
(13) The register shall carry out a security clearance check of classified documents of a classified level of Top Secret and Secret registered in the registry on 31 December of the calendar year and shall send a report of the security clearance of the classified information kept in the registry to the Central Registry by 15 February of the following calendar year, together with an indication of the number of classified documents and their security levels in the registry. The model of the report on the control of classified information kept in the register is set out in Annex 13 to this Regulation. ';
57. In Paragraph 27a, the words "store and send" in paragraph 1 shall be replaced by "and" shall be added at the end of the text of paragraph "; they shall be sent to another register or other auxiliary register only through the register in which the auxiliary register was established and within the register to another ancillary register."
58. in Article 27a, paragraph 3 is deleted;
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
(59) Paragraph 27a (3) and (4) read:
"(3) Article 27 (5), (6), (9) and (10) shall apply mutatis mutandis to classified documents provided in international contact to the auxiliary register.
(4) The Auxiliary Register shall be kept within the authority of the State, legal person or business natural person with whom the Auxiliary Register is established by means of lists of persons who may be granted access to classified information of the North Atlantic Treaty Organisation, the European Union or other classified information provided in international contact in the Auxiliary Register. The lists shall be updated, in particular containing the name of the register and the particulars referred to in Article 26 (7) (b) to (f), and shall be stored in the register for at least 5 years after their expiry and shall be destroyed. ';

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Regulation Information

CitationDecree No. 275 / 2015 Coll., amending Decree No. 529 / 2005 Coll., on administrative security and on classified information registers, as amended
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation23.10.2015
Effective from01.01.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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