Decree No. 275 / 2022 Coll.
Ordinance on administrative security and classified information registers
Valid
Order
Effective from 01.01.2023
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275
DECLARATION
of 14 September 2022
on administrative security and classified information registers
Pursuant to Section 158 of Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Capability, as amended by Act No. 255 / 2011 Coll. and Act No. 205 / 2017 Coll., ("the Act '), the National Security Authority provides for the implementation of Sections 23 (2) and 79 (8) of the Act:
INTRODUCTORY PROVISIONS
Subject matter
This decree provides
(a) the types of administrative assistance, its formalities and the organisational and technical requirements for their management and the scope of the cover materials of the classification grade reserved for a classified document of the classification grade Reserved (hereinafter referred to as the "underlying material");
(b) the way in which classified information is classified, irrespective of its form, ("the classified document"),
(c) the particulars of the consent to obtain the copy, copy, extract and translation of the classified document, the means of marking the particulars thereof and the way in which the extract is made;
(d) details of the transport, transfer, take-over and lending of the classified document and other handling related thereto, including the organisational arrangements for such activities, the requirements for portable containers and packaging and the marking of the relevant particulars thereof;
(e) the organisation and operation of the central register, the register, the ancillary register and the activity of the control point, the content of the written request for the establishment of the register, the conditions for the establishment, the content and the manner in which the register is maintained, the extent of the changes in the register notified to the National Security Office (hereinafter "the Office") and the procedure for the revocation of the register.
Definition of terms
For the purposes of this decree:
(a) a classified document in non-paper form, a classified document in a material form other than paper, except for the medium of information which is part of a certified information system;
(b) a secret document in paper or non-paper form, equipped for transport, transported or delivered to the place of destination at the end of its transport and opening;
(c) by transporting a consignment of it out of the premises (§ 24 (2) of the Act) to a State authority, a legal person under § 60b of the Act or an entrepreneur for the purpose of its delivery to the addressee,
(d) by transferring a classified document in paper or non-paper form to an authority of the State, a legal person or an entrepreneur whose purpose is not to be served,
(e) any kind of briefcase, suitcase, portable safety deposit box or courier bag,
(f) documents linked by file relating to the same item or documents registered in the collection sheet;
(g) a place of registry for the registration of classified documents within a State authority, a legal person pursuant to Article 60b of the Act or an entrepreneur, or its organisational parts, as determined by the responsible person or by an authorised person, and, as a general rule, for the storage and disposal of completed classified documents.
Administrative aids
(1) In particular, the following shall be regarded as administrative aids:
(a) the Protocol to register a classified document; The Protocol contains the items in accordance with the model set out in Annex 1 to this Order,
(b) an auxiliary protocol for recording the movement of a classified document within a State authority, a legal person under Section 60b of the Act or an entrepreneur; the auxiliary Protocol contains the items in accordance with the model set out in Annex 2 to this Decree,
(c) a handbook for recording a classified document when creating, taking over and transmitting it; The handling book shall contain the items in accordance with the model set out in Annex 3 to this Decree,
(d) a delivery book for recording the transmission of a classified document; the delivery book shall contain the items in accordance with the model set out in Annex 4 to this Order,
(e) a loan book for the recording of loans deposited with a classified document; the loan book contains items in accordance with the model set out in Annex 5 to this Decree,
(f) a list of persons who have become familiar with the contents of a classified document or file with a State authority, a legal person under Article 60b of the Act or an entrepreneur; the control sheet contains the items in accordance with the model set out in Annex 6 to this Decree,
(g) a collection sheet for the extension of the record in the Protocol in the case of registration of a greater number of classified documents on the same subject; the collection sheet shall contain the items in accordance with the model set out in Annex 7 to this Decree.
(2) The administrative aids referred to in paragraph 1 (a) to (e) are in the form of a book or notebook and the administrative aids referred to in paragraph 1 (f) and (g) are in the form of a sheet.
Leading administrative tools in paper form
(1) The administrative aids referred to in Article 3 (1) (a) to (e) must be authenticated before they are taken into use in such a way that their leaves are numbered and stitched continuously, the ends of the stitching are glued on the inside of the boards, the stamp being stamped by the authority of the State or legal person referred to in Article 60b of the Act, the business name or the name of the entrepreneur, and the signature of the responsible person, or the authorised person or the security director, or persons authorised by him, shall be affixed beyond the margin of the transfer; in the case of use of transparent adhesive tape, the ends of the stitching, the stamps and signatures shall be applied only subsequently. In addition, a clause on the number of sheets and the signature of the responsible person or the authorised person or the Security Director or the authorised person shall be provided and the date on which the administrative means of use are allocated. A person responsible for the management of the Protocol may not be authorised to sign the first and second sentences of the Protocol; This shall not apply where the person responsible is the person responsible for the management of the Protocol, provided that he is simultaneously acting as Security Director. The authorisation shall be written and shall be kept until the abovementioned administrative equipment has been discarded.
(2) Before taking up its duties, the responsible person or the authorised person or the Security Director or the authorised person or person responsible for the management of the Protocol shall enter his signature on the collection sheet. The person leading the collection log may not be authorised to sign.
(3) The administrative aids referred to in Article 3 (1) (a) to (e) must be registered. The record shall be kept by the Security Director or by the authorised person or person in charge of the Protocol.
(4) The data are entered in the administrative aids by means of a means of ensuring the durability of the font, or by a stamp. The correction of the entry in administrative aids shall be done by crossing out the original entry in such a way that it remains legible and by making a new entry indicating the date, name, surname and signature of the person who corrected the entry.
(5) The Rules of Procedure and the Collection Log may only be stored in such a way as to protect them against loss or abuse.
(6) The Rules of Procedure, the Auxiliary Protocol and the Delivery Book may be excluded only if all classified documents registered or recorded therein have been excluded.
Control sheet
(1) For a classified document of a confidential, secret or top secret level, or for a classified document of a foreign power of a classified classification of a confidential, secret or top secret level, or for a file containing classified documents of a confidential, secret or top secret level, a surveillance sheet must be drawn up.
(2) The certificate shall be drawn up by:
(a) to the classified document referred to in paragraph 1, the person in charge of the management of the Protocol on the registration of the classified document or the person who becomes familiar with the contents of the classified document or the person who draws up the classified document; the person drawing up the control sheet shall be the first to enter it,
(b) the file referred to in paragraph 1 by the person in charge of the Protocol.
(3) A person who has access to a classified document of a confidential, secret or top secret level shall confirm that he / she is familiar with the contents of the classified document by signing the control sheet. 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 of the file may be replaced by the entry on the records of the file, provided that the entry contains at least the information shown on the control sheet in accordance with the model set out in Annex 6 to this Order. Reporting services may replace the entry in the control sheet by other means, provided that they ensure that data are kept to the same extent as the data contained in the control sheet, ensure traceability of changes to the classified document or file and that the data are kept for at least the same time as the control sheet is kept; This does not apply to the control sheet of a classified document of foreign power.
(4) The checklist shall be kept with the classified document or file pending its removal, dispatch or cancellation. After the release, dispatch or cancellation of the classification level of the classified document or file referred to in paragraph 3, the control sheet or records shall be kept at the registration place where the classified document or file was registered for at least 5 years, unless otherwise provided for in Article 31 (3); the control sheet may be destroyed after that period.
Electronic management of administrative aids
(1) Individual administrative aids may be kept in electronic form, provided that they contain all the prescribed items referred to in Section 3, and the system through which they are conducted is secured against unauthorised interference and against access by persons not authorised to do so records all changes or repairs made in a demonstrable manner and is approved by the responsible person.
(2) An electronic file service system which complies with the requirements of the Archiving and File Service Act and which is part of the information system handling classified information (Section 23 (3) of the Act) may also be used to manage the administrative aid provided for in Section 3.
(3) The administrative aids referred to in Article 3 may be carried out in electronic form or in an electronic file service system only if they can be transferred to paper form or transferred to PDF / A format and they can be displayed as separate documents and signed by electronic signature or seal of electronic seals, followed by an electronic time stamp under the Trust Services Act for Electronic Transactions, or replaced by such means in accordance with the Archiving and File Service Act.
(4) Where the Protocol or the Auxiliary Protocol are kept in electronic form, their transfer shall be made to the paper form no later than the end of the following calendar year following the closure of the register in the calendar year referred to in Article 12 (3), when the person responsible for their management changes, where appropriate, and shall be adjusted in accordance with Article 4 (1). Where the conduct of a protocol or auxiliary protocol in electronic form allows their transfer to PDF / A format and their representation as separate documents and the signature by electronic signature or seal of electronic seals and, subsequently, by electronic time stamp in accordance with the law on trust services for electronic transactions, or the replacement of such funds in accordance with the law on archiving and writer's service, there is no need to transfer the protocol or auxiliary protocol into paper form.
(5) The person responsible shall ensure that all amendments are recorded in the Protocol and the Auxiliary Protocol. Where the protocol is conducted in an electronic file service system, it shall be carried out after the exclusion of all classified documents registered in the relevant calendar year by the transfer to PDF / A format and other acts referred to in the second sentence of paragraph 4.
(6) The Rules of Procedure, the Auxiliary Rules of Procedure and the delivery books which are kept in electronic form may be discarded only if all classified documents registered or recorded therein have been destroyed.
Reference of the classified document
(1) The reference document number shall consist of:
(a) abbreviation of the classification level for the classification level
1. Top secret abbreviation "PT,"
2. Secret abbreviation "T."
3. Confidential abbreviation "D,"
4. Excluded abbreviation "V,"
(b) the serial number of the relevant Protocol; in the case of use of the pane, the coupling and the serial number of the pane shall be marked behind the serial number;
(c) slash,
(d) the year in which the serial number referred to in (b) was assigned,
(e) the coupling,
(f) the designation of the authority of the State or its organisational part, a legal person under Section 60b of the Act or an entrepreneur with whom the reference number has been assigned.
(2) The number of the hearing may include additional information or characters established by a State authority, a legal person under Section 60b of the Act or an entrepreneur; in the case of classified documents of foreign power, the reference number shall contain the relevant abbreviation by originator. Such data or characters shall be separated from the data and characters referred to in paragraph 1 by a link. The abbreviation in the first sentence is "EU 'for the European Union, the North Atlantic Treaty Organisation" NATO' and for other entities of foreign power "OSCM '.
(3) In the case of the registration of a classified document in administrative aids kept in electronic form or in an electronic file service system, the reference number in any order shall contain the particulars and characters referred to in paragraphs 1 and 2. When transferring administrative equipment in electronic form to paper form, when transferring the output from the electronic file service system, which allows the management of the administrative aid in accordance with § 3 (1), to the paper form, when transferring administrative equipment in electronic form to PDF / A format and when transferring the output from the electronic file service system, which allows the management of the administrative aid in accordance with § 3 (1), to PDF / A format, the composition of the reference number shall correspond to paragraphs 1 and 2.
Classification
(1) The classification level must be indicated in capital letters, written by word or stamp, in the case of classified classified information classified by classified information classified by the word "SECRET," in the case of classified information classified by the word "SECRET," in the case of classified information classified by the word "CONFIDENTIAL" and in the case of classified information classified by the word "SECRET." Where a classified document contains classified information in accordance with Article 21 (3) of the Act, the additional marking shall be indicated as a marked classification level; In the case of additional marking "Releasable to / Releasable to 'shall be treated mutatis mutandis. The additional marking referred to in the second sentence shall not contain a territorial limitation on the validity of the secrecy. The level of confidentiality shall also be indicated on the envelope or packaging in which classified documents are entered, unless otherwise specified in Section 22 (3).
(2) The classified document in paper form shall be marked in the middle of the upper and lower edges of each side of the classified document containing the information. In the case of a classified document of a foreign authority, the classification level, including the abbreviation provided for in Article 21 (2) of the Act, shall be indicated at least in the middle of the top of the front of the first sheet of the classified document. If it is not possible to mark the classification in accordance with the first and second sentences, it shall be marked in another way.
(3) The level of confidentiality may also be indicated in the framework of the further classification of the classified document by:
(a) part of a classified document; or
(b) one or more successive paragraphs (hereinafter referred to as "section of text");
classified information contained therein. In the case of a part, the classification shall be indicated in accordance with the first sentence of paragraph 2. For the relevant section of the text, the classification level shall be indicated in brackets at the beginning and at the end of the section of the text verbally referred to in paragraph 1 or using the abbreviation "(PT) 'for the classification level Top Secret," (T)' for the classification level Secret, "(D) 'for the classification level Confidential and" (V)' for the classification level Reserved. In the event of a classification level being indicated on the same side of the classified document, the appropriate classification level shall be indicated for all sections of the text containing classified information and for sections of the text which do not contain classified information, in brackets at the beginning and at the end of the section of the text shall be marked in capital letters in writing or stamped with the word "NEUTAILED 'or abbreviation" (N)'.
(4) The originator shall be entitled to mark on a classified document sections of text which do not contain classified information by indicating in brackets at the beginning and at the end of the section of text the word "UNEUTAYED 'or abbreviation" (N)' in capital letters or stamp.
(5) If it is not possible to indicate the classification level directly on the classified document in non-paper form, it shall be indicated on the descriptive label or by other means.
(6) The limitation of the classification level provided for in Article 22 (3) of the Act shall be indicated by indicating on the front page of the first sheet of the classified document in paper form below the upper indication of the classification level and, in the case of a classified document in non-paper form, the words "INCLUDING DO 'and the period for which the classified document will be classified. The first sentence shall apply mutatis mutandis to the classified part or the classified annex of the classified document.
Amendment or revocation of the classification level
(1) The amendment or cancellation of the classification level must be indicated on the file, the classified document, part or section of the text 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 indicated at the original classification level. The amendment or cancellation of the classification level shall be confirmed by a record on the file, the classified document, part or part of the text, stating the reason, the date of implementation, the name, surname and signature of the person who has indicated the change or cancellation of the classification level. The file lent or the classified document shall be returned without delay to the Protocol to make an alert on the revocation or amendment of the classification.
(2) A change in the classification level of a classified document or file consisting of classified documents registered in a collection sheet shall be recorded in the Protocol and such a classified document or file 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 under which such classified document or file has been newly registered. Where classified documents or files, as referred to in the sentence of the first different degrees of classification, are registered in one of the Rules of Procedure, the amendment to the classification level shall be made by crossing out the abbreviation of the classification level, indicating the abbreviation of the new classification level and recording in the Rules of Procedure. Similarly, a change in the classification level shall be made in the case of a classified document or file, in accordance with the first sentence of the Auxiliary Protocol, where it is conducted, and in the handling book of the person carrying the classified document.
(3) An entry shall be made in the Protocol on the abolition of the classification level of the classified document or file referred to in the first sentence of paragraph 2 and in column 1 the abbreviations of the classification level shall be crossed out. Similarly, the cancellation of the classification level shall be carried out on the classified document or file referred to in paragraph 2 in the first sentence of the Auxiliary Protocol, where it is conducted, and in the handling book of the person holding the classified document or file referred to in paragraph 2 in the first sentence of the first sentence.
(4) In the collection sheet, the change or cancellation of the classification level shall be carried out by crossing out the abbreviation of the classification level in the column "Number of items' and, in the case of a change in the classification level, the abbreviation of the new classification level shall be indicated and the classified document re-registered. The entry must be entered in the column" Note 'and, if the collection sheet has not been closed, the reference to the reference to the reference number under which the document was newly registered, the date of the re-registration, the name, surname and signature of the person who made the alert and the re-registration.
(5) If the amendment or cancellation of the classification level of the classified document in electronic form, which was created in the electronic file service system, which is part of the certified information system, pursuant to Article 23 (3) of the Act, cannot be indicated in accordance with paragraph 1, it shall be marked otherwise, for example using the tools of the electronic file service system.
MANIPULATIONS WITH SECRET DOCUMENTS
Receipt of the consignment
(1) The consignment shall be accepted and taken over by the bearer by the person in charge of the Protocol or by the person designated for the receipt of the consignments. Where a consignment is accepted by a person designated to receive the consignments, it shall be forwarded without delay for registration.
(2) Where a defect occurs in the case of a consignment delivered, in particular if the marks are not on the envelopes or if the envelope is damaged, the envelope is torn or it is clear that the contents of the classified document could be accessed by an unauthorised person in accordance with § 2 (b). (h) the law or, when the consignment is opened, it shall be established that the number of sheets or annexes does not agree, or, if the document does not contain the particulars of the classified document, the person who took over the consignment shall write an alert immediately. 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 the defect detected without delay.
(3) If it is found, after opening the consignment, that the classified document has been addressed to another addressee, the consignee shall register it and send it immediately to the correct addressee and inform the consignor thereof or return it to the consignor. The first page of the classified document must appear on the front page "Delivered by mistake ', the name and address of the authority of the State or legal person in accordance with Section 60b of the Act, the business name and address of the entrepreneur or the name, surname and address of the entrepreneur who received the classified document by mistake, and the date, name, surname and signature of the person in charge of the Protocol.
(4) Where a classified document is transferred by a person who is not intended to receive the consignments referred to in paragraph 1, it shall be transmitted without delay to the person in charge of the Protocol for registration. A classified document shall always be transmitted against signature in a handling or delivery book; This does not apply to a classified document of the level of classification reserved if the responsible person provides for an exemption from the obligation to confirm takeover pursuant to § 23 (1) (b) of the Act. The conditions laid down in Articles 23 (4), (5) and 24 (1) shall be met when transporting or transmitting a classified document taken over in accordance with the first sentence.
(5) The consignment delivered on the inner envelope or packaging shall not be opened by the person in charge of the Protocol. the consignment shall register unopened and transmit it directly to the addressee who, if found defective in the case of the consignment, shall proceed mutatis mutandis in accordance with paragraph 2. 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 and ensure that the information referred to in Article 11 (3) is marked on the classified document.
Registration of a classified document
(1) A classified document delivered or arising from a State authority, a legal person pursuant to Article 60b of the Act, an entrepreneur or an organisational component thereof which keeps a register of classified documents must be registered in the Protocol of Procedure according to the instructions set out in Annex 1 to this Order or to the Collection Sheet as set out in Annex 7 to this Order. The register shall be carried out by the person in charge of the Protocol, the register may be carried out by the processor. A classified document of classified grade Top Secret must be registered in a separate protocol. The classified documents of the classified classification grade Reserved, Confidential and Confidential may be registered together, unless otherwise provided in paragraphs 2, 13 (2), 29 (3), 31 (1) or 32 (3).
(2) A classified document of a foreign power of a classified level which corresponds to the level of security reserved shall be registered in a separate protocol and may be sent separately or as an annex to a classified document of a foreign power. The Rules of Procedure shall be conducted separately for classified documents of the Organisation of the North Atlantic Treaty, European Union classified documents and classified documents of other foreign entities.
(3) The classified document delivered must be marked with:
(a) the name of the consignee;
(b) the date of registration;
(c) the number of the contact person;
(d) the number of sheets;
(e) the number of annexes and the number of their sheets; for non-paper annexes, their number and type;
(f) any other information.
(4) Correction of registration on a classified document shall be made in accordance with the second sentence of Article 4 (4).
(1) For the purposes of recording the movement of a classified document from the negotiating protocols to the organisational components which do not lead to the negotiating protocols, the authority of the State, the legal person referred to in Article 60b of the Act or the entrepreneur may introduce ancillary negotiating protocols in those organisational components. If there are more than one registration post within the authority of the State, a legal person under Section 60b of the Act or an entrepreneur, a specific ancillary protocol may be maintained for only one of them. The joint auxiliary protocol may be maintained for each classification level separately. The classified document shall be entered in the Assistant Protocol under an assigned serial number from the Protocol as indicated in Annex 2 to this Order.
(2) The person who creates or takes over a classified document of a confidential, secret or top secret level shall record it in his or her assigned handling book. The alert shall be made without delay after the number of the negotiations has been assigned for the classified document created or the receipt of the classified document. If the classified document is only familiarised without being taken over, it does not carry out the registration in the handling book, it shall only confirm that disclosure by signature on the control sheet.
(3) At the end of the calendar year, the person in charge of the Protocol shall terminate the allocation of the serial numbers from the Protocol. The last registration shall be underlined by the person in charge of the Protocol and shall state the date and the record of the number of acts used, signed with him by the Security Director or the person in charge pursuant to Paragraph 4 (1).
(4) In the case of the withdrawn document, in the relevant protocol, the person responsible for the management of the Protocol will cross out column 1 and enter in column 16 the exclusion record in accordance with the instructions set out in Annex 1 to this Order. The loss or unauthorised destruction of a classified document shall be recorded in the relevant protocol in accordance with the instructions set out in Annex 1 to this Regulation.
Collection sheet
(1) When creating a collection sheet, the person in charge of the management of the Protocol shall record the classified document in the relevant protocol and at the same time register it in the collection sheet under order number one. The person leading the collection log shall record in the collection sheet the additional classified documents in the order in which they are received or originated, in accordance with the instructions set out in Annex 7 to this Order. The creation of a collection sheet shall be indicated by the person in charge of the Protocol in the Protocol.
(2) In the collection sheet, classified documents may be recorded only at the same level of secrecy.
(3) Each classified document registered in the collection sheet shall bear a reference number to which the collection sheet has been established. The individual classified documents registered in the collection sheet shall be distinguished in the act number by the serial number of the collection sheet referred to in Article 7 (1) (b).
(4) The closure of the collection sheet shall be done by underlining the last entry, indicating the record with the date of closure of the collection sheet, the total number of classified documents deposited and the number and type of documents stored in non-paper form or annexes in non-paper form, the name, surname and signature of the person making the alert. After closing the collection sheet, no additional serial numbers can be assigned. The classified documents registered in the collection sheet shall be firmly linked at the time of closure if this is physically possible and would not lead to disproportionate difficulties in the subsequent handling of the file. After the closure of the collection sheet, classified documents shall constitute an indivisible set of documents (file), even after a change or cancellation of the classification level of each classified document; This applies even if the documents are not fixed according to the previous sentence. The first page of this file shall include the file character, the shredder mark, the year of the shredding procedure, the number of sheets deposited, the number and type of documents deposited or annexes in non-paper form. An entry shall be made in the Protocol in which the collection record is registered by the person responsible for its management to the relevant number of the act in accordance with the instructions set out in Annex 1 to this Order.
(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 attached to and included in the file referred to in paragraph 4. After closing the collection sheet, only the file referred to in paragraph 4 with a copy of the collection sheet may be sent or transmitted.
Forms of the classified document in paper form
(1) The classified document in paper form shall bear the name of the authority of the State or legal person referred to in Article 60b of the Act, the business firm or the name of the entrepreneur or the name, surname and registered address of the entrepreneur to whom the classified document was created, the reference number, the level of classification, the date of creation, the number of copies, the number of sheets, the number of classified and non-classified annexes in paper form and, where applicable, the number and type of non-classified annexes. Other necessary information may also be indicated on the classified document.
(2) The number of copies, the number of sheets, the number of classified and non-classified annexes and the number of their sheets and, where appropriate, the number and type of classified and non-classified annexes in non-paper form shall be indicated on the front page of the first sheet in accordance with the model set out in Annex 8 to this Regulation. The number of annexes in paper form and the number of their sheets shall be expressed by a fraction the numerator of which is the number of annexes in paper form and the denominator of the total number of sheets in annexes. If more than 1 copy of the attachments is attached to the classified document in paper form, the fraction in accordance with the previous sentence and the number of copies of the attachments in paper form shall be indicated by multiple. For non-paper annexes, the number and type of the annexes and, where appropriate, their registration markings shall be indicated.
(3) Where a classified document is composed of several parts, the classification level shall be indicated on the accompanying part containing the particulars referred to in paragraph 1 in accordance with the highest classification level set out in Annex 9 to this Regulation. Where an annex is annexed to a classified document in paper form, the classification level of which is higher than the classification level of the classified document, the classification level of the Annex with the highest classification level shall be indicated on the classified document. The formalities referred to in paragraph 1 and in this paragraph shall also be indicated on a movement note which does not contain classified information if it is accompanied by a classified annex.
(4) An annex in paper form to a classified document shall be marked with the number of the negotiating classified document by indicating on the front of the first sheet on the top right, "Annex No... k.... '; if the Annex does not contain classified information, the Annex No... k....' shall be indicated. On the front of the first sheet of the classified annex in paper form, the name of the authority of the State or legal person referred to in Section 60b of the Act, the business name or name of the entrepreneur or the name, surname and registered address of the entrepreneur with whom the classified annex was established, the level of the security, the number of copies, the number of sheets and, where applicable, the date of origin. A classified annex in non-paper form shall bear the indication" Annex No... k.... 'and other particulars referred to in Paragraph 16 (1); if the Annex does not contain classified information, it shall be indicated "Non-classified Annex No... k....'. The classification level of each classified annex shall be indicated in the same way as on the classified document. The classified and non-classified annexes shall be numbered continuously in one row. If the said particulars cannot be marked on the annex, they must be marked on the descriptive label or by other means.
(5) The sheets or pages of the classified document in paper form must be numbered continuously. The sheets or pages of each classified annex 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 its annexes, each sheet shall be considered to be 1 sheet regardless of its format.
(6) A written record must be made on the front of the first sheet of the classified document, on the top right of the document or, in the case of a classified document delivered, on the register referred to in Article 11 (3), or by any other means, of the disconnection of the annex and its re-registration. The written record shall contain details of which Annex has been disconnected, the date of the disconnection, the new reference number of the disconnected annex, the name, surname and signature of the person who made the disconnection and the written record. The classified annex disconnected shall also bear the reference number under which it was registered before it was disconnected. Where the classification level of the Annex has been changed or deleted before disconnection, the person carrying out its disconnection shall enter the text of the alert on the classified document or file referred to in the third sentence of Article 9 (1).
Record and Division
(1) A copy of the classified document intended for storage shall be made out in accordance with the model set out in Annex 10 to this Regulation. In the case of copies of more than one copy of the classified document, the copy intended for storage shall also be made out on a division in accordance with the model set out in Annex 11 to this Regulation. The divider and record shall not be made on a classified document delivered.
(2) The divider may also be indicated on a separate sheet accompanying and deposited with the classified document. The classified document shall bear the indication "Distributor enclosed '. The divider shall always appear on a separate sheet if:
(a) it cannot be disclosed in its entirety to a classified document; or
(b) the list of all addressees is not included in the administrative document in which the classified document is registered.
(3) The distributor referred to in paragraph 2 (b) must, when destroying a classified document, be deposited with the relevant administrative document in which the classified document is registered and may be destroyed following a written notification of the cancellation of the classified document to all its addressees.
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 in accordance with Article 60b of the Act, the business name or name of the entrepreneur or the name, surname and registered address of the entrepreneur with whom the classified document was created, the date of formation, the reference number under which the classified document is registered in non-paper form and the degree of secrecy. Where it is annexed, the indication "Annex No... k.... 'shall be indicated.
(2) If the information referred to in paragraph 1 cannot be affixed directly to a classified document in non-paper form, it must be marked on the descriptive label or in any other way.
(3) A secret document in non-paper form in transit shall be provided by the State authority, a legal person under Section 60b of the Act or an entrepreneur by means of an accompanying document containing the particulars referred to in Section 14 (1) and (2). When transporting a classified document of foreign power in non-paper form, the accompanying document shall not be produced.
Forms of the classified document in electronic form
A classified document in electronic form, which was created in an electronic file service system which is part of a certified information system, pursuant to Article 23 (3) of the Act, shall contain the name of the originator, the degree of secrecy, the reference number and the date of origin.
Recording of notes and sub-data containing classified information
(1) Notes or sub-data containing classified information may only be recorded in a notebook or book which has been modified in accordance with Section 4 (1) before being taken into use and marked with an appropriate classification level, or in an information system certified for the handling of classified information of the relevant or higher classification level. 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 the recording of notes and sub-data, containing classified information, shall be stored mutatis mutandis as a classified document of the same or higher classification level and shall be transmitted subject to the conditions laid down in paragraphs 4 and 5 of Section 23 and Section 24 (1). The appropriate classification level shall be indicated in the notebook or the book in the case of a document of the number of sheets referred to in Article 4 (1) and on the packaging of the notebook or book.
(3) Notes or sub-data containing classified information of classification grade Reserved may also be recorded as background material.
Base material
(1) The supporting material in paper or non-paper form of the classification grade Reserved may be prepared
(a) for its own use, in particular for the purpose of drawing up a classified document of a classification grade reserved or for use during negotiations; or
(b) by a party to a hearing for the needs of the other parties to the hearing in order to make them aware of the content of the underlying material; the supporting material provided to the party to the hearing must be surrendered to the party to the hearing which provided it to them at the latest before the hearing is withdrawn.
(2) A copy shall not be considered as background material
(a) a classified document delivered;
(b) its own classified document, drawn up in a single copy; or
(c) its own classified document, as indicated in the division.
(3) Whoever produces the underlying material shall indicate on it the classification level set out in Paragraph 8 (2) or (5) and the designation "underlying material." The supporting material shall be registered and provided with the particulars referred to in paragraphs 14 or 16 whenever it is to be transmitted or when it becomes part of a classified document. In order to produce a cryptographic document (Section 37 (1) of the Act), the underlying material must not be produced.
Copy, copy, translation and extract
(1) For the purposes of this Order, a copy or copy means a copy of a certain number of copies of the document delivered, a copy of its own classified document drawn up in a single copy or a copy of its own classified document, as indicated in the distribution note, or an electronic transfer thereof. For the purposes of this decree, a translation shall mean a significantly identical transfer of a classified document to another language. For the purposes of this Decree, an extract shall mean the drawing up of a paper or digital record from a classified document.
(2) The written consent of the originator of the classified information to produce a copy, a copy, a translation of a classified document of a classified grade or extract shall include the reference document number, the number of copies, the reason for the copy, the name, the surname and signature of the person who gave the consent and the date on which the consent was given and shall be deposited with the classified document. The written consent of the person directly superior to produce a copy, a copy, a translation of a classified document of confidential or secret level or an extract thereof may be entered on that classified document or on a separate sheet; if it is entered on a separate sheet, it shall be deposited with the classified document.
(3) The classified document from which the copy, copy, translation or extract is made shall bear the date of the copy, the number of copies, copies, extracts in the form of the classified documents in paper form, copies of the translation, or, in the case of a digital record, the identification of the certified information system in which it was drawn up, the name and surname of the person who issued the consent referred to in paragraph 2, and the name, surname and signature of the person who made it.
(4) A paper copy or a paper copy made of a classified document shall bear on the front of the first sheet the word "OPIS 'or the word" COPY' and the serial number of the copy made or a copy of the classified document. Where the number of copies or copies does not agree with the number of copies of the classified document from which they were drawn up, the actual number of copies or copies shall also be indicated on the copy or copy. The word "TRANSLATION" and the particulars referred to in Article 14 (1), (2) and (4) shall appear on the front page of the first sheet on a completed translation of the classified document.
(5) An extract from a classified document may be made only in the notes or books referred to in Article 18 (1) or in a certified information system or as a classified document in paper form, which must be accompanied by the particulars referred to in Article 14 (1), (2) and (4). The extract from the classified document of the level of classification Reserved may also be made as background material.
(6) A copy, a copy or a translation of the classified document, if it is not the underlying material, must be registered in the relevant protocol or in the register. Where, in the event of a copy being sent, a copy or a translation is not provided, the list of all addressees shall be given in the Protocol or in the Register, a division for which Article 15 (2) and (3) shall apply mutatis mutandis.
Transmission of a classified document
(1) The classified document shall be transmitted against the certificate by signature; This does not apply to a classified document of the level of classification reserved if the responsible person provides for an exemption from the obligation to confirm takeover pursuant to § 23 (1) (b) of the Act. The means of confirmation of receipt of a classified document registered in electronic administrative assistance shall be determined by the responsible person, unless otherwise provided for in the Regulation providing for cryptographic protection of classified information.
(2) On the transmission of a classified document outside the authority of the State, a legal person pursuant to Article 60b of the Act or an entrepreneur or any other registered place set up within the authority of the State, legal person or entrepreneur pursuant to Article 60b of the Act, the person in charge of the management of the Protocol shall make an entry in the Rules of Procedure or the Register. The signature confirming receipt of the classified document may be indicated in the delivery book or on the receipt of the classified document; the signature may also be indicated in the box on the copy of the classified document for storage.
(3) On the transmission of a classified document within a single registration point established within a national authority, a legal person pursuant to Article 60b of the Act or an entrepreneur, the person responsible for the management of the Protocol shall record in the Protocol or in the Register, and, where applicable, in the Auxiliary Protocol if it is conducted. The signature confirming the receipt of the classified document may be indicated in the Protocol, in the Auxiliary Protocol or in the delivery book, or when the document is returned to the Manitoba, unless otherwise provided in Sections 27 (3), 34 (2) (b) or 35 (6) (b); the signature may also be indicated in the box on the copy of the classified document for storage. If the responsible person or the Security Director so provides, the classified document may be transmitted to another natural person within a single registration point and against the signature in the handling book.
(4) Confirmation of receipt of the classified document shall be kept for at least 5 years, unless otherwise provided in Paragraph 31 (3).
Preparation of the consignment for transport
(1) If the consignment is to be transported via the postal licence holder (1), the classified document must be inserted in two envelopes.
(2) The internal envelope shall bear the consignor's upper left, the full reference number, the cover level on the upper right and the lower name and full address of the addressee. Where a consignment is addressed to a natural person, its name, surname and, where appropriate, its function shall also be indicated. Where more than one classified document is entered in the envelope, the security level shall be indicated on the envelope according to the classified document with the highest classification level and the reference numbers of all classified documents entered. The envelope shall be secured in such a way that all the connections of the envelope over the whole length are glued with adhesive tape and stamped by the authority of the State, by a legal person under Section 60b of the Act or by an entrepreneur and by the signature of the person in charge of the Protocol or by the person who has carried out the security of the envelope; This does not apply to an envelope containing only a classified classified document of the level Reserved. The stamps and signatures shall be in excess of the adhesive tape. When a transparent adhesive tape is used, the stamps and signatures shall be overglued by this tape. If the envelope is to be opened only by the addressee, the envelope must be marked with the sign "OPENING INSTALLATION."
(3) The external envelope shall bear the consignor, the reference number without giving an abbreviation of the security grade and the name and full address of the addressee. The external envelope shall not indicate the classification level. The outer envelope must be of such quality that the data on the inner envelope cannot be read.
(4) If the consignment is transported through a courier, the classified document must be entered in the envelope marked "KURÍREM" and the provisions of paragraph 2 shall apply mutatis mutandis. In this case, the cover with a classified document must be transported in a portable box secured against unauthorised tampering with its contents, for example by locking a mechanical or code lock or sealing or sealing, and shall be provided in an appropriate place with the name and address of the authority of the State or legal person in accordance with Section 60b of the Act, the name and address of the entrepreneur, or the name, surname and registered office of the entrepreneur, "Do not open and present immediately to the Police of the Czech Republic or the National Security Office!"; in the case of a classified document, the level of security reserved may also be the envelope to which the particulars referred to in paragraph 3 must be provided.
(5) A receipt for the receipt of a classified document shall be entered in the internal envelope bearing a classified document of the Confidential, Secret or Top Secret level, endorsed by the addressee by signature and stamp, dated and returned to the consignor without delay. According to the first sentence, even in the case of a classified document, the classified classification level Reserved, unless an exemption from the obligation to confirm the takeover is provided for by the responsible person under Paragraph 23 (1) (b) of the Act. The specimen of the receipt of the classified document is set out in Annex 12 to this Order. The return receipt of the classified document shall be deposited with the consignor at the copy of the classified document for storage; where all copies of the classified document are sent, they must be stored at the registration place where the classified document is registered, Article 21 (4) shall apply mutatis mutandis.
(6) In the event that the classified document cannot be inserted into the envelope, it shall be placed in a solid packaging which is secured and labelled in a similar manner to the inner and, respectively, the outer envelope.
Transport of consignments
(1) Through the postal licence holder, the consignment may be transported to a confidential level, in the form of a postal service where:
(a) is the place of delivery of the consignment in the Czech Republic;
(b) the holder of the postal licence attests in writing to the consignor the receipt of the consignment;
(c) the addressee confirms in writing the receipt of the consignment to the holder of the postal licence;
(d) the holder of the postal licence shall deliver to the consignor a written certificate proving receipt of the consignment; and
(e) the holder of the postal licence shall be responsible for the loss, damage and loss of the contents of the consignment.
(2) The certificate proving receipt of the consignment referred to in paragraph 1 (d) shall be deposited with the consignor in the case of a copy of a classified document intended for storage or, in the case of the dispatch of all copies of the classified document, at the registered place where the classified document is registered; Article 21 (4) shall apply mutatis mutandis.
(3) Where, pursuant to paragraph 1, a consignment of classified grade reserved is carried, compliance with the conditions referred to in paragraph 1 (b), (c) and (e) shall be sufficient.
(4) When transported by courier, the consignment shall be transported in a portable box in accordance with Section 22 (4). A courier who will carry a consignment of confidential, secret or top secret classified shall be shown to the consignor by a valid certificate of a natural person in accordance with Article 54 of the Act for the relevant or higher classification level. In the case of a consignment of classification grade Reserved, the courier shall prove to the sender by a valid notification pursuant to Section 6 of the Act, by a certificate of a natural person pursuant to Section 54 of the Act or by a document pursuant to Section 85 of the Act; where the courier is a person under Paragraph 58a (1) of the Act, it shall be proved by the instruction and service pass if it has been issued to him. The courier, or his escort, shall take such measures when transporting the consignment in order to avoid access by an unauthorised person under Section 2 (h) of the Act to classified information, including in the event of an emergency, for example as a result of an accident or accident.
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Regulation Information
| Citation | Decree No. 275 / 2022 Coll., on administrative security and on classified information registers |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
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