Decree No. 283 / 2014 Coll.
Decree amending Decree No. 259 / 2012 Coll., on details of the performance of the file service
Valid
Order
Effective from 01.01.2015
Text versions:
01.01.2015
09.12.2014
283
DECLARATION
of 1 December 2014
amending Decree No. 259 / 2012 Coll., on the details of the performance of the file service
The Ministry of the Interior provides pursuant to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 190 / 2009 Coll., Act No. 167 / 2012 Coll. and Act No. 56 / 2014 Coll., for the implementation of § 9 (2), § 15 (1), § 19 (g), § 64 (2), § 66 (6), § 69a (4) and § 70 (1) of the Act:
Decree No. 259 / 2012 Coll., on the details of the performance of the file service, is amended as follows:
1. In Paragraph 2 (1), the words "received 'shall be inserted after the words" received' and the words "registered without delay 'shall be replaced by the words" the immediate execution of the acts provided for in this Decree in relation to the receipt, designation and registration of documents'.
2. In Article 2 (2), the words "published in accordance with paragraph 3 (g) 'shall be inserted after the words" data media'.
3. in Article 2 (3) (i):
"(i) the consequences of defects in the documents referred to in Article 4 (2) and (3)."
4. Articles 3 and 4, including footnotes 20 to 23, read:
(1) The originator shall record the date of service of the document. In the case of a digital document with the exception of a digital document delivered on a portable technical data carrier by a public authority, the time of delivery of the document shall also be recorded with accuracy for seconds.
(2) The public authority shall immediately affix the document delivered in analogue form or, where appropriate, its envelope, by means of a stamp or, where appropriate, by a technological means similar to that of destination, as the stamp.
(3) The completed imprint of the post stamp or technological means of similar determination to the post stamp shall contain:
(a) the name of the public agent to whom the document was delivered;
(b) the date of service of the document and, where other legislation provides for the obligation to record the time of service of the document, the time of service of the document,
(c) the reference number or the registration number of the documents under which the public authority records the document received;
(d) the number of pages of the document delivered;
(e) the number of paper annexes to the document and the number of sheets of those annexes and, where applicable, the number of volumes of paper annexes to the document; and
(f) the number and type of annexes to the document if they are in non-paper form.
(1) The public authority will determine whether the document received is complete and legible in an analogue form. The public authority shall establish whether the document delivered in digital form, including the data message in which it is contained, is complete, can be displayed in a user-sensitive manner, does not contain a malicious code, is in the data format in which the public authority accepts the documents in digital form, and is stored on a portable technical medium on which the public authority accepts the documents in digital form, when the document is used for the delivery of the document by the portable technical medium.
(2) Where the public authority finds that the document received in analogue form is incomplete or illegible and is able to identify the consignor of the document and the contact details of the consignor, it shall inform the consignor of the document's identified defect and establish a further procedure for its removal. If the public authority fails to remove the defect of the document delivered in cooperation with its consignor, the public authority does not further process the document. If the public authority is unable to identify the consignor of the document delivered, which is incomplete or illegible, and the contact details of the consignor, the document shall no longer be processed.
(3) The public authority shall act mutatis mutandis in accordance with paragraph 2 if it finds that the document received in digital form, including the data message in which it is contained, is incomplete, cannot be displayed in a user-sensitive manner, contains a malicious code, does not appear in the data format in which the public authority accepts documents in digital form, or is not stored on a portable technical medium on which the public authority accepts documents in digital form, if the document is used by the portable technical medium.
(4) The public authority shall establish whether the document received is in digital form, including the data report in which it is contained, signed by a recognised electronic signature (20) or marked with a recognised electronic mark (21), or, where appropriate, with a qualified timestamp (22).
(5) The public authority will verify the validity of the recognised electronic signature and the qualified certificate on which the recognised electronic signature is based, the recognised electronic label and the qualified system certificate on which the recognised electronic mark is based and the qualified timestamp (23).
(6) Where a public authority carries out a file service in electronic form in an electronic file service system, it shall record the results of the findings referred to in the second sentence of paragraph 1 and paragraphs 4 and 5 in the electronic file service system. Where a public authority carries out a file service in paper form, it shall record such data in the manner set out in the rules of the file into a document in analogue form resulting from the transfer of the document delivered in digital form to which the findings are made.
(7) The recorded data on the result of the findings referred to in paragraphs 4 and 5 shall be at least:
(a) the name or business name of the accredited certification service provider;
(b) an indication of the time for which the certificate was issued and, if known, the date and time of its invalidity;
(c) the name and, where applicable, the names and surname, name or business name of the certificate holder; and
(d) the result, the date and time of verification of the validity of the recognised electronic signature and the qualified certificate on which the recognised electronic signature is based, the recognised electronic label and the qualified system certificate on which the recognised electronic mark is based and the qualified time stamp, the particulars of the qualified time stamp and the number of the list of invalidated certificates against which the validity of certificates has been verified, if the list of invalidated certificates has been used for verification.
(8) Where a public agent is able to identify the address of the sender's e-mail address from a digital document, including the data message in which it is contained, to the e-mail address of the postal office referred to in Article 2 (3) (c), he shall confirm to the sender, on the basis of the results of the findings referred to in paragraphs 1, 4 and 5, that the document has been delivered and meets the conditions laid down in this Decree and the public authority for receipt of the documents. The delivery confirmation message shall include at least:
(a) the date and time of receipt of the document, indicating the hour and minute, or, where appropriate, the second; and
(b) the characteristics of the data report in which the document was contained, enabling it to be identified.
20) § 11 (3) of Act No. 227 / 2000 Coll., as amended by Act No. 440 / 2004 Coll., Act No. 101 / 2010 Coll. and Act No. 167 / 2012 Coll.
21) Paragraph 11 (4) of Act No. 227 / 2000 Coll., as amended by Act No. 101 / 2010 Coll. and Act No. 167 / 2012 Coll.
22) § 2 (r) of Act No. 227 / 2000 Coll., as amended by Act No. 440 / 2004 Coll.
23) Decree No. 212 / 2012 Coll., on the structure of the data on which it is possible to clearly identify the signatory and the procedures for verifying the validity of the guaranteed electronic signature, the electronic label, the qualified certificate, the qualified system certificate and the qualified time stamp (Ordinance on the validation of the guaranteed electronic signature). '
(5) footnotes 3 and 4 are deleted.
6. In Article 5 (1), the words "under § 7 to 10 'are replaced by the words" as if the data on a natural person were not on the envelope'.
(7) Paragraph 6, including footnotes 24 and 25, reads as follows:
(1) Where a public authority carries out a file service in paper form, it shall transfer the document delivered in digital form by an authorised document conversion (24) or otherwise transfer it in accordance with Paragraph 69a of the Act to an analogue document. The public authority shall store the document delivered in digital form, including the data report in which it is contained, in the form in which it was delivered to it and shall keep it for at least 3 years from the date of service, unless the content of the document is linked to the exercise of rights and obligations for which another legislation provides for a longer period of time for the application of the other legislature25); in that case, the originator shall keep the document delivered for a period laid down by other legislation for the exercise of the rights and obligations to the facts contained in that document. The public authority shall affix a post stamp or any other technological means similar to the post stamp to the document in an analogue form resulting from the transfer of the document in digital form.
(2) Where a public authority carries out an electronic file service in an electronic file service system, it shall normally transfer the document delivered in an analogue form by an authorized document conversion or otherwise transfer pursuant to Paragraph 69a of the Act into a digital document. The public authority shall keep the document delivered in analogue form during the period of retention of the document in digital form resulting from the transfer of the document delivered in analogue form by other means of transfer pursuant to Section 69a of the Act; where the transfer of a document is carried out by an authorised conversion of documents, the originator shall keep the document delivered in analogue form for at least 3 years, except where its content is linked to the exercise of rights and obligations for which another legislation provides for a longer period of time); in that case, the originator shall keep the document for a period laid down by other legislation for the exercise of the rights and obligations to the facts contained in the document.
(3) Where the time limit for the receipt of a document transferred pursuant to paragraph 1 or transferred by an authorised conversion of documents referred to in paragraph 2 is less than 3 years, the public authority shall keep the document delivered for at least the period of the shredding period.
24) § 22 of Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended by Act No. 190 / 2009 Coll.
25) For example, § 609 et seq. of Act No. 89 / 2012 Coll., Civil Code, § 34 of Act No. 40 / 2009 Coll., Criminal Code, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, § 100 and subsequent Act No. 500 / 2004 Coll., Administrative Code, Act No. 563 / 1991 Coll., on Accounting, as amended. '
8. footnotes 6 to 9 are deleted.
9. In Article 7 (1), the sentence "If the imprint of the post stamp or any other technological means similar to the post stamp is to be used as a unique identifier after the first sentence, it may not contain an alphanumeric code."
10. in § 7 (2) and (6), § 19 (2) (j) and § 20 (1), "§ 4" is replaced by "§ 6";
11. in Article 7, paragraphs 4 and 5 are deleted;
Paragraphs 6 and 7 shall be renumbered paragraphs 4 and 5.
12.
(1) The public authority registers documents in the basic registration document. The basic registration document service carried out in electronic form in the electronic file service system is an electronic file service system. A paper-based file service shall be provided as an essential document-keeping document; the delivery journal is a book made up of tied and numbered sheets of forms, named by the public authority for which it is kept, the time period in which it is used and the number of all sheets.
(2) Where other legislation10 so provides) or a public authority in the rules of the case, the public authority shall register the documents provided for by another law or the rules of the case in a separate document registration document; documents registered in the separate register of documents of the public authority shall not be registered in the basic registration document. Separate records of documents kept in electronic form shall comply with the requirements laid down by the national standard. The self-recording of documents in paper form is a book made up of bound and numbered sheets of forms, marked by the name of the public authority for which it is kept, the type of documents registered in it, the time period in which it is used and the number of all sheets.
(3) Where the public author of the file is a collector, he shall register the documents constituting the file in the separate registration document, which is the collection sheet; the documents registered in the collection sheet, except for the initiating document, do not register in the basic registration document or in the separate document register.
(4) The public author shall indicate in the file order the use of the registers referred to in paragraphs 1 and 2, broken down by their form into paper-based and electronic-based documents.
(5) The public authority shall ensure that a means of record against the theft, loss, alteration, unauthorised or accidental access, destruction or unauthorised processing of data, as well as any other misuse is ensured.
(6) The public authority shall carry out the registration in the registration document in a clear and clear manner and in a paper-based document-based document, as well as in a way that guarantees the durability of the registration. Where the registration document is kept in paper form, the authentic instrument shall tick the incorrect entry in a manner which ensures the legibility of the entry even after the reduction has been made and, if necessary, complete it by the correct entry; in the case of a correction by a public authority, the indication of the date of the correction, the name or, where applicable, the names, surname and signature of the natural person who made the correction.
(7) Where a public agent uses abbreviations when entering in the registration document referred to in paragraphs 1 and 2, it shall include a list of explanatory notes in the registration document. ';
13. in § 9 (1), § 14 (3), first sentence, § 19 (2) of the introductory part of the provision and § 19 (2) (h), the words "register of documents" are replaced by the words "registration document."
14. in Articles 9 (1), 9 (2) and 22 (2), the words "records of documents" are replaced by the words "records."
15. in Article 9 (1), the words "the document registration number" shall be replaced by the words "the document reference number or the document registration number of the separate document registration."
16.
(1) The public authority shall keep the following information on the document in the logbook:
(a) the serial number of the document under which it is registered in the logbook,
(b) the date of service of the document to the public authority and, where another law provides for the obligation to record the time of service of the document, the time of service of the document, or the date of creation of the document by the public authority; the date of creation of the document by the public authority means the date of its registration in the logbook,
(c) the details of the consignor to the extent specified for keeping the data of the consignor of the document in the name register; if it is a document created by a public authority, the word "Custom 'shall be indicated;
(d) identification of the document from the records of the documents of the consignor, if the document is marked to it;
(e) data on the quantity of the document to the extent
1. the number of sheets, if it is a paper document,
2. the number of sheets or the number of volumes of annexes in paper form;
3. the number and type of annexes in non-paper form, including those in digital form; for a digital document, the number and type of annexes shall be indicated only if the nature of the document allows them to be identified;
(f) brief content of the document;
(g) the designation of the organisational part of the public-law originator assigned to the document; where a natural person is designated by a public authority to process a document, the public authority shall at the same time indicate its name and, where applicable, its names and surnames;
(h) data on document processing to the extent
1. Method of execution,
2. identification of the addressee within the scope of the data specified for keeping the data on the addressee of the document in the namesake register,
3. Date of dispatch,
4. the number and type of annexes dispatched; for a digital document, the number and type of annexes shall be indicated only if the nature of the document makes it possible to identify them; and
(i) the file character and the shredder regime resulting from the assigned shredder, the shredder period, or, where appropriate, the year of inclusion of the document in the shredder's proceedings and any other fact which the public authority determines as a trigger event.
(2) The public authority shall keep the information provided for in paragraph 1 on the document in the electronic file service system, and
(a) the unique identifier of the document;
(b) whether it is a digital document or an analogue document;
(c) information on whether the document was included in the selection of archives and whether the document was selected as archival; and
(d) an identifier which has been assigned by the National Archive or the digital archive to a digital document selected as archival.
(3) The originator shall keep a document in a separate register of documents kept in paper form at least the particulars provided for in paragraph 1 (b), (c), (f) and (i). The originator shall keep a document in a separate register of documents kept in electronic form at least the particulars provided for in points (b), (c), (f) and (i) of paragraph 1 and in paragraph 2.
(4) The serial numbers in the recording aid form a numerical series starting with number 1 and consisting of whole positive numbers continuously consecutive. In the basic registration document, the numerical series shall be kept from the first calendar day of the period laid down by the public authority for the management of the numerical series (hereinafter referred to as the "specified time period ') before the start of the specified period.
(5) In the public-law journal, after the end of the specified period, empty lines shall be crossed out by the last entry at the end of the page and supplemented by a record of the date of execution of the last entry and the last serial number used in the journal; the entry shall be entered in the form "Completed on..... by order number..... '; In addition, the public authority shall ensure that the name and / or the names, surnames and signature of the natural person in charge of the record-keeping log are affixed.
(6) The electronic file service system will not allow the entry of an additional document with the serial number of the document in the electronic file service system that has already been allocated within that specified time period, or the entry of a document or file whose registration falls within the following specified time period after the end of the specified period of time.
(7) Paragraph 6 shall not apply to the recording of a document in an already established collection sheet pursuant to Article 12 (3). ';
17. in the second sentence of Article 11 (1), the words' the entry of a document in the basic registration document 'shall be inserted after the words' the entry of a document in the basic registration document 'and, in the last sentence, the words' the reference number shall also be replaced 'shall be replaced by the words' shall be inserted after the order number in the basic registration document.
18. In Article 12 (2), the words "document registration or separate document registration 'are replaced by the words" registration document'.
19. Paragraph 12 (3) reads:
"(3) Where a public authority creates a file by means of a collection sheet, it shall register the initiating document in the basic registration document or the separate document registration together with the information on the creation of the file, and at the same time record the initiating document in the collection sheet as the first document in order. The following documents of the file shall only be registered by the public authority in the collection sheet. The public authority shall keep in the collection sheet the information provided for in Article 10 (1), (2) or (3), depending on the type of document registration document. The collection sheet is part of the file. '
20. In Article 12, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The public authority shall keep, in the electronic file service system or in a separate register of documents kept in electronic form, file details to the extent:
(a) a unique identifier of the file;
(b) the brief content of the file;
(c) the file number,
(d) the date of establishment of the file;
(e) the date of closure of the file;
(f) the file character,
(g) file shredding arrangements;
(h) data on the storage of the file, which are the number of sheets of documents in paper form constituting the file or, where applicable, the volumes of annexes in paper form of documents constituting the file;
(i) whether the file contains the documents in analogue form and their physical location;
(j) information on whether the file was included in the selection of archives and whether the file was selected as archival; and
(k) an identifier assigned by the National Archives or digital archives to a file containing digital documents selected as archives.
(5) Where the public authority carries out a file service in paper form, the information referred to in paragraph 4 shall be entered on the cover of the file, except for the particulars referred to in points (a), (i), (j) and (k). ';
Paragraphs 4 to 7 shall be renumbered paragraphs 6 to 9.
21. in Article 12 (6) (a):
"(a) in the case of file making, by connecting documents, the reference number or the registration number from the separate records of the documents of the first or the last registered document;"
22. in Article 12 (6), the following point (b) is inserted after point (a):
"(b) in the case of the creation of a file by means of a collection sheet, the reference or registration number of the separate document records of the initiating document without the serial number of the entry of that document in the collection sheet; or"
Point (b) shall be renumbered (c).
23. Paragraph 12 (7) reads:
"(7) A record of its execution and of the document to which the file has been handled shall be included in the completed file if the file has been handled by a document referred to in Article 14 (2) (a). ';
24. In Article 12 (9), the words "and file marks' shall be inserted after the word" file '.
25. in the last sentence of Article 14 (3), the words "the records of documents" shall be replaced by the words "the relevant registration document."
26. In the last sentence of Paragraph 15 (3), the word "se 'shall be inserted after the word" which'.
27. in Article 15 (5), the sentence "If the file contains only documents with the shredder mark" S, "shall be inserted after the second sentence of Article 15 (5)," and "to which the longest shredder period has been allocated" shall be replaced by "to be included in the shredder proceedings at the latest."
28. In Article 15, the following paragraph 6 is added:
"(6) A public-law agent who carries out a file service in electronic form in an electronic file service system shall process a file and shredder plan in electronic form in a structure intended to be sent according to the XML scheme for export and import of a file and shredding plan established by the national standard.";
29. in Paragraph 16 (1):
"(1) A document drawn up by the public authority and intended for dispatch shall contain a header indicating the originator's designation, which shall normally constitute the name or business name and address of the registered office or other address of the public authority. ';
30. in Article 16 (2), the following points (a) and (b) are inserted:
"(a) the document reference number or the document registration number of the document from a separate document register;
(b) the reference number of the document in service or the registration number of the document in service from the separate register of the documents under which the document in service is registered with its consignor, if the document in question is a reply to the document in service and if the document in service contains that number, ';
Points (a) to (e) shall be renumbered as points (c) to (g).
31. in Article 16 (2) (d), "analogue" is replaced by "paper."
32. In Article 16 (4), the words "original or duplicate of this document or copies thereof, as the case may be 'are replaced by the words" copy of the original of this document or duplicate or, where appropriate, copy of that document'.
33. in Article 19 (2) (c), the words "the completeness of the file in analogue form" shall be replaced by "the completeness of the file containing the documents in analogue form."
34. in Article 19 (2) (d):
"(d) the number of sheets of the document in paper form, the number of paper annexes to the document and the number of sheets of those annexes, or, where appropriate, the number of volumes of paper annexes to the document; for non-paper annexes, their number and type; ';
35. in Paragraph 20 (4), the words "as a general rule" shall be inserted after the words "in particular" the words "shall be inserted after the words" the total extent of the documents and files included, "and the words" the shredder period "shall be replaced by the words" their shredder regime. "
36. In Article 20 (5), the words "electronic document records' are replaced by the words" electronic documents'.
37. In Paragraph 20 (5), the last sentence is replaced by the sentence "This list is based on the XML scheme for the creation of the SIP data package established by the national standard and contains metadata according to the XML scheme for recording descriptive metadata within the SIP data package established by the national standard."
38. In Paragraph 21 (4), the first sentence shall be added at the end of the text "; in the case of documents in an analogue form registered in the electronic file service system, the originator shall also transmit metadata belonging to them '.
39. In the last sentence of Article 21 (4), the words "belonging to them 'are deleted and the words" requirements of the XML document exchange scheme and their metadata between the electronic file service system established by the national standard' are replaced by the words "the XML scheme for the creation of the SIP data package established by the national standard and the XML scheme for recording descriptive metadata within the SIP data package established by the national standard '.
40. in Paragraph 21 (5) (e), the words "the public authority and" shall be deleted;
41. in Article 21 (7), the words "in the electronic file of documents" shall be deleted and the words "in the structure referred to in Article 20 (5) mutatis mutandis" shall be replaced by the words "in accordance with the XML scheme for sending decision-making data in the shredding procedure and confirmation of receipt of digital archive identifiers by the originator established by the national standard."
42.Paragraph 21 (8) reads as follows:
"(8) The public authority shall proceed with the destruction of documents not selected for archival purposes and of official stamps not selected for archival purposes by devaluating the documents in analogue form or official stamps in such a way as to prevent their reconstruction and identification. In the case of digital documents, the public authority shall carry out their destruction by deleting them from the electronic file service system and other storage sites. Similarly, the public authority is pursuing the destruction of documents in digital form, which have been selected as archives and the replicas of which have been transmitted by the public authority to the digital archive. '
43.Paragraph 23 (7) reads as follows:
"(7) The output metadata data format, which provides documents in the electronic file service system, is the data format Extensible Markup Language Document (XML) according to the XML document exchange scheme and their metadata between the electronic file service system established by the national standard or the data format Extensible Markup Language Document (XML) according to the XML scheme for the creation of the SIP data package established by the national standard which contains metadata according to the XML scheme for recording descriptive metadata within the SIP data package established by the national standard. ';
44. in Article 24 (1), point (b) is deleted;
Points (c) to (f) shall be renumbered (b) to (e).
45. in Article 24 (1) (c), "existence" is replaced by "existence."
46. in Article 24 (2), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
47. in Article 24 (3), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
48. In Paragraph 25 (2), the words "document registers' are replaced by the words" document registers'.
49. In Article 26 (1), the words "in the logbook 'are replaced by the words" and records documents in a separate document in paper form, which is a replacement document ("replacement register'), to the extent provided for in Article 10 (1) '.
50. in Article 26 (3) (a), the word "register" shall be replaced by the words "register" and the words "register of documents or separate register of documents" shall be replaced by "register of documents in which it usually registers."
51. in Paragraph 26 (3) (b), the words "records of documents or separate records of documents" shall be replaced by the words "records of documents in which it usually records documents."
Efficacy
This Decree shall enter into force on 1 January 2015.
Minister:
Breeding v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 283 / 2014 Coll., amending Decree No. 259 / 2012 Coll., on the details of the performance of the file service |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0