Act No. 290 / 2005 Coll.
Law on the amendment of laws in connection with the adoption of the Military Intelligence Act
Valid
Law
Effective from 01.08.2005
290
THE LAW
of 16 June 2005
on the amendment of laws in connection with the adoption of the Military Intelligence Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on intelligence services of the Czech Republic
Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended by Act No. 118 / 1995 Coll., Act No. 362 / 2003 Coll. and Act No. 53 / 2004 Coll., is amended as follows:
1. Paragraph 1 (2), including footnote 1, reads:
"(2) The use of specific means of obtaining information and keeping records containing data on persons of the Security Information Service and Military Intelligence, as well as the status of members of the intelligence services and their employment conditions, are governed by specific laws (1).
1) Act No. 154 / 1994 Coll., on the Security Information Service, as amended. Act No. 289 / 2005 Coll., on Military Intelligence. Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended. '
2. in Article 3 (c), including footnote 2:
"(c) Military intelligence as part of the Ministry of Defence 2).
2) Article 16 (2) (e) of Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Government, as amended by Act No. 290 / 2005 Coll. '.
3. Paragraph 4 (4) reads as follows:
"(4) The Director of Military Intelligence shall be appointed, after consultation in the Committee of the Chamber of Deputies of Parliament responsible for security matters, by the Minister of Defence with the approval of the Government. In the performance of his duties, the Director of Military Intelligence shall be responsible to the Minister of Defence, who shall also withdraw him with the Government's consent. '.
4. in Article 5 (3) (a):
"(a) originating abroad, important for the defence and security of the Czech Republic,"
5. In Article 5 (3) (d), the words "intentions and 'and the words" public and professional secrecy' shall be replaced by the words "classified information '.
6. Sections 17 and 18, including the title, read:
"Specific provisions on the Office for Foreign Relations and Information
Member of the Office for Foreign Relations and Information shall demonstrate his / her competence with the Office for Foreign Relations and information by means of a service pass with the registration number and oral declaration "Office for Foreign Relations and Information."
(1) The Office for Foreign Relations and Information may, for the protection of activities which it is engaged in in the territory of the Czech Republic and if necessary for the performance of its tasks, use the monitoring of persons and goods, cover documents, bait and safety equipment and use persons acting for its benefit, who must be over 18 years of age.
(2) For the purposes of this Act, cover documents shall mean documents and articles used to conceal the true identity of the person. The cover document shall not include the card of the President of the Republic, the Member or the Senator of Parliament, a member of the Government, a member of the Supreme Audit Office or the Governor of the Czech National Bank, and the service card of a prosecutor or judge, a diplomatic passport or document of a person still alive.
(3) The Office for Foreign Relations and Information is issued by the Ministry of Interior. '
7.
(1) The Office for Foreign Relations and Information is entitled to store, store and use data on natural and legal persons where necessary for the performance of its tasks.
(2) The Office for Foreign Relations and Information is required to ensure the protection of data contained in the records before disclosure, misuse, damage, loss and theft.
(3) The Office for Foreign Relations and Information does not disclose the fact of keeping records of natural and legal persons or their content. "
8. Article 21 shall be deleted;
Amendment to the Security Information Service Act
Act No. 154 / 1994 Coll., on the Security Information Service, as amended by Act No. 160 / 1995 Coll., Act No. 155 / 2000 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 436 / 2004 Coll. and Act No. 499 / 2004 Coll., is amended as follows:
1. Paragraph 8 (1) reads as follows:
"(1) For the purposes of this Act, reporting technology shall mean technical means and equipment, in particular electronic, phototech, chemical, physico-chemical, radiotech, optical, mechanical or their files, used in a classified manner, where they interfere with the fundamental rights and freedoms of citizens in:
(a) searching for, opening, examining or evaluating consignments carried;
(b) monitoring, recording, as appropriate, of telecommunications, radio communications and other similar operations, and, where appropriate, of data on such operations;
(c) the making of visual, audible or other records;
(d) seeking the use of technical means which could make it impossible or difficult to carry out tasks under the Security Information Service;
(e) identification of persons or objects and, where appropriate, identification of their movements using safety and safety techniques. ';
2. in Paragraph 8 (2) (d):
"(d) monitoring of telecommunications, radio communications or other similar operations without wiretap their content or, where appropriate, the detection of data on such operations.";
3. The following Section 8a is inserted after Section 8:
The security information service shall be entitled to request, to the extent necessary to perform a specific task, from legal and natural persons providing a public communications network or providing a publicly available electronic communications service, to establish and secure an interface at designated points in their network for the connection of end-to-end telecommunications wiretap and message recording equipment. ';
4. footnote 3 shall read:
"3) Sections 9 and 10 of Act No. 289 / 2005 Coll., on Military Intelligence. '.
5. footnote 4 shall read:
"4) § 53 of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended by Act No. 265 / 2001 Coll."
6. in Article 10 (1) (a):
"(a) the type of intelligence technology to be used, the duration of its use, the basic identification details of the person to whom the intelligence technology is to be used, if such information is known, the number of the telephone or other similar station, if it is intended to be used by the wiretap or, where appropriate, the recording and, if known, the place of use of the intelligence equipment; if the reporting technique is to be used against or is to be affected by the right of inviolability of the residence, this information shall be included in the application; ';
7. In Paragraph 10 (1) (c), the words "against the object of interest referred to 'are replaced by the words" against the person referred to. "
8. In Article 10 (3), the words "data on the object of interest to which the reporting technique is to be used 'are replaced by the words" data on the person to whom the reporting technique is to be used, if these data are known'.
9. in Paragraph 19 (3), the following point (c) is inserted after point (b), including footnote 7a:
"(c) the number of cases of use of intelligence equipment in which the Security Information Service is active, specifying the different fields of responsibility of the Security Information Service (7a) and the type of intelligence;
7a) § 5 (1) of Act No. 153 / 1994 Coll. '.
Point (c) shall be renumbered (d).
Amendment to the Electronic Communications Act
In Section 97 of Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Electronic Communications Act), paragraphs 1 and 2, including footnotes No 37 and 37a, read:
"(1) The legal or natural person providing a public communications network or providing a publicly available electronic communications service shall, at the expense of the applicant, establish and secure, at specified points in his network, an interface for the connection of the end-telecommunications device for wiretap and recording messages.
(a) the police of the Czech Republic for the purposes laid down in specific legislation36),
(b) a security information service for the purposes laid down in specific legislation37),
(c) Military intelligence for the purposes laid down by special legislation37a).
(2) The authorities referred to in paragraph 1 shall demonstrate their authorisation to eavesdrop and record reports by transmission of a written request containing the reference number under which the court's decision is kept with that authority and which is signed by the person responsible for carrying out the eavesdropping and recording of reports to the authority referred to in paragraph 1. In the case of wiretap and recording of reports by the Czech Police under special legislation36), the written request shall contain the reference number under which the consent of the subscriber to the listening station at the Police of the Czech Republic is kept.
37) Sections 6 to 8 of Act No. 154 / 1994 Coll., on the Security Information Service, as amended.
37a) Sections 9 and 10 of Act No. 289 / 2005 Coll., on Military Intelligence. '.
Amendment to the Act on the Protection of classified information
In Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended by Act No. 164 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 30 / 2000 Coll., Act No. 363 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 257 / 2004 Coll., and Act No. 386 / 2004 Coll., Part Three, Title One is deleted.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 16 (2) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the Czech Government, as amended by Act No. 60 / 1988 Coll., Act No. 173 / 1989 Coll., Act No. 288 / 1990 Coll., Act No. 548 / 1992 Coll., Act No. 21 / 1993 Coll., Act No. 285 / 1993 Coll., Act No. 289 / 1995 Coll., Act No. 239 / 2000 Coll. and Act No. 13 / 2002 Coll., letter (e) read:
"(e) manages Military Intelligence,"
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 290 / 2005 Coll., on the amendment of laws in connection with the adoption of the Military Intelligence Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.07.2005 |
|---|---|
| Effective from | 01.08.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0