Act No. 32 / 2008 Coll.
Act amending Act No. 412 / 2005 Coll., on the Protection of Classified Information and Security Capability, as amended, Act No. 499 / 2004 Coll., on Archiving and File Service and on the Amendment of Certain Acts, as amended, and Act No. 106 / 1999 Coll., on Free Access to Information, as amended
Valid
Law
Effective from 01.03.2008
Text versions:
01.03.2008
12.02.2008
32
THE LAW
of 16 January 2008
amending Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, as amended, Act No. 499 / 2004 Coll., on archiving and file services and amending certain acts, as amended, and Act No. 106 / 1999 Coll., on free access to information, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the protection of classified information and on security competence
Act No. 412 / 2005 Coll., on the protection of classified information and security competence, as amended by Act No. 119 / 2007 Coll., Act No. 177 / 2007 Coll. and Act No. 296 / 2007 Coll., is amended as follows:
1. Paragraph 21 (5) reads as follows:
"(5) The classified information shall be recorded in the administrative aids specified in the implementing act; This shall not apply if, in the case of cover materials of classification grade reserved for classified information, the reserved responsible person determines that they shall not be recorded. The administrative assistance shall also record the transmission, receipt or other movement of classified information. ';
2. In Paragraph 21 (8), the second sentence is deleted.
3. Paragraph 23 (1) reads as follows:
"(1) In the absence of classified information requiring a special treatment, the obligation laid down in Article 21 (8) shall not apply to the transmission of classified information.
(a) to the classified classified classified classified between intelligence services and similar services of foreign authority, carried out in the framework of cooperation under special legislation19) in cases where the procedure under Paragraph 21 (8) cannot be followed;
(b) the classification level Reserved, provided that the responsible person so provides and does not expressly require the authority or agent to have classified information certified to take over. ';
4. In Article 23 (2), the words "and the extent of the underlying materials of the classification grade reserved for classified information of the classification grade" shall be added at the end of the text of point (b).
5. In Article 23, the following paragraph 4 is added:
"(4) The Office announces in the Collection of Laws the conversion tables of classification levels according to the international treaties with which the Czech Republic is bound."
6. In Article 28 (4), the words "or members of the armed forces of foreign power 'shall be inserted after the words" armed corps'.
7. In Article 30 (3), the words "in other foreign missions' shall be inserted after the words" in other foreign missions', the words "and practical military training with military technology and military equipment outside the places of permanent dislocation of the military unit 'and the words" legislation (21)' shall be inserted.
8. In Paragraph 62, the following sentence is added at the end of paragraph 1: "The Office may also recognise a security authorisation where recognition is consistent with the foreign political and security interests of the Czech Republic; there is no legal entitlement to such recognition. In accordance with the third sentence, the Office may request a written opinion from the Ministry of Foreign Affairs and the relevant intelligence services; if the Office does not receive the opinion requested within 30 days of the date of receipt of the request, the opinion shall be deemed to be positive. ';
9. Paragraph 62 (4) reads as follows:
"(4) The recognition referred to in the second sentence of paragraph 1 shall be sent by the Office to the holder of a security authorisation within 10 days of the date on which his application is submitted. The recognition referred to in the third sentence of paragraph 1 shall be sent by the Office to the holder of a security authorisation within 60 days of the date on which his application is submitted; if recognition is not in accordance with the foreign policy or security interests of the Czech Republic, the Office shall not comply with the application and shall notify the applicant in writing within the same time limit. ';
Amendment of the Archiving Act and File Service
In Act No. 499 / 2004 Coll., on archiving and file service and amending certain laws, as amended by Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 181 / 2007 Coll., and Act No. 296 / 2007 Coll., the following Section 64a is inserted after § 64:
Handling documents marked "NATO UNCLASSIFIED" or "LIMITE"
(1) The document provided by the North Atlantic Treaty Organisation or by the European Union is protected by the designation "NATO UNCLASSIFIED 'or" LIMITE' in the interests of State security, public security or the protection of third-party rights. In the Czech Republic, this designation is respected for the purpose of fulfilling the obligations arising from its membership of the North Atlantic Treaty Organisation or the European Union; Such a document may be made known to the person who is in need of it for the performance of his or her duties, for work or other similar activities. Any other person may be provided with the consent of the originator and under the conditions laid down by him.
(2) The document referred to in paragraph 1 shall be treated in such a way that it is not known to an unauthorised person.
(3) A public authority, a legal person or a natural person may not indicate the documents produced by the text "NATO UNCLASSIFIED" or "LIMITE." '
Amendment to the Freedom of Information Act
In Article 11 (1) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 61 / 2006 Coll., at the end of point (a), the word "or 'shall be deleted; at the end of point (b) the dot is replaced by" or' and at the end of the paragraph, point (c) shall be added, including footnote 8a:
"(c) the information provided by the North Atlantic Treaty Organisation or by the European Union, which is protected by the designation" NATO UNCLASSIFIED "or" LIMITE "in the interests of State security, public security or the protection of third parties' rights, and in the Czech Republic, that designation is respected for the purposes of fulfilling the obligations arising for the Czech Republic from its membership of the North Atlantic Treaty Organisation or the European Union, unless the originator has given consent (8a).
8 (a) § 64a of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws, as amended by Act No. 32 / 2008 Coll. '.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 32 / 2008 Coll., amending Act No. 412 / 2005 Coll., on the Protection of Classified Information and Security Eligibility, as amended, Act No. 499 / 2004 Coll., on Archiving and File Service and on the Amendment of Certain Acts, as amended, and Act No. 106 / 1999 Coll., on Freedom of Access to Information, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 01.03.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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