Act No. 363 / 2000 Coll.
Act amending Act No. 148 / 1998 Coll., on the Protection of classified information and amending certain laws, as amended
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Effective from 22.11.2000
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22.11.2000
23.10.2000
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363
THE LAW
of 14 September 2000
amending Act No. 148 / 1998 Coll., on the Protection of classified information and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
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. and Act No. 30 / 2000 Coll., is amended as follows:
1. Paragraph 2 (11) reads as follows:
"(11) The supporting material shall be a security questionnaire, an extract from the criminal register (2) and a statement of the proposed person's capacity for personality (hereinafter referred to as the" declaration of personality ') or an opinion on personality.'.
2. The following Section 8a is inserted after Section 8, including the title and footnote (6a):
Ministry of Defence
(1) The Ministry of Defence shall ensure and, to the extent provided for by this Act, carry out, with the agreement of the Office, level II security clearance of the proposed persons who are in service to the Ministry of Defence or to the armed forces of the Czech Republic or who perform military active services6a) or are students of military schools and issue and withdraw certificates to such persons.
(2) In carrying out the tasks referred to in paragraph 1, the Ministry of Defence shall be entitled to:
a) use information from the records of the Ministry of Interior and from the records of the Police of the Czech Republic,
(b) to obtain the necessary information to the extent necessary from the authorities of the State, organisations and legal persons;
(c) require a copy of the register of punishments, 6)
(d) bring together the records;
(e) keep a safety file on the proposed person;
(f) keep in the information systems the data obtained in the framework of the security clearance of the proposed persons or organisations.
(3) If, during the security clearance referred to in paragraph 1, facts which cannot be verified by the measures provided for in that level of security clearance occur, the Authority may be requested to implement the necessary measures provided for in the third level of security clearance. This can only be done with the written consent of the proposed person.
(4) The issuing or withdrawal of the certificate referred to in paragraph 1 shall be notified by the Ministry of Defence (hereinafter referred to as the Ministry). The Office shall, within 30 days of its issue or withdrawal.
6a) § 16 of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on military administrative offices (the Defence Act). '.
3. in Article 9 (1) (a), the comma and the word "staff" shall be inserted after the words "members" and the words "staff" shall be inserted after the words "certificate";
4. In Article 9 (1) (b), the second sentence is deleted.
5. The following Section 10a is inserted after Section 10:
(1) In carrying out security checks on the proposed persons and issuing and withdrawing the certificates and certificates referred to in Article 9 (1) (a), the intelligence services shall have the status of the Office.
(2) In carrying out the security clearance of the proposed persons and issuing and withdrawing the certificates referred to in Section 10 (1), the Police of the Czech Republic shall have the status of Office.
(3) In carrying out level II security clearance and issuing and withdrawing the "Confidential 'classification certificates referred to in Section 8a (1), the Ministry shall have the status of Office.
(4) In the handling of a complaint (§ 75) lodged by the proposed person or person certified and for whom security clearance has been carried out pursuant to § 8a (1), § 9 (1) (a) or § 10 (1), the Minister of Defence, the Director of the Intelligence Service and the Police President shall have the status of Director of the Office and the Ministry, Intelligence Service or Police of the Czech Republic as the Office. "
6. In Article 11 (d), the words "Section 8a (2) (b) 'are inserted after the words" Section 8 (2) (b)'.
7. in Paragraph 12 (2) (h), the words "by this law" shall be replaced by the words "in Paragraph 18 (1)."
8. in Article 14 (1) (c):
"(c) notify in writing:
1. to the statutory authority changes to the data contained in the basic part of the security questionnaire under points (a), (c), (d), (i) and to the facts kept in the Register of Penalties register;
2. The Office, the Ministry, the Ministry of Intelligence or the Police of the Czech Republic, according to its competence to carry out a security clearance and, depending on the degree of security clearance carried out, the change in the data referred to in point 1, in the first additional part of the security questionnaire referred to in points (d) and (k), in the second additional part of the security questionnaire referred to in points (a) and (b) and changes in other supporting materials. ';
9. In Paragraph 14 (1), the line at the end of point (c) is replaced by a dot and point (d) is deleted.
10. In Article 14 (2), the words "and staff 'shall be inserted after the words" with the exception of members' and the words "intelligence services' shall be inserted after the words" and members and staff of the Police of the Czech Republic certified under § 9 (1) (a) or § 10 (1) ';
11.
(1) The conditions for determining the proposed person for the "Reserved" classification level are fulfilled by the person who:
a) is a national of the Czech Republic,
(b) be eligible for legal action;
(c) reach the required age; and
(d) is fair.
(2) The conditions for the issue of a certificate proposed to a person for the classification levels "Confidential," "Secret" or "Top Secret" are met by a person who:
(a) satisfies the conditions referred to in paragraph 1;
(b) is competent in person; and
(c) it shall be of safety reliability.
(3) Exemptions from paragraph 1 (a) are granted by the Government. "
12. in Paragraph 20 (2):
"(2) The integrity of a level I security clearance shall be evidenced by an extract from the criminal register (2) and a copy of the criminal register (6) shall be collected from the level II, III or IV security clearance."
13. Article 21 shall be deleted;
14. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) In carrying out level II security clearance, personality shall be assessed on the basis of a declaration of personality. In the course of this security clearance, if the facts giving rise to doubt as to whether the proposed person is personally competent are ascertained, the Office shall assess his / her personality on the basis of an assessment of the personality which he / she invites. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
15. in Article 22 (5), the words "model of the declaration of personality" shall be inserted after the words "legislation."
16. in Paragraph 23 (2):
"(2) The safety risk shall be considered in particular:
(a) action against the interests of the Czech Republic and against the interests which the Czech Republic has undertaken to protect;
(b) activities aimed at the suppression of human rights or freedoms and, where appropriate, the promotion of such activities;
(c) contact with a person who, after 1 January 1990, has been or has been active against the interests of the Czech Republic, possibly in the environment of persons who are engaged in such an activity;
(d) behaviour and manner of life which may affect the integrity, credibility or ability to conceal facts;
(e) a fact which may give rise to extortion; or
(f) use of another identity. ';
17. In Article 23, the following paragraph 3 is inserted after paragraph 2:
"(3) A safety risk may also be considered
(a) final convictions not listed in the extract from the Register of Penalties, (2); or
(b) ongoing prosecution. "
Paragraph 3 shall become paragraph 4.
18. In Article 24, the following paragraph 5 is inserted after paragraph 4:
"(5) The security clearance may be terminated upon written request by the statutory authority which requested its implementation. In such a case, the procedure referred to in paragraph 4 shall be followed, without prejudice to the withdrawal of the consent of the proposed person to carry out the security clearance. ';
Paragraphs 5, 6 and 7 shall be renumbered paragraphs 6, 7 and 8.
19. In paragraph 27, the words "the measures referred to in paragraph 26 et seq. 'are deleted.
20. in Article 27, the following point (a) is added:
"(a) an assessment of the supporting material by the Office;"
Points (a) to (c) shall be renumbered (b) to (d).
21. In Paragraph 27, the words "including verification of her identity" shall be added at the end of point (c).
22. Paragraph 28, including the title, reads:
Level III security clearance
(1) Level III security clearance consists of the measures referred to in Section 27 and
(a) an inquiry by the Office pursuant to Article 8 (2) (a) and (b) to persons over 18 years of age living together with the proposed person at the place where the person is registered for permanent residence and at another place where the proposed person is present;
(b) an investigation of the intelligence services pursuant to § 9 (2) (b) and of the Police of the Czech Republic pursuant to § 10 (4) (a) to persons over 18 years of age living together with the proposed person at the place where he is registered for permanent residence and at another place where the proposed person resides, carried out at the request of the Office.
(2) If the measures carried out under paragraph 1 reveal evidence that could be considered as an obstacle to the issue of a certificate, level III security clearance may further constitute an investigation of the intelligence services or of the police of the Czech Republic to the proposed person in the environment in which he is moving to determine whether the proposed person is exposed to security risks. The investigation shall be carried out at the request of the Office. ';
23. In the first sentence of Article 29, the words "the measures referred to in Article 28 and further the investigation of the intelligence services' are replaced by the words" level III security clearance, verification of the identity of the proposed person by the intelligence services and their investigation '.
24. In Paragraph 31 (1), the word "in detail 'shall be inserted before the word" inform'.
25. Paragraph 32 (5) reads:
"(5) The background materials for level I security clearance are the basic part of the security questionnaire and the extract from the criminal record. (2) Level II background materials are the basic and first additional part of the security questionnaire and the declaration of personality, unless otherwise provided by law. The background materials for level III or level IV security clearance shall be the basic, the first additional part of the security questionnaire and the second supplementary part of the personal fitness assessment. ';
26. Paragraph 33, including the title and footnote 9a, reads:
Security questionnaire
(1) The safety questionnaire is divided into parts of the basic and two additional parts.
(2) The essential part shall be completed by each proposed person and forwarded to the statutory authority.
(3) The first additional part shall be completed by the proposed person for security clearance II, III or IV purposes. The second additional part shall be completed by the proposed person for the purposes of level III or level IV security clearance. The relevant supplementary parts, including the declaration of personality or opinion on personality, shall be transmitted by the proposed person to the statutory authority in a form excluding the possibility for the statutory authority to be familiar with their content.
(4) In the basic part, the proposed person states:
(a) name and surname, titles,
(b) date and place of birth, birth number,
(c) the address of the place of permanent residence and the address of another place of residence;
(d) family status,
(e) citizenship including previous citizenship;
(f) the identity card number, the date and place of issue;
(g) current occupation;
(h) an overview of previous employers and professions in the last 5 years;
(i) a CV.
(5) In the first additional part, the proposed person states:
(a) the type and number of the travel document, the date and place of issue;
(b) if the soldier or non-soldier, in the soldier the number of the military book, the registration place and the military rank achieved, in the non-soldier the reason for the disappearance of the military obligation;
(c) if she is, or has been, in a service relationship, in which, to whom and to whom and the rank achieved,
(d) all criminal charges brought and communicated against him and final convictions;
(e) membership of organisations' bodies in the last 5 years;
(f) business activity in the last 5 years;
(g) continuous stays abroad longer than 30 days after the age of 18 and shorter stays, the total length of which has exceeded 120 days per calendar year in the last 5 years;
(h) property ratios;
(i) performance of decisions ordered against it in the last 5 years;
(j) membership of the People's militia,
k) contacts and links to former and current intelligence and security services of foreign power or to intelligence services of former Czechoslovak Socialist Republic,
(l) an overview of previous security checks carried out under this law;
(m) whether or not it has taken narcotic or psychotropic substances,
(n) whether or not it is dependent on another substance;
o) whether she is or has been treated for any addiction;
(p) the addendum to the CV relating to the facts contained in this part of the questionnaire.
(6) In the second additional part, the proposed person shall indicate:
(a) name, surname, title, birth number, date and place of birth, nationality, including previous nationality, spouse and date of marriage;
(b) the current employer and the profession of the spouse and the address of the place where he is registered for permanent residence, if different from the similar figure of the proposed person;
(c) the name, surname, birth number and date and place of birth and nationality, including previous persons living together with the proposed person at the place where the person is registered for permanent residence and at another place where the proposed person is present;
(d) the names and addresses of 3 persons not listed in the safety questionnaire for another reason and may comment on the person proposed,
(e) an overview of school visits;
(f) an overview of previous employers and non-core professions;
(g) property ratios of household members, 9a)
(h) the addresses of the places where the proposed person has been registered for permanent residence in the last 10 years and of other places where he has remained;
(i) contacts with persons living abroad;
(j) jurisdiction and relations with associations, public utility companies and foundations in the last 5 years;
(k) approval to verify the state of the bank accounts, the account in the Securities Centre and approval to verify the tax return, 10)
(l) the addendum to the CV relating to the facts contained in this part of the questionnaire.
(7) The safety questionnaire includes:
(a) 1 photograph, measuring 35 x 45 mm, corresponding to the current form of the proposed person, shows it at the front of the face of the head with a height of at least 13 mm from the eye to the chin, in civil clothing, without glasses with dark glasses, except for the blind and without the headgear, unless its use is justified by reasons of religion or health; in such a case, the headgear shall not cover the facial part in such a way as to prevent its identification;
(b) an honest declaration of the veracity of the particulars,
(c) consent to carry out security clearance;
(d) consent to the collection and management of data in accordance with specific legislation. 11)
(8) The completed safety questionnaire is only used for the purpose of the security clearance. The information contained therein shall be protected against unauthorised loading.
(9) The Authority is to establish, by law, the form of the Security Questionnaire, its model and its method of completion.
9a) § 115 of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 509 / 1991 Coll. '
27. in Paragraph 34 (2), the words "paragraph 1" shall be inserted after the words "Paragraph 18."
28. In Article 34 (3), the words "paragraph 1 'shall be inserted after the words" Paragraph 18'.
29. In Paragraph 34, the following paragraph 4 is added:
"(4) The statutory authority of the State authority shall be entitled to delegate to senior staff entitled to legal acts in employment relations and to official officials entitled to receive citizens in service or to perform legal acts in employment relations, to carry out their obligation to carry out level I security clearance of the proposed persons. ';
30. In Article 35 (1), the words "and after their evaluation by the statutory authority 'are deleted.
31. in Paragraph 35 (2):
"(2) Before sending an application for certification, the statutory authority shall only be entitled to familiarise itself with the essential part of the security questionnaire and to obtain a copy thereof, which it shall base on the file of the proposed person. ';
32. in Paragraph 36 (1), the words "paragraph 2" shall be inserted after the words "Paragraph 18" and the words "may be published" shall be replaced by "issued."
33. In Paragraph 36, the words "and, for level I security clearance carried out by the Office, notification of compliance with the conditions referred to in Paragraph 18 (1) issued by the Office 'shall be added at the end of paragraph 2.
34. in Paragraph 36 (3), the words "paragraph 2" shall be inserted after the words "Paragraph 18" and the following sentence shall be inserted after the first sentence: "If the proposed person does not meet the conditions for certification for the required classification level, the Office shall issue a certificate for the classification level for which the proposed person fulfils the conditions."
35. in the first sentence of Paragraph 36 (4), "(a) to (d)" shall be replaced by "(1)."
36. in Paragraph 36, the following paragraph 6 is inserted after paragraph 5:
"(6) Where a statutory authority which has carried out a level I security clearance and its designation for the proposed person finds that that person has ceased to comply with one of the conditions set out in Paragraph 18 (1), it shall notify that person and shall immediately withdraw its designation. ';
Paragraph 6 shall become paragraph 7.
37. in Paragraph 36 (7), the words "paragraph 2" shall be inserted after the words "Paragraph 18."
38. in Paragraph 37 (2) (b):
"(b) a notification pursuant to Article 36 (6) or (7)."
39. in Paragraph 37 (3):
"(3) If the certificate referred to in paragraph 2 (b) has expired, the person who has been issued the certificate by the Office, the Ministry, the Intelligence Service or the Police of the Czech Republic shall be obliged to surrender it within 5 working days of the date of notification of such termination to the person who issued the certificate. At the same time, he is obliged to submit the certificate, if it was issued to the person who issued the certificate, within the same time limit."
40. In Paragraph 38 (5), the following sentence is added after the last sentence: "Before such designation, the statutory authority shall require the person to be designated and hold a valid certificate for the required grade, a copy of the essential part of the security questionnaire. At the same time, the statutory authority shall establish a file on the proposed person. ';
41.Paragraph 38 (6) reads:
"(6) The statutory authority shall notify the Office in writing within 30 days of the date of designation of the proposed person. This obligation is not for the intelligence services and the police of the Czech Republic to designate proposed persons to whom they have issued certificates pursuant to § 9 (1) (a) or § 10 (1). '
42. In Paragraph 39, the following sentence is added at the end of paragraph 4: "This obligation shall not apply to the intelligence services and to the police of the Czech Republic for the cessation of designation of persons to whom they have issued certificates pursuant to § 9 (1) (a) or § 10 (1)."
43. In Paragraph 43 (1) (e), the words "Vice President and Members" shall be inserted after the words "President."
44. in Paragraph 44 (2):
"(2) The security file of the proposed person shall be established by:
(a) the Office at the start of security clearance II, III or IV;
(b) the Ministry at the beginning of the level II security clearance carried out in accordance with § 8a (1);
(c) intelligence services at the initiation of security clearance II, III or IV, carried out in accordance with Article 9 (1) (a);
d) Police of the Czech Republic at the initiation of security clearance II., III. or IV.
and after its establishment guides it, complements it, records it and eliminates it. ';
45. in Article 44 (4), the words "80 years after its establishment" shall be replaced by the words "20 years after the expiry of the last certificate issued or the date of service of the last notification of non-compliance."
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Regulation Information
| Citation | Act No. 363 / 2000 Coll., amending Act No. 148 / 1998 Coll., on the Protection of classified information and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2000 |
|---|---|
| Effective from | 22.11.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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