Act No. 411 / 2000 Coll.

Act amending Act No. 89 / 1995 Coll., on State Statistical Service, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended

Valid Law Effective from 01.01.2001
411
THE LAW
of 26 October 2000
amending Act No. 89 / 1995 Coll., on the State Statistical Service, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the State Statistical Service Act
Čl. I
Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 220 / 2000 Coll. and Act No. 256 / 2000 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) The State Statistical Service is an activity that includes data acquisition, production of statistical information on social, economic and environmental developments of the Czech Republic and its various parts, provision of statistical information and publication. It also includes ensuring comparability of statistical information and the fulfilment of obligations under international contracts in the field of statistics by which the Czech Republic is bound. '
2. In Paragraph 2 (3), comma is inserted after the word "numerical 'and" or words' are replaced by "verbal or graphic '.
3. In Paragraph 2 (6), the word "all 'is deleted.
4. Paragraph 2 (8) reads as follows:
"(8) The identification number shall be the code number used to identify the economic operator. ';
5. In Article 2, the following paragraph 9 is added:
"(9) For the purposes of this Act, agricultural production (plant and animal), including greening, horticulture, beekeeping, fishing, fur farming and other animals, hunting and hunting, the production of agricultural products, forest cultivation and logging, and the provision of services to ensure such activities. '
6. Paragraph 3 (2) reads as follows:
"(2) Under the conditions and to the extent laid down by this Act, the State statistical service may be performed by ministries and other central administrative offices (hereinafter referred to as" ministries'). They follow the methodology set by the Czech Statistical Office. '
7. In Article 3 (3), the words "special law (2a) 'shall be inserted after the words" the manner laid down' and the following footnote (2a) shall be added:
"2a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll. '.
8. In the first sentence of Article 4 (1), comma shall be inserted after the word "self-administration 'and the words" and the public' shall be replaced by the words "public and abroad '.
9. in Paragraph 4 (1) (a), the word "fixed" is replaced by the word "fixed."
10. in Article 4 (1) (g) and (h):
"(g) compile statistics on population status and movement (population statistics) and process demographic projections;
(h) carry out short-term surveys; ';
11. in Article 4 (1) (i), the words' and individual administrative units' are replaced by 'and parts thereof';
12. in Article 4 (1), the following points (l) and (m) are inserted after point (k):
"(l) provides statistical information abroad;
(m) cooperate with international organisations in the harmonisation of international statistical recommendations and standards; ';
Point (l) shall be renumbered as point (n).
13. in Article 4 (2), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
14. in Article 4 (2) (c):
"(c) ensure, on the basis of specific legislation, the processing of election results and referendums,"
15. in Paragraph 4 (3), the word "ensure" shall be replaced by "execute."
16. in Article 4 (3) (c), the words "when defining statistical indicators in substance" shall be deleted;
17. in Article 5 (b), the first word "determination" shall be replaced by "creation" and the second sentence shall read: "When data are obtained and statistical information is processed and evaluated in such a way as not to undermine the objectivity of information and not to restrict or distort published data."
18. in Article 8 (d) and (e):
"(d) agricultural activities, even if they are not carried on as business activities,
(e) technical means used for agricultural activities; ';
19. in Article 8, the following point (f) is added:
"(f) the area and use of agricultural land serving the non-production functions of agriculture."
20. in Article 9 (1) to (4), including footnotes (4), (4a), (5), (5a), (5b), (5c) and (5d):
"(1) The authorities carrying out the State Statistical Service shall use data obtained or collected by ministries and other administrative authorities under specific legislation. 4) Ministries and other administrative offices are obliged to provide the necessary information at their request in time and free of charge, unless otherwise provided for in this Act.
(2) The Czech Statistical Office may require:
(a) data obtained in tax management4a) data for statistical registers, data on the performance and assets of economic operators, identifying the place of performance and the subject-matter of the activity;
(b) from data obtained under customs procedure (5):
1. business name, registered office for legal persons, place of residence and place of business, if different from residence, and identification number of exporter or importer or declarant, 5a)
2. type of goods, 5b)
3. type of trade and customs procedure, 5c)
4. the country of destination, the country of origin or, where applicable, the country of trade;
5. weight of the goods,
6. measurement units,
7. Value of goods;
(d) the following information:
1. business firm, registered office, place of residence and place of business in the case of natural persons, if different from residence, and identification number of the social security payer and contribution to the state employment policy, which is a legal person or self-employed person;
2. the number of natural persons for whom he is obliged to pay social security contributions and a contribution to state employment policy.
(3) For statistical purposes and the management of statistical registers, the authorities of the local authorities provide the Czech Statistical Office with free data from their information systems upon request. The Ministry of State Statistical Service may require the authorities of the Territorial Authority to provide data for statistical purposes free of charge only after prior approval of the Czech Statistical Office.
(4) The data provided under paragraphs 1 to 3 shall be transmitted in a form which does not allow the direct identification of the natural or legal person concerned, provided that the purpose for which such data are provided is not thereby undermined.
4) For example, Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, Act No. 455 / 1991 Coll., on Business Business, as amended, Act No. 222 / 1994 Coll., on the Terms of Business and on the Performance of State Administration in Energy Sector and on State Energy Inspection, as amended by Act No. 83 / 1998 Coll.
4a) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
5) Act No. 13 / 1993 Coll., Customs Act, as amended.
5 (a) § 2 (n) of Act No. 13 / 1993 Coll., as amended.
5b) § 2 (d) of Act No. 13 / 1993 Coll., as amended.
5c) § 2 (m) of Act No. 13 / 1993 Coll., as amended.
5d) Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended. '.
21. Paragraph 10 (1), including footnote 5e, reads as follows:
"(1) The statistical survey programme shall be established by the Czech Statistical Office by a decree drawn up in cooperation with the ministries and other administrations, and shall be published at the latest by 30 November of the previous year.
5e) Act No. 309 / 1999 Coll., on the Collection of Laws and on the Collection of International Treaties. '
22. in Paragraph 15 (2):
"(2) The authorities carrying out the national statistical service shall send the forms or technical media of information to the reporting agent free of charge and provide the necessary methodological assistance to carry out the statistical surveys. ';
23. Sections 16 and 17, including the title, read:
"Obligation to confidentiality and protection of individual data
§ 16
(1) Staff of the authorities carrying out the national statistical service and other natural persons responsible for the processing of statistical surveys or for the collection of data for agricultural inventories are obliged to maintain confidentiality regarding the individual data with which they are to be acquainted; natural persons who are familiar with the individual data provided for the purposes of scientific work shall also be required to remain confidential. To that end, they shall be obliged to lodge a confidentiality oath on taking up their duties or before the work in question.
(2) The promise of confidentiality is: "I promise in my honour and conscience that I will not disclose, disclose or allow anyone to know the individual data obtained for statistical purposes, which I will acquaint myself with in accordance with the provisions of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended, and that I will use it only for the purpose for which it was intended." A confidentiality oath shall be lodged in the hands of the competent minister, the head of the competent administrative office or authority or of the person authorised by it.
(3) A promise is made if, after reading it, the person who makes the promise declares, "I promise." The instrument shall also indicate the date of the composition of the promise.
(4) The provision or publication of individual data under the conditions laid down in this Act (§ 17) is not a breach of the obligation of confidentiality.
(5) The obligation to remain silent shall continue after the employment or work concerned has ceased.
(6) Persons who do not take a vow of confidentiality must not be allowed to be familiar with individual data by the authorities performing the national statistical service.
§ 17
(1) Authorities carrying out a national statistical service
(a) they may provide each other with individual data under the conditions laid down in the Special Act, (2a) if they are required to provide a national statistical service;
(b) may, if necessary for the performance of their tasks in the production of statistical information, transmit individual data to another person who, under contract, ensures that they are processed for statistical purposes;
(c) they may transmit an individual figure abroad if this is necessary to fulfil the obligations of the international agreement under which the Czech Republic is bound and if the receiving party ensures at least the protection of such data as is provided to it in the Czech Republic,
(d) provide an individual indication to the court if it is necessary for a decision on infringement of the obligation of secrecy laid down by this law.
(2) In exceptional cases, the authorities carrying out a national statistical service may publish, provide or use an individual figure for purposes other than statistical purposes if the person to whom that information relates has given its consent to such publication, provision or use. If a legal person is involved, the consent must be signed by the statutory authority. The consent shall be in writing and shall make it clear which individual figure is involved, how and by whom it is to be used. The person concerned may withdraw the consent at any time, the appeal may not have retroactive effect.
(3) For the purposes of scientific work, the authorities carrying out a national statistical service may provide individual data to the Academy of Sciences of the Czech Republic or to a university or other legal person whose primary mission is scientific research, provided that the legal person to whom such data is provided ensures the conditions for their protection and that any natural person who becomes familiar with such data makes a promise of confidentiality under this law. Data shall be transmitted in a form which does not allow the direct identification of the person to whom the data transmitted relates.
(4) If no more than one figure can be obtained in a particular set of data set out in the statistical survey methodology, the authorities performing the national statistical service may publish or provide data relating to a single case, provided that, taking into account the circumstances, it is not possible to identify or determine which person is involved.
(5) The activities of persons referred to in Article 17 shall be subject to special law, 2a), with the exception of Article 5 (1) (c), when processing individual data on natural persons for statistical or scientific purposes. ';
24. In Paragraph 18, the following sentences are added at the end of paragraph 4: "The ministries provide statistical information published by the Czech Statistical Office to international organisations. Where ministries provide other statistical information, they shall inform the Czech Statistical Office of the provision of statistical information. '
25. in Paragraph 18, paragraph 5, including footnote 7, shall be deleted;
26. The heading of Section 19 reads: "Statistical classifications and statistical code lists."
27. in Paragraph 19 (1):
"(1) The Czech Statistical Office, in cooperation with the ministries, creates and provides information on statistical classifications and statistical code lists (hereinafter referred to as" classifications ")."
28. Paragraph 19 (4) and (5) are deleted.
29. After Paragraph 19, the following Section 19a is inserted:
„§ 19a
Statistical registers
(1) The Czech Statistical Office maintains a register of economic operators. To the extent provided for by this law, the register is a public list.
(2) For the needs of the state statistical service, in particular for the preparation of statistical surveys, the Czech Statistical Office creates the following additional statistical registers:
(a) the register of census circuits;
(b) the agricultural register;
(c) a register of accommodation facilities.
(3) For the management of the registers referred to in paragraphs 1 and 2, the Czech Statistical Office may use data obtained from other registers. '
30. Paragraph 20 (1) and (6) are deleted.
Paragraphs 2 to 5, 7 and 8 shall be renumbered paragraphs 1 to 6.
31. in Paragraph 20 (2) (b):
"(b) a business name,"
32. in § 20 (2) (d):
"(d) territorial identification of the registered office and place of business, postal address and, where appropriate, telecommunications links;"
33. in Paragraph 20 (2), the dot is replaced by a comma at the end of point (k) and the following points (l) to (r) are added:
"(l) the number of employees;
(m) income (income), 9a)
(n) the amount of the basic currency 9b) or of the money9c) or of the Common Equity, 9d)
(o) area of agricultural and forestry land managed;
(p) area of arable land managed;
(r) whether or not the entity actually does business.
9a) § 24 (6) (e) of Act No. 337 / 1992 Coll., as amended.
9b) Act No. 513 / 1991 Coll., Commercial Code.
9c) Act No. 227 / 1997 Coll., on Foundation and Foundation Funds and amending and supplementing certain related laws (Law on Foundation and Foundation Funds).
9d) Act No. 77 / 1997 Coll., on State Enterprise, as amended. '
34. In the first sentence of Paragraph 20 (5), the figure "3 'is replaced by" 2'.
35. the first sentence of Paragraph 20 (6) reads: "The data referred to in paragraph 2 (k) to (r) and paragraph 3 are private."
36. The following Sections 20a to 20d are inserted after Section 20, including the headings and footnotes 9e) and 9f):
„§ 20a
Register of census circuits
The register of census circuits contains the addition circuits 9e) from the whole territory of the Czech Republic. The register shall contain:
(a) boundaries and verbal description of the census;
(b) territorial identification of homes 9f) in the perimeter, including address and coordinates;
(c) the number of flats in each house.
§ 20b
Agricultural Register
(1) The agricultural register shall keep information on persons engaged in an agricultural activity provided that the extent of such activity corresponds to one of the criteria laid down in the implementing legislation.
(2) The register contains:
(a) a business firm, registered office for legal persons, place of residence and place of business, if different from residence;
(b) identification number,
(c) for natural persons, the birth number;
(d) data obtained in the statistical survey;
(e) economic size and farming;
(f) data on production quotas, subsidies and subsidies.
(3) If the registered person is an economic entity, its internal units shall also be kept in the register (§ 20 (3)).
§ 20c
Register of accommodation facilities
(1) The register of accommodation establishments shall contain data on accommodation facilities used for temporary accommodation of persons and operated for profit and persons operating them (operators).
(2) The following information shall be kept in the register referred to in paragraph 1:
(a) a business firm, registered office for legal persons, place of residence and place of business, if different from residence;
(b) identification number,
(c) for natural persons, the birth number;
(d) the address (location) of the accommodation,
(e) category of accommodation,
(f) the number of rooms and beds used for temporary accommodation of persons,
(g) the number of persons in charge of the operation of the accommodation;
(h) services provided by accommodation facilities.
§ 20d
The registers referred to in Sections 20a to 20c are private. Paragraph 20 (6) of the second sentence applies mutatis mutandis to the provision of data from them.
9e) § 2 (f) of Act No. 158 / 1999 Coll., on the census of people, houses and flats in 2001.
9f) § 2 (a) of Act No. 158 / 1999 Coll. '.
37. the first sentence of Paragraph 21 (1) reads: "The identification number serves for the unambiguous identification of the economic operator and has only a notional meaning."
38. The first sentence of Paragraph 21 (3) reads: "Only one identification number shall be assigned to each economic operator."
39. in Paragraph 21, the following paragraph 4 is added:
"(4) In order to identify unequivocally the fissile plant and other organizational components with a similar status (9g), the identification number of the economic operator to which it is part shall be added to the brackets by the digits expressing the order of that plant in the commercial register.
9g) § 7 (1) of the Commercial Code. '
40. Paragraph 22 (1) (a), including footnote 10, reads as follows:
"(a) legal persons incorporated in a commercial register, foreign persons and organisational units of foreign persons, foundations and foundations and public utility companies, 10)
10) § 28 (6) of the Commercial Code. '
41. in Article 22 (1), the following points (c) and (d) are inserted after point (b), including footnotes 11a, 11b and 11c:
"(c) associations 11a) and political parties and political movements 11b) Ministry of the Interior,
(d) churches, religious societies and other legal persons which derive their legal personality from churches and religious societies, 11c) the Ministry of Culture;
11a) Act No. 83 / 1990 Coll., on the association of citizens, as amended.
11b) Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended.
11c) Act No. 161 / 1992 Coll., on the Registration of Churches and Religious Companies. '
Point (c) shall be renumbered as point (e).

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Regulation Information

CitationAct No. 411 / 2000 Coll., amending Act No. 89 / 1995 Coll., on State Statistical Service, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation29.11.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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