Decree No. 415 / 2006 Coll.
Order setting out the technical conditions and procedure for the acquisition and further processing of biometric data contained in the travel document data medium
Valid
Order
Effective from 01.09.2006
415
DECLARATION
of 18 August 2006
laying down the technical conditions and procedure for the acquisition and further processing of biometric data contained in the travel document data medium
The Ministry of Interior provides for the Act No. 325 / 1999 Coll., on Asylum and on the amendment of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, as amended by Act No. 136 / 2006 Coll., pursuant to § 182 (1) (d) of Act No. 326 / 1999 Coll., on the Stay of Foreigners in the Czech Republic and on the Amendment to Act No. 283 / 1991 Coll., as amended by the Act on Travel Documents (Act on Travel Documents), as amended by Act No. 136 / 2006 Coll.:
This decree (1) regulates, following the directly applicable regulation of the European Communities (2), the technical conditions and procedure for the acquisition and further processing of biometric data (3) contained in the travel document carrier with machine readable data and data carrier with biometric data issued by the Czech Republic (5) and the asylum document with machine-readable data (4), the foreign passport with machine-readable data and the data carrier with biometric data issued by a foreign person on the territory of the Czech Republic (6) (hereinafter the "travel document '), including the procedure for the acquisition of biometric data for persons with unusual anatomical or physiological assumptions for the display of a face or the acquisition of fingerprints on the right and left hand.
The biometric data of the applicant for the issue of the travel document (the applicant) shall be obtained by the competent authority for the issue of the travel document or by the representative office, with the exception of the consular office maintained by the fee-based consular officer (7) (the competent authority) when processing the application for the issue of the travel document (the application) by scanning the form and fingerprints of the applicant for digital technology.
(1) The applicant is scanned in the front view in such a way that the central vertical plane of the face is an extension of the vertical plane of the digital camera lens and the horizontal plane of the face formed by the eyes is an extension of the horizontal plane of the digital camera lens and its view is directed towards the digital camera lens. Facial imaging must meet technical parameters according to the directly applicable European Community8).
(2) The image of the face captures neutral expression and closed mouth, the eyes must be open and the hair must not be covered.
(3) The image of the face shall be processed in the data medium even if it does not comply fully with the requirements of paragraphs 1 or 2 due to the unusual anatomical or physiological assumptions of the applicant.
(1) A single fingerprint shall be taken from each hand. First, the imprint of the right hand index finger is taken. If the required quality of the index finger imprint is not achieved, the thumb, middle finger or right hand ring finger shall be taken gradually until the imprint meets the required quality. In the event that none of the fingerprints of the right hand reaches the required quality, a fingerprint shall be selected, which shall have the best scoring set for a fingerprint of lower quality. The same procedure is applied to the left hand. Fingerprints shall comply with the technical parameters in accordance with the directly applicable Regulation of the European Community8) and shall be consistent with fingerprints taken for identification purposes immediately after the acquisition of fingerprints in accordance with the first to fifth sentences.
(2) If the applicant has anatomical or physiological assumptions that do not permit the imprint of any finger from one hand, only one finger from the other hand shall be imprinted.
(3) Where, for the reasons referred to in paragraph 2, the applicant cannot obtain a fingerprint, fingerprints shall not be taken.
(4) The data carrier shall provide an indication of which fingerprint has been taken, including the quality of the fingerprint.
(1) Biometric data taken in accordance with Sections 2 to 3a and, where applicable, that the data carrier does not contain fingerprints shall be used for the creation of a data file which is attached to an electronically processed application for the production of the travel document; the data file shall be closed by a security code prior to its connection to the application. The facial image shall also be used for printing the photograph on a printed copy of the electronically processed application.
(2) The applicant shall confirm, by his signature, the accuracy and completeness of the electronically processed application on its printed copy. The competent authority shall affix an electronically processed application and an attached dataset with a security code and a guaranteed electronic signature (9) identifying the authorised official person processing the application.
(3) The security and security codes referred to in paragraphs 1 and 2 are allocated automatically by the electronic application processing system. The electronic application processing system means the input processing part of the information system in which data on the issuing of the travel document or data on its holder contained in the application are processed under a specific legislature10.
(1) Biometric data and their further processing must always guarantee the individuality of the data taken and its originality.
(2) The electronic application processing system must not communicate with any information systems or, where appropriate, other electronic media, except for the population and information systems in which data on the issuing of the travel document or the holder of the travel document contained in the application are processed pursuant to a specific legislature10.
The competent authority shall carry out the verification of the accuracy of biometric data in the biometric data medium in such a way as to exclude any other, albeit non-systematic, operation with such data, in particular their collection, storage, disclosure, modification or modification, use, transmission, dissemination, publication, retention, exchange or combination.
This Decree shall take effect on 1 September 2006.
Minister:
Mgr. Bublan v. r.
1) It is issued for the implementation and within the limits of laws which have already been adapted to the directly applicable provisions of the European Communities.
2) Council Regulation (EC) No 2252 / 2004 on standards for security and biometric features in passports and travel documents issued by Member States.
3) Article 5 (2) of Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on travel documents), as amended by Act No. 136 / 2006 Coll., § 111 (3) of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 136 / 2006 Coll., and Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., as amended by Act No. 2 / 2002 Coll.
4) § 5 paragraphs 1 and 2 of Act No. 329 / 1999 Coll., as amended by Act No. 559 / 2004 Coll. and Act No. 136 / 2006 Coll.
5) § 113 paragraphs 1 and 2 of Act No. 326 / 1999 Coll., as amended by Act No. 222 / 2003 Coll., Act No. 428 / 2005 Coll. and Act No. 136 / 2006 Coll.
6) § 61 paragraphs 1 and 2 of Act No. 325 / 1999 Coll., as amended by Act No. 2 / 2002 Coll., Act No. 217 / 2002 Coll. and Act No. 136 / 2006 Coll.
7) § 20 paragraphs 2 and 3 of Act No. 329 / 1999 Coll., as amended by Act No. 136 / 2006 Coll. § 164 paragraph 2 (d) of Act No. 326 / 1999 Coll., as amended by Act No. 222 / 2003 Coll., Act No. 428 / 2005 Coll. and Act No. 136 / 2006 Coll. § 61 paragraph 1 of Act No. 325 / 1999 Coll., as amended by Act No. 136 / 2006 Coll.
8) Article 2 (c) and Article 5 (2) of Council Regulation (EC) No 2252 / 2004, as amended by Regulation (EC) No 444 / 2009 of the European Parliament and of the Council.
9) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
10) § 20 (2) of Act No. 329 / 1999 Coll., as amended by Act No. 136 / 2006 Coll., § 158 (7) of Act No. 326 / 1999 Coll., as amended by Act No. 136 / 2006 Coll., § 71 (6) of Act No. 325 / 1999 Coll., as amended by Act No. 136 / 2006 Coll.
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Regulation Information
| Citation | Decree No. 415 / 2006 Coll., laying down the technical conditions and procedure for the acquisition and further processing of biometric data contained in the travel document data medium |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.08.2006 |
|---|---|
| Effective from | 01.09.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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