Full text of Act No. 418 / 2002 Coll.
Full text of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as resulting from subsequent amendments
Valid
Declared full text
Text versions:
27.09.2002
Contents
§ 1
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1a
§ 2
HLAVA DRUHÁ
§ 3
§ 4
§ 5
§ 6
HLAVA TŘETÍ
§ 7
§ 8
§ 8a
§ 9
§ 10
§ 10a
HLAVA ČTVRTÁ
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
HLAVA PÁTÁ
§ 17
Díl první
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
Díl druhý
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Díl třetí
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Díl čtvrtý
§ 44
§ 45
§ 46
HLAVA ŠESTÁ
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
HLAVA SEDMÁ
§ 67
§ 68
HLAVA OSMÁ
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 77a
§ 77b
§ 77c
§ 77d
§ 77e
§ 77f
§ 77g
§ 77h
§ 77i
§ 77j
§ 77k
HLAVA DEVÁTÁ
§ 78
§ 79
§ 80
§ 81
ČÁST DRUHÁ
§ 81a
§ 81b
§ 81c
§ 81d
§ 81e
§ 81f
§ 81g
§ 81h
§ 81i
§ 81j
§ 81k
§ 81l
§ 81m
§ 81n
§ 81o
§ 81p
§ 81r
§ 81s
§ 81t
ČÁST ČTVRTÁ
§ 88
§ 89
Zobrazeno prvních 200 z celkem 1039 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
418
PRESIDENT OF THE GOVERNMENT
announces the full text of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as is apparent from the amendments made 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. 60 / 2001 Coll., the Constitutional Court found under Act No. 322 / 2001 Coll. and Act No. 310 / 2002 Coll.
THE LAW
on the protection of classified information and amending certain laws
Parliament has decided on this law of the Czech Republic:
This law governs
(a) the protection of classified information; and
(b) the security capacity of natural persons.
PROTECTION OF SECRET FACTS
BASIC PROVISIONS
Subject matter
The first part of the Act defines the facts to be classified in the interests of the Czech Republic ("classified information '), the manner in which they are protected, the competence and powers of the State authorities in the exercise of the state administration in the field of the protection of classified information, the obligations of the authorities of the State, the rights and obligations of natural and legal persons and the responsibility for the breach of the obligations laid down in Part One of the Act and the status of the National Security Office (" the Office').
Definition of terms for the purposes of this Act
(1) The interest of the Czech Republic is the preservation of constitutionality, sovereignty, territorial integrity, the safeguarding of state defence, public security, the protection of important economic and political interests, the rights and freedoms of natural and legal persons and the protection of the life or health of natural persons.
(2) Injury is such damage or threat to the interest of the Czech Republic or to the interest which the Czech Republic has committed itself to protect, the consequences of which cannot be remedied or can only be mitigated by subsequent measures. Given the importance of the interest and the gravity of the injury caused, the injury is classified as extremely serious injury, serious injury and simple injury.
(3) Maintaining confidentiality is an obligation not to disclose classified information to a person who is not entitled to acquaint himself with such information.
(4) Compliance with the protection of classified information shall be understood as an obligation to maintain confidentiality and to comply with the other obligations laid down by this law and within its limits.
(5) The unauthorised treatment of classified information shall be disclosure, abuse, damage, impairment, destruction, breach of protection or loss. Non-classified information shall also be deemed not to have been tampered with by the classification level or by incorrect classification.
(6) The central office is the Ministry, another central authority of the state administration, as well as the Security Information Service, Military Intelligence and the Office for Foreign Relations and Information (hereinafter referred to as the "Intelligence Services'), the Office of the President of the Republic, the Office of the Senate and the Office of the Chamber of Deputies, the Supreme Audit Office, the Office of Government and the Czech National Bank.
(7) The authority of the state is the central office, other administrative office, court, prosecutors, police of the Czech Republic and a higher local authority in the exercise of the state administration in the delegated capacity.
(8) The organisation shall be a legal person or a natural person operating under the conditions of a special law. 1)
(9) The statutory body shall be with the authority of the State, with the exception of the municipality, its manager, with the municipality, the Secretary of the Municipal Office, if not the Mayor, and with the organisation, of which the special law provides.
(10) Occupation means employment, employment or other employment relationship and employment relationship.
(11) The background materials are a security questionnaire, an extract from the criminal register (2) and a statement by the proposed person on his / her personality ("declaration of personality ') or an opinion on his / her personality.
(12) The designated person is a natural person who has been designated to have contact with classified information for a defined area of activity and for the classification level for which a certificate has been issued or for a lower classification level (hereinafter referred to as "destination '). The condition of the certificate shall apply only where the law provides for its issue before the designation of the person.
_
Classified facts
(1) A classified fact is a fact with which unauthorised treatment could cause harm to the interests of the Czech Republic or to the interests which the Czech Republic has committed itself to protect, or which could be unfavourable to those interests, and which is listed as classified information.
(2) The lists of classified information shall be drawn up by the Office on a proposal from the central authorities.
(3) The lists of classified information shall be issued by the Government by its regulation.
Areas of classified information
The classified facts may occur especially in the area
a) security of defence and security of the Czech Republic,
(b) material reserves;
(c) the import and export of the selected military material3) or of the security techniques;
(d) processing and transmission of data in transmission, computing and information systems;
(e) research, development, production and services of weapon and safety systems and equipment;
(f) protection of persons, objects and objects, 4)
(g) preparation of documents for the security of military shipments or shipments of the President of the Republic and of constitutional officials of other States;
(h) public security;
(i) the organisational structure of the intelligence services and services of the Czech Police,
(j) belonging to the intelligence services and services of the Police of the Czech Republic,
(k) use of intelligence and specific means by intelligence services or operational techniques and operationally searching means by the police of the Czech Republic and customs authorities;
(l) the forms, methods and results of the intelligence activities aimed at obtaining, concentrating and evaluating information;
(m) the data in the intelligence records kept for the purpose of carrying out the tasks within their competence;
(n) cooperation of intelligence services with intelligence services of foreign authority;
o) cooperation between the police of the Czech Republic and police services of foreign power,
(p) activities of the Police of the Czech Republic in the detection of crimes and their perpetrators and cases handled by intelligence services,
r) Financial and material technical security of the intelligence services and services of the Czech Police,
(s) scientific and technological processes and outputs, production, research, development and materials;
(t) the protection of nuclear and chemical equipment, the transport and storage of nuclear materials and dangerous substances;
(u) customs measures;
(v) the preparation and implementation of monetary measures;
(w) the location, transport and means of security of stocks of money, precious metals and foreign exchange reserves in gold and foreign exchange means;
(x) banking operations and the capital market;
(y) claims of the Czech Republic abroad and how they are disposed of;
(z) preparation of amnesty granted by the President of the Republic;
(za) research, development, production and use of means of protecting classified information; or
(zb) international negotiations and contracts where their nature so requires or if the Parties so agree.
Undertakings
(1) Classified facts are classified as classified
(a) top secret;
(b) classified;
(c) confidential; or
(d) reserved.
(2) The classified classified classified classified in the classified classification of classified information in the event that the unauthorised treatment of it could cause extremely serious damage to the interests of the Czech Republic; This classification shall be marked "Top Secret 'or" PT'.
(3) The classified classified classified classified in the classified classification of classified information in the event that unauthorised treatment of it could cause serious harm to the interests of the Czech Republic; This classification shall be marked "Secret 'or" T'.
(4) Confidential information shall be classified as confidential in the event that unauthorised treatment of the classified information could cause simple damage to the interests of the Czech Republic; this classification level shall be referred to as "Confidential 'or" D'.
(5) The classified information shall be classified in the classified level where it could be improper for the interests of the Czech Republic; This classification shall be marked "Reserved 'or" V'.
(6) According to the previous paragraphs, classified classified classified classified information of foreign power provided to the Czech Republic or classified information of foreign power which the Czech Republic has undertaken to protect.
Determination of the classification level
(1) The classified fact shall be identified by the appropriate classification level.
(2) The level of classification established must be maintained for as long as is strictly necessary. If there are grounds for its amendment or revocation, this shall be done without undue delay.
(3) In the event of the disappearance of an authority of a State or of an organisation in which a classification level has been established, that degree shall be amended or repealed if necessary by its successor in title; If it is not, the Office shall amend or revoke the classification level. The Office may also amend or revoke the classification level at the request of the legal successor of a State authority or organisation.
(4) The security classification level determined shall be changed or cancelled.
(a) the expiry of the period for which it has been fixed;
(b) the importance of the protected interest has ceased to exist,
(c) where it has been incorrectly established; or
(d) where it has been unlawfully established.
(5) The Office shall lay down by law the details of the determination and designation of the classification level.
PERFORMANCE OF STATE MANAGEMENT
(1) The National Security Office is hereby established as the Central Administrative Office for the Protection of classified information.
(2) The Director of the Office shall be appointed by the Government, after consulting the Chamber of Deputies responsible for security. The government is also calling him off.
(3) The President of the Government shall be responsible to the Director of the Office and shall supervise the Office's activities.
Office
(1) Office
(a) ensure uniform implementation of the protection of classified information in the Czech Republic;
(b) carry out state supervision and methodological activities;
(c) maintain central registers of classified information provided in international contacts;
(d) perform the tasks in accordance with the obligations arising out of the international contracts for the protection of classified information by which the Czech Republic is bound;
(e) ensure and coordinate cryptological research and development, manage cryptographic protection of classified information and provide cryptoanalytic services;
(f) provide and coordinate research, development and production of means to protect classified information and carry out or ensure their certification and distribution;
(g) ensure the certification of information systems5) for the management of classified information;
(h) ensure and, to the extent provided for by this law, carry out security checks on natural persons proposed for the purpose of dealing with classified information (hereinafter referred to as the "proposed person"),
(i) ensure and carry out, within the statutory scope of the organisation's security clearance;
(j) issue a certificate that the proposed person fulfils the conditions laid down in this Act for the issue of such a document (hereinafter referred to as the certificate);
(k) issue a certificate stating that the organisation fulfils the conditions laid down in this Act for its issue (hereinafter referred to as the certificate);
(l) issue a certificate certifying a foreign authority that a certificate or organisation of a certificate has been issued to the proposed person (hereinafter referred to as the certificate);
(m) issue a certificate or certificate on the basis of an authorisation to acquaint themselves with classified information issued by a foreign authority ("security authorisation"),
(n) keep records of cases of unauthorised handling of classified information, of designated persons and of security directors;
o) issues safety standards;
(p) authorise the provision of classified information in the framework of international cooperation.
(2) The Office is authorised 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 from the authorities of the State and the organisations to the extent necessary for the performance of the tasks referred to in paragraph 1;
(c) require a copy of the register of offences (6) for security clearance purposes;
(d) bring together the records;
(e) keep a safety file on the proposed person and the safety clearance file.
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.
Reporting services
(1) Intelligence services
(a) provide and carry out security checks on their members, employees and applicants for admission and issue and withdraw certificates and certificates to such persons;
(b) participate in the performance of the tasks referred to in Article 8 (1) (h) and (i).
(2) In carrying out the tasks referred to in paragraph 1, intelligence services shall be entitled to:
(a) use specific means, intelligence means or means of obtaining information under special laws, 7)
(b) use data from their registers and request and use data from the records and materials arising from the activities of the security and military authorities of the Czechoslovak State;
(c) keep in the information systems data obtained in the framework of the security clearance of the proposed persons or organisations;
(d) require a copy of the criminal record (6) for the purposes of the security clearance referred to in paragraph 1 (a);
(e) keep records of cases of unauthorised use of classified information by members of the intelligence services;
(f) obtain the necessary information from other authorities of the State and organisations to the extent necessary for the performance of tasks under this law.
(3) In carrying out the tasks referred to in paragraph 1, the intelligence services shall cooperate with each other and shall provide each other with the necessary synergies.
Police of the Czech Republic
(1) The Minister of the Interior is authorised, in exceptional and justified cases, to instruct the Police of the Czech Republic to ensure and carry out security checks on members or employees of the Police of the Czech Republic, including the issue and withdrawal of certificates to such persons.
(2) In carrying out the tasks referred to in paragraph 1, the Police of the Czech Republic shall be entitled to:
(a) use operational means of searching and operational technology, 8)
(b) require a copy of the Register of Penalties, 6)
(c) keep records of cases of unauthorised handling of classified information by members of the Police of the Czech Republic.
(3) The police of the Czech Republic participate in the performance of the tasks referred to in § 8 (1) (h) and (i).
(4) In carrying out the tasks referred to in paragraphs 1 and 3, the Police of the Czech Republic shall be entitled to:
(a) use data from their registers and request and use data from the records and materials resulting from the activities of the security and military authorities of the Czechoslovak State;
(b) keep in the information systems the data obtained in carrying out security checks on the proposed persons or organisations;
(c) obtain the necessary information from other authorities of the State and organisations to the extent necessary for the performance of tasks under this law.
(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 with which a 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.
OBLIGATIONS FOR PROTECTION OF THE SECRET FACTS
Obligations of the State authority and organisation
The authority of the State and the organisation shall:
(a) to create conditions to ensure the protection and compliance of classified information;
(b) ensure the protection of classified information;
(c) to take measures to detect infringements of this law which lead to the elimination of the adverse consequences of such infringements;
(d) provide information pursuant to Articles 8 (2) (b), 8a (2) (b), 9 (2) (f) and 10 (4) (c).
Obligations of the statutory authority
(1) The statutory authority is required to ensure the protection of classified information and to carry out level I security clearance measures.
(2) The statutory authority is also obliged to:
(a) to check compliance with the obligations laid down by this law;
(b) to process an overview of the posts or functions for which it is necessary to familiarise themselves with classified information;
(c) ensure the keeping of records of designated persons and persons who have ceased to be designated;
(d) notify the Office in writing of any changes which may affect the issue of a certificate, certificate or certificate;
(e) notify the Office in writing, without undue delay, of cases of unauthorised use of classified information and of the measures taken;
(f) register cases of unauthorised handling of classified information;
(g) inform the Office in writing of research, development or production, if they contain classified information;
(h) to monitor whether the designated person fulfils the conditions laid down in Paragraph 18 (1) throughout the period of destination;
(i) provide training for designated persons;
(j) cooperate with the Office on methodological management and personnel work with designated persons;
(k) to perform the tasks of protecting classified information resulting from international agreements;
(l) to ensure that the level of security concerned is determined and designated.
(3) The obligation referred to in paragraph 2 (d) does not apply to the statutory reporting authorities.
(4) The reporting obligation referred to in paragraph 2 (e) shall be fulfilled by the intelligence services vis-à-vis the Prime Minister.
Security Director
(1) In central offices, district offices, the City of Prague and the City of the Statutory Cities of Brno, Ostrava and Plzeň, the statutory authority shall be appointed by the Security Director or the Security Secretary (hereinafter referred to as the Security Director). The Security Director shall be directly subordinate to the statutory authority.
(2) In the authorities of a State other than those referred to in paragraph 1 and in organisations, the statutory authority may establish the role of Security Director if necessary.
(3) A certificate and designation shall be issued for the performance of the duties of the Security Director.
(4) The Security Director shall be entrusted by the statutory authority with the fulfilment of the obligations imposed by this Act in the field of the protection of classified information. The obligations of the statutory authority in the field of the protection of classified information shall not be affected by the appointment of the Security Director.
Contents
§ 1
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1a
§ 2
HLAVA DRUHÁ
§ 3
§ 4
§ 5
§ 6
HLAVA TŘETÍ
§ 7
§ 8
§ 8a
§ 9
§ 10
§ 10a
HLAVA ČTVRTÁ
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
HLAVA PÁTÁ
§ 17
Díl první
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
Díl druhý
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Díl třetí
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Díl čtvrtý
§ 44
§ 45
§ 46
HLAVA ŠESTÁ
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
HLAVA SEDMÁ
§ 67
§ 68
HLAVA OSMÁ
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 77a
§ 77b
§ 77c
§ 77d
§ 77e
§ 77f
§ 77g
§ 77h
§ 77i
§ 77j
§ 77k
HLAVA DEVÁTÁ
§ 78
§ 79
§ 80
§ 81
ČÁST DRUHÁ
§ 81a
§ 81b
§ 81c
§ 81d
§ 81e
§ 81f
§ 81g
§ 81h
§ 81i
§ 81j
§ 81k
§ 81l
§ 81m
§ 81n
§ 81o
§ 81p
§ 81r
§ 81s
§ 81t
ČÁST ČTVRTÁ
§ 88
§ 89
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Full text of Act No. 418 / 2002 Coll., Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2002 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0