Act No. 424 / 2010 Coll.
Act amending Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., and other related laws
Valid
Law
Effective from 30.12.2010
Contents
ČÁST PRVNÍ
Čl. I
„§ 28a
„§ 58a
ČÁST DRUHÁ
Čl. II
„§ 78
ČÁST TŘETÍ
Čl. III
„§ 6a
ČÁST SEDMÁ
Čl. VII
„§ 158b
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
„§ 20a
„§ 23b
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVII
ČÁST ŠESTNÁCTÁ
Čl. XVIII
ČÁST OSMNÁCTÁ
Čl. XX
ČÁST DEVATENÁCTÁ
Čl. XXI
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424
THE LAW
of 8 December 2010
amending Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Basic Register Act
Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., is amended as follows:
1. in Article 1 (a), the words "the information system of the basic registers" shall be inserted after the word "registers."
2. In Article 5 (1), the words "under this law" shall be inserted after the words "use these data."
3. Paragraph 5 (4), including footnote 3, reads:
"(4) The natural person shall be provided with data contained in the basic registers, after verification of his identity by electronic means, with an electronic identification document; a natural person may, upon verification of his identity, also allow access to the reference data kept on him or her to a third party.
3) For example Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on Asylum), as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, Act No. 328 / 1999 Coll., as amended (Act on travel documents), Act No. 329 / 1999 Coll., on travel documents and on the amendment of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on travel documents). "
4. In Paragraph 8 (1), the word "reference 'is deleted.
5. In Article 10 (7), the word "basic 'is deleted in all cases.
6. In Paragraph 14 (4), at the end of the first sentence, the words "to the data box 'shall be added.
7. In Paragraph 14 (5), the words "reference data 'shall be inserted after the word" extract'.
8. in Article 17 (e), the words "this natural person shall be maintained" shall be replaced by the words "these natural persons shall be maintained."
9. in Paragraph 18 (1) (c), including footnote 52:
"(c) the address of the place of residence (12) and, where appropriate, the address to which the documents are to be served under another legislation52); the addresses indicated are kept in the form of a reference link (address location code) to the address reference in the territorial identification register; in the case of an address to which documents are to be served under another legislature52), an indication of the identification of the post office or delivery box or an address which is outside the territory of the Czech Republic and which has not been assigned an address location code in the territorial identification register shall be kept,
52) For example, § 46b (a) of the Civil Code. "
10. in Article 18 (1) (d) and (e), the words "(address-point code) on the reference" shall be replaced by "(territorial element code) on the reference."
(11) footnote 13 shall be deleted, including the footnote references.
12. in Paragraph 18 (1) (h), including footnote 14,
"(h) a record of the establishment of the data box and the identifier of the data box (14), if the data box is made available.
14) Article 21 of Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.
13. in Paragraph 18 (4) (b):
"(b) a record of the provision of data to the data subject or to another person pursuant to Paragraph 58a, which shall include the day, month, year and time of issue and the identification of the person who provided the data;"
14. in Paragraph 18 (4) (c), the word "everyone" shall be inserted after the word "amendments."
15. in Paragraph 18, the following paragraph 5 is added:
"(5) A public authority which, in its activity under this law or other legislation, uses certain reference data held in the population register shall also be entitled to use the information referred to in paragraph 1 (c) concerning the address to which the documents are to be served and the information referred to in paragraph 1 (g) and (h) and paragraph 4 (c). ';
16. in Paragraph 19 (3):
"(3) For the data subjects referred to in § 17 (e), the Ministry of the Interior is the editor, which records the data referred to in § 18 (1) (a) to (f) through the Aliens' Agenda Information System (8); where other legislation so provides, the entry referred to in Paragraph 18 (1) (g) shall also be entered. ';
17. in Article 19 (5), the words "the indication given" shall be replaced by the words "the particulars given."
18. in Paragraph 20 (2), the words "and 58a" shall be added at the end of the text of point (b).
19. In Paragraph 22 (2), the words "last entry or amendments thereto 'are replaced by the words" last update' and the words "Article 18 (1) 'are replaced by the words" Article 18'.
20. in Article 26 (2) (b), the words "and (e) shall be inserted after the words" (d); if the person is a resident, this entry shall be kept. "
21. in Paragraph 26 (2), the words "for the register of persons" shall be added at the end of the text in point (c).
22. in Article 26 (2) (g) and (h):
"(g) the record of the establishment of the data box and the identifier of the data box, if the data box is made available,
(h) the statutory authority expressed as a reference link to the population register or to the person register or to the name or, where appropriate, the names, surnames and addresses of the natural person or the name and address of the legal person, unless those persons are kept in the population register or in the person register, ';
23. in Paragraph 26 (2) (j):
"(j) the address of the registered office of the person or the address of the place of business of the natural person referred to in § 25 (d) and (e); if the building is a building building maintained in the territorial identification register, this information shall be kept in the form of a reference link (address location code) to the address reference in the territorial identification register, ';
24. in Article 26 (2) (m), the words "if the building is a building building which is kept in the register of territorial identification shall be inserted after the word" establishment. "
25. in Article 26 (2) (n), the words "and (e) shall be inserted after the words" (d); if persons are resident in the population register, the address of the place of residence shall be kept. "
26. In Article 26, at the end of paragraph 5, the phrase "If the person referred to in paragraphs 25 (d) and (e) is not assigned an agent identifier of a natural person, the request shall include the information referred to in paragraph 2 (n). ';
27. In Paragraph 28, the following paragraph 4 is added:
"(4) The registry administrator shall publish the list of agenda sites in a way that allows remote access.";
28. The following Section 28a is inserted after Section 28:
(1) The Ministry of Interior or Police of the Czech Republic provides an agenda post and administrator of the register of persons for the purposes of editing data into the register of persons and its management
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(d) the address of the place of stay;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) birth number,
(d) citizenship;
(e) the address of the place of permanent residence;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the date, place and state on whose territory the death occurred,
(g) the date indicated in the court's decision on the death declaration as the date of death or the date on which the data subject declared dead did not survive.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) birth number,
(d) citizenship;
(e) the type and address of the place of stay;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the death declaration as the date of death or the date on which the data subject declared dead did not survive.
(5) Data which are referred to as reference data in the population base register shall be used from the population registration agenda information system or from the alien agency information system only if they are in the form preceding the current situation.
(6) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. ';
29. in Paragraph 29 (c), the words' but she has been assigned a descriptive or registered number 'and the words' for example, underground construction 'are deleted;
30. in Paragraph 29 (f), "a" is replaced by "or."
31. In Paragraph 29, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the management of the register of territorial identification in the capital of Prague, the function of part of the municipality of cadastral territory. '
32. in Paragraph 32 (1) (b), the words "or building object whose borders are not displayed in the cadastral map" shall be inserted after the words "address point."
33. in Paragraph 34 (1), point (k) is deleted;
Points (l) and (m) shall be renumbered as points (k) and (l).
34. in Paragraph 38 (2):
"(2) The location data of the cadastral territories and the superior elements are reference data. The location data of other territorial elements shall be reference data only in those cadastral territories where the cadastral map is kept in digital form. ';
35. In Paragraph 42, at the end of paragraph 1, the sentence "The building object code shall be assigned to the registry administrator of the territorial identification register."
36. in Paragraph 42 (4), "2 and 3" is replaced by "1 to 3";
37. In Paragraph 43, the following paragraph 2 is inserted after paragraph 1:
"(2) Where the changes referred to in paragraph 1 (a) (1) and (3) result in changes in sub-territorial elements or territorial units, they shall also record those changes to the registry administrator of the territorial identification register and shall take effect on the same day as the changes to the senior territorial element or the territorial unit take effect; the changes to the sub-territorial elements and the territorial registration units shall be part of the supporting documents submitted by the Ministry of Interior or the Regional Office. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
38. in § 57 (1) of the introductory part of the provision and in § 61 (2), "6 months" is replaced by "1 year."
39. in Paragraph 57 (1) (a), the words "name, names, and surnames, as appropriate," shall be replaced by the words "user name authorised."
40. In Article 57, paragraph 4 is added, including footnote 53:
"(4) Where a public authority authorised under another legal act so requests, the public authority referred to in paragraph 1 shall also forward to it the name and surname of that official authority the name and surname of that official person.
53) For example § 11 (2) and (3) of Act No. 153 / 1994 Coll. '.
41. in Paragraph 58 (4) (d), the word "permanent" shall be deleted;
42. In the second sentence of Paragraph 58 (5), the words "from 1 January 2012 'shall be inserted after the words" must'.
43. Paragraph 58 (9) is deleted.
44. the following Section 58a is inserted after Section 58:
(1) At the request of a data subject older than 18 years of age, reference data may be provided from the population register and the rights and obligations register to another natural or legal person in his or her data box. The data subject may withdraw its consent to the provision of reference data from the population register and the registry of rights and obligations of another natural or legal person at any time. The natural or legal person who has been provided with the data referred to in the first sentence may not transmit the data provided to other persons without the express consent of the data subject (17).
(2) The data subject who requests the provision of his or her reference data from the population register and the rights and obligations register to another natural person or legal person shall proceed in accordance with Article 58 (2) and (3).
(3) The request to provide data to another natural person shall contain the data set out in Paragraph 58 (4) and shall cover both the applicant and the natural person to be provided.
(4) The request for data to be provided to a legal person shall contain the information on the applicant set out in Section 58 (4), as well as the information on the legal person to be provided, as set out in Section 59 (2). ';
45. in Article 60 (1), the words "on the operational data of the population register referred to in Article 18 (4) to other entities or the alert" shall be inserted after the words "making the alert available."
46. In Article 60 (2), the words "to whom they were" shall be replaced by the words "who," the words "provided," shall be replaced by "used," and the two words "provided" shall be replaced by "used."
47. In Paragraph 60 (3), the words "signed by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider under another legislation" shall be deleted.
48. In Article 61 (1), the words "the names, names, surnames and places of residence in the Czech Republic and, where applicable, residence abroad with the natural person referred to in Article 25 (d) 'are replaced by the words" the particulars referred to in Article 26 (2) (b), (c) and (n)'.
49. In Paragraph 61 (2), the word "applicant 'is replaced by" which is not publicly available'.
50. In Paragraph 62, the sentence "Records on the use of the register of territorial identification and the information system of territorial identification shall not be provided shall be added at the end of paragraph 1. '.
51. in Paragraph 63 (4), the word "basic" shall be deleted;
52. in Article 63 (5), the word "basic" shall be deleted;
53. In Paragraph 65, the following paragraph 5 is added:
"(5) The registry administrator shall carry out a verification of the correctness and completeness of the data of the agenda information systems in the register of persons before filling them. To this end, the agents of the registry of persons shall provide the agenda points with the data necessary for the fulfilment of the register of persons by them. For the purposes of verifying and ensuring the correct allocation of identification numbers to business natural persons pursuant to Article 26 (8), the agents of the registry of persons shall also provide the personal data of the business natural persons within the scope of the name and surname, date and place of birth, address of place of residence or residence, ID and birth number provided that they are kept in their information systems. The administrator of the register of persons shall notify any identified non-conformities to the relevant agendas, which shall correct the data or initiate a procedure under another legislation leading to the rectification of the data. ';
Amendment of the Trade Act
In Part Six, Title II of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 231 / 1992 Coll., § 78 reads as follows:
(1) The trade office responsible shall, mutatis mutandis, in accordance with Article 71 (2) of the first part of the sentence before the semicolon, assign by 30 June 2012 to an establishment established before 1 July 2010 the establishment identification number provided by the administrator of the basic register of persons (28d); notify the entrepreneur of the assigned establishment identification number within the same period.
(2) The entrepreneur referred to in paragraph 1 shall start using the establishment identification number no later than 1 August 2012. ';
Amendment of the Act on the State Fund for Culture of the Czech Republic
In Act No. 239 / 1992 Coll., on the State Fund of Culture of the Czech Republic, as amended by Act No. 482 / 2004 Coll. and Act No. 342 / 2006 Coll., § 6a reads:
(1) The Ministry of Interior or Police of the Czech Republic provides the Ministry of Culture for the exercise of copyright rights by the Fund to support the fact that these rights belonged to the State, about the deceased authors or, where appropriate, to the holders of those rights
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth; the place and state of birth of the data subject born abroad,
(d) birth number,
(e) the address of the place of permanent residence, including previous addresses of the place of permanent residence;
(f) the date and place and district of death, if any, if there is a death outside the territory of the Czech Republic, the State on whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the death declaration as the date of death or the date on which the data subject declared dead did not survive;
(h) citizenship and, where appropriate, multiple citizenship;
(i) removal or limitation of legal capacity.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) the place and state where the alien was born; where he was born in the territory of the Czech Republic, the place and district of birth,
(d) birth number,
(e) citizenship or nationality, where appropriate;
(f) the type and address of the place of residence in the Czech Republic,
(g) date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(h) the date given in the court's decision on the declaration of death as the day of death, or the day which the alien declared dead did not survive;
(i) removal or limitation of legal capacity.
(5) Data which are referred to as reference data in the population base register shall be used from the population registration agenda information system or from the alien agency information system only if they are in the form preceding the current situation.
(6) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. ';
Amendment of the Aliens Residence Act
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. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 129 / 2004 Coll., Act No. 140 / 2008 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 170 / 2007 Coll., Act No. 136 / 2007 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll.
1. In Paragraph 105 (1), at the end of point (c), the word "or 'is deleted and points (e) and (f) are added:
"(e) the provision of a guardian to a minor stranger where the guardian or spouse of the guardian is a stranger; or
(f) the entrustment of a minor alien into family care by a foreigner entitled to stay in the territory or his spouse, '.
2. in Paragraph 105 (1) (d):
"(d) divorce, revocation of registered partnership (hereinafter referred to as" partnership ") or invalidity or absence of marriage or partnership in cases where a stranger is a party to the proceedings;"
3. In Article 158 (1) (d) (3), the words "registered partnership (hereinafter referred to as" partnership ") 'are replaced by the words" partnership'.
4. In Paragraph 158 (11), the words "if provided on the basis of paragraph 9 'are deleted.
5. In Article 158, the following paragraph 17 is added:
"(17) Police provide data from the alien information system referred to in paragraph 1 to the Ministry for the purpose of managing the data box information system to the extent
Contents
ČÁST PRVNÍ
Čl. I
„§ 28a
„§ 58a
ČÁST DRUHÁ
Čl. II
„§ 78
ČÁST TŘETÍ
Čl. III
„§ 6a
ČÁST SEDMÁ
Čl. VII
„§ 158b
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
„§ 20a
„§ 23b
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVII
ČÁST ŠESTNÁCTÁ
Čl. XVIII
ČÁST OSMNÁCTÁ
Čl. XX
ČÁST DEVATENÁCTÁ
Čl. XXI
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Regulation Information
| Citation | Act No. 424 / 2010 Coll., amending Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2010 |
|---|---|
| Effective from | 30.12.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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