Decree No. 433 / 2011 Coll.
Decree amending Decree No. 529 / 2005 Coll., on Administrative Security and on the Registered Information Registers, as amended by Decree No. 55 / 2008 Coll.
Valid
Order
Effective from 01.01.2012
Text versions:
01.01.2012
28.12.2011
433
DECLARATION
of 16 December 2011
amending Decree No 529 / 2005 Coll., on administrative security and on classified information registers, as amended by Decree No 55 / 2008 Coll.
The National Security Authority shall determine, pursuant to Articles 23 (2) and 79 (8) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended by Act No. 32 / 2008 Coll. and Act No. 255 / 2011 Coll.:
Decree No 529 / 2005 Coll., on administrative security and on classified information registers, as amended by Decree No 55 / 2008 Coll., is amended as follows:
1. in Paragraph 1 (1) (e), the words "register, ancillary register and control point activity" shall be inserted after the words "organisation and activity of the central register,";
2. In Paragraph 1 (2), the words "special legislation1) 'are replaced by the words" an order ensuring cryptographic protection of classified information'.
footnote 1 is deleted.
3. In Article 3 (3), the words "paragraph 1 (a), (b), (c) and (e) 'are replaced by the words" paragraph 1 (a) to (e)'; the sentence of the second sentence is replaced by the words "on the inside of the plates, the ends of the stitching shall be folded, stamped by the name of the authority of the State or legal person or by the name and surname of the natural person involved and the signature of the person responsible or the authorised person or the security director or persons authorised by him shall be affixed to the inside of the panning. In addition, the document on the number of sheets and the signature of the person responsible or the authorised person or the Security Director or his authorised person shall be indicated and the date of assignment of the administrative means of use shall be replaced by the words" For signature in accordance with the previous sentence '.
4. Paragraph 3 (4), including footnote 9, reads:
"(4) Individual administrative aids may be kept in electronic form, provided that they contain all the prescribed items referred to in paragraphs 1 and 2, and the system through which they are conducted is secured against unauthorised interference and against access by persons not authorised to do so, records in a verifiable manner all changes or repairs made and its use is approved by the responsible person. The management of the administrative assistance referred to in paragraphs 1 and 2 shall also be carried out by an electronic file service system complying with the requirements of the archiving and file service law, which is managed in an information system certified by the Office and approved in writing to operation9). The management of administrative aids referred to in paragraphs 1 and 2 in electronic form or in an electronic file service system shall allow them to be transferred to paper form or to be converted into PDF / A format and to be represented as separate documents and signed by a recognised electronic signature under the Electronic Signature or Labelling Act, based on a qualified system certificate issued by an accredited certification service provider and subsequently by a qualified time stamp under the Electronic Signature Act, or to replace these funds in a special manner under the Archiving and File Service Act.
9) Paragraph 34 (2) of Act No. 412 / 2005 Coll., as amended by Act No. 255 / 2011 Coll. Decree No. 523 / 2005 Coll., on the safety of information and communication systems and other electronic devices handling classified information and on the certification of shielding chambers. '
5. In Article 3 (5), the sentences of the second and third sentences are replaced by the following: "The control sheet is not part of the classified document, but is deposited together with the classified document until it is discarded or dispatched. After the release or dispatch of the classified document, the control sheet shall be deposited with the Protocol for at least 5 years, unless otherwise specified (Section 27 (8)). After that period, the person responsible for the management of the Protocol shall destroy the control sheet outside the shredding procedure. ';
6. In Paragraph 4 (2), the words "After the number of proceedings' are replaced by the words" Part of the number of proceedings', the words "listed 'are deleted and the words" Rules of Procedure of the classified document' are replaced by the words "particulars and characteristics referred to in paragraph 1 '.
7. In Article 4, the following paragraph 3 is added:
"(3) In the case of the registration of a classified document in administrative aids kept in electronic form or in an electronic file service system, the reference number in any order shall contain the particulars and characters referred to in paragraphs 1 and 2. When transferring to the paper form of administrative aids in electronic form, when transferring to the paper form of output from the electronic file service system, which allows the management of the administrative aid in accordance with § 3 (1) and (2), when transferring to PDF / A and when transferring from the electronic file service system, which allows the management of the administrative aid in accordance with § 3 (1) and (2) to PDF / A, the composition of the reference number shall correspond to paragraphs 1 and 2. ';
8. In Article 5 (3), the words "The classification level may also be indicated for the individual paragraphs of the classified document according to the classification level contained therein. The designation of the appropriate classification level for the paragraph shall be made by indicating the appropriate classification level referred to in paragraph 1, in brackets before and after the text of the relevant paragraph. In the case of a classification mark for a paragraph, all paragraphs containing classified information shall be marked on the same side of the classified document by the appropriate classification. ';
9. in the first sentence of Article 6 (3), the words "column 1 shall be crossed 'are replaced by the words" column 1 shall be crossed out by the abbreviations ";
10. In Part Two, the following Section 6a is added to the beginning:
Receipt of the consignment
If there is a defect in the consignment delivered, in particular if there are no stamps on the envelopes or if they are damaged, if the envelope is torn or it is obvious that the contents of the classified document may have been made known by an unauthorised person, if the number of sheets or annexes does not agree, the person who took the consignment shall write an alert immediately; the consignment is registered according to its actual status. A copy of the alert shall be sent to the consignor. That fact shall be immediately notified to the Security Director of the addressee or the person authorised by him. ';
11. in Article 7 (2), the words "and the correction of the registration on a classified document" shall be inserted after the words "Correcting the entry in the register."
12. in Article 7, paragraphs 4 and 5 are added:
"(4) At the end of the calendar year, the Protocol or other administrative assistance referred to in the second sentence of Article 3 (2) shall be concluded by underlining the whole of the last registration, thereby terminating the allocation of the numbers of the negotiating or other registration marks in that year. A record of the number of acts or other registration marks used, signed by the person in charge of the Protocol or other administrative assistance referred to in the second sentence of Paragraph 3 (2) and the Security Director or the person in charge in accordance with the second sentence of Article 3 (3), shall be entered in the summary.
(5) The Protocol, the Auxiliary Protocol or other administrative assistance referred to in the second sentence of Article 3 (2), which shall be kept in electronic form, shall be transferred to the paper form by the end of the following calendar year at the latest, where the person responsible for their management is changed or, where appropriate, adjusted in accordance with the procedure laid down in Article 3 (3). Where the conduct of a protocol, an auxiliary protocol or other administrative assistance pursuant to Article 3 (2), second, in electronic form or in an electronic file service system allows them to be transferred to PDF / A format and to be represented as separate documents and signed by a recognised electronic signature under the Electronic Signature Act or an electronic mark based on a qualified system certificate issued by an accredited certification service provider and subsequently by a qualified time stamp under the Electronic Signature Act, or the replacement of such means in a special manner under the Archiving and File Service Act, there is no need for a protocol, an ancillary protocol or other administrative assistance pursuant to Article 3 (2), second sentence, to be translated into a letter form. The document thus produced shall be included in the file plan and shall be assigned the shredder "A '. The person responsible shall ensure that any changes are recorded in the protocol, the auxiliary protocol or other administrative assistance referred to in the second sentence of Paragraph 3 (2).';
13. In Paragraph 8 (3), the sentence "The processor shall produce the underlying material only for his own use" is inserted after the fourth sentence and the last sentence shall be replaced by the sentence "When the cryptographic documents2a is completed, the underlying material shall not be produced."
Footnote 2a reads:
"2a) § 37 (1) of Act No. 412 / 2005 Coll., as amended by Act No. 255 / 2011 Coll. '.
14. in Article 9 (2), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
15. In Article 9, the following paragraph 4 is inserted after paragraph 3, including footnotes 10 to 12:
"(4) Prior to the shipment of the consignment by courier service, the courier shall prove to the sender by means of a valid notification (10) or a physical person certificate (11) or document (12).
10) Article 6 (2) of Act No. 412 / 2005 Coll.
11) § 12 of Act No. 412 / 2005 Coll.
12) § 85 of Act No. 412 / 2005 Coll. '
Paragraph 4 shall become paragraph 5.
16. In Paragraph 11 (2), a comma is inserted after the word "defect ', the brackets are deleted and the word" for example' is replaced by the word "in particular '.
17. in Article 12 (7), the words "or an alert on a classified document referred to in Article 3 (5)" shall be deleted.
18. in Article 12 (8) and (9):
"(8) At the end of the calendar year, the Protocol or other administrative assistance referred to in the second sentence of Article 3 (2) shall be concluded by underlining the whole of the last registration, thereby terminating the allocation of the numbers of the negotiating or other registration marks in that year. A record of the number of acts or other registration marks used, signed by the person in charge of the Protocol or other administrative assistance referred to in the second sentence of Paragraph 3 (2) and the Security Director or the person in charge in accordance with the second sentence of Article 3 (3), shall be entered in the summary.
(9) The Protocol, the Auxiliary Protocol or other administrative assistance referred to in the second sentence of Article 3 (2), which shall be kept in electronic form, shall be transferred to the paper form by the end of the following calendar year at the latest, where the person responsible for their management is changed or, where appropriate, adjusted in accordance with the procedure laid down in Article 3 (3). Where the conduct of a protocol, an auxiliary protocol or other administrative assistance pursuant to Article 3 (2), second, in electronic form or in an electronic file service system allows them to be transferred to PDF / A format and to be represented as separate documents and signed by a recognised electronic signature under the Electronic Signature Act or an electronic mark based on a qualified system certificate issued by an accredited certification service provider and subsequently by a qualified time stamp under the Electronic Signature Act, or the replacement of such means in a special manner under the Archiving and File Service Act, there is no need for a protocol, an ancillary protocol or other administrative assistance pursuant to Article 3 (2), second sentence, to be translated into a letter form. The document thus produced shall be included in the file plan and shall be assigned the shredder "A '. The person responsible shall ensure that any changes are recorded in the protocol, the auxiliary protocol or other administrative assistance referred to in the second sentence of Paragraph 3 (2).';
19. In Section 14, the words "and correction of registration on a classified document 'are added.
20. In Article 14 (1), the words "and the correction of the registration on a classified document 'shall be inserted after the words" Correcting the entry in administrative documents'.
21. Paragraph 14 (2) is deleted and paragraph 1 is deleted.
22. in Article 15 (3), "Paragraph 18 (1)" is replaced by "Paragraph 17 (1)."
23. In Article 18, at the end of paragraph 2, the sentence "The appropriate classification level shall be indicated in the notebook or book in the case of a clause on the number of sheets referred to in Article 3 (3)."
24. Paragraph 20 shall be supplemented by the following: "The signature confirming the receipt of the classified document shall be entered in the Protocol, the Auxiliary Protocol, the Lending Book, the Delivery Book, the Manipulator Book, the Collection Sheet or the Secured Document in the Division. The method of acknowledgement of receipt of a classified document registered in electronic administrative assistance shall be determined by the responsible person, unless otherwise provided for in the Regulation on the protection of classified information. ';
25. in Article 20 (2) (a), the words "organisational services" are replaced by "organisational parts."
26. in Paragraph 20 (2) (b), the words "organisational body" are replaced by the words "organisational parts."
27. Paragraph 20 (3), including footnote 7, is deleted.
28. In Article 22 (6), the words "unless otherwise specified" shall be inserted after the word "deposit."
29. In Article 26 (1) of the Introductory Part of the Provisions, the words "the classification level Top Secret, Secret and Confidential 'shall be inserted after the words" classified documents'.
30. In Paragraph 26, the following paragraph 7 is inserted after paragraph 6:
"(7) The Central Register shall keep lists of Office staff who may access classified information from the North Atlantic Treaty Organisation, the European Union or other classified information provided in international contact. The lists shall be kept up to date and approved by the responsible person, appointed by him or the Security Director. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
31. in the first sentence of Article 26 (9), the word "courier" shall be deleted and the words "courier service" shall be inserted after the words "abroad."
32. In Section 27 (1) of the Introductory Part of the provision, the words "The written request for approval to establish a register shall be replaced by" The authority of the State, legal person or business natural person shall send the Office a written request for consent to establish a register which it contains'.
33. In the first sentence of Article 27 (2), the words "separately for the North Atlantic Treaty Organisation, the European Union or other foreign authorities' shall be inserted after the words" register sheet '.
34. Paragraph 27 (7) to (10) reads as follows:
"(7) A classified document of a foreign authority of a classified level of Top Secret may only be made available to another registry by means of a central register, unless otherwise provided in a specific case by the Central Register.
(8) A surveillance sheet is drawn up for a classified document of a classified classification grade of Top Secret, Secret and Confidential in International Contact. The checklist shall not be part of a classified document and shall be deposited with the classified document until such time as it is discarded or dispatched. Upon removal or dispatch of a classified document, the control sheet shall be kept in the register for at least 10 years in the case of a classified document of a Top Secret level, or for at least 5 years in the case of a classified document of a lower classified level. Upon expiry of that period, the person in charge of the Protocol shall destroy the control sheet outside the shredding procedure.
(9) A receipt for the receipt of the classified document referred to in Article 21 (2) shall be drawn up for a classified document of a classified classification grade Top Secret, Secret and Confidential, provided that it is sent to another registry, ancillary register or checkpoint. A receipt of a classified document shall not form part of a classified document and shall be deposited with the classified document until such time as it is withdrawn or dispatched. Once the classified document has been removed or dispatched, the receipt shall be kept in the register for at least 10 years in the case of a classified document for a confidential classification grade, or for at least 5 years in the case of a classified document for a lower classification level. On expiry of that period, the person in charge of the Protocol shall destroy the receipt of the classified document outside the shredding procedure.
(10) They shall be kept in the Register within the authority of the State, legal person or business natural person with whom the registry is established, lists of persons who may be allowed access to classified information of the Organisation of the North Atlantic Treaty, the European Union or other classified information of other outside bodies. The lists shall be kept up to date and approved by the responsible person, appointed by him or the Security Director. ';
35. in Article 27, paragraphs 11 and 12 are added:
"(11) The register shall keep a list of subordinate auxiliary registers, including names, surnames and signatures of the senior auxiliary registers and their representatives.
(12) The register shall carry out an inspection of the classified documents registered in the register on 31 December of the calendar year and shall send a report on the control of the classified information kept in the register to the Central Registry by 15 February of the following calendar year, indicating the number of classified documents and their levels of secrecy. The model of the report on the control of classified information kept in the register is set out in Annex 13 to this Regulation. ';
36. After Paragraph 27, the following Sections 27a and 27b are inserted:
Auxiliary register
(1) The auxiliary register shall record, store and send classified documents provided in international contact.
(2) The Head of the Auxiliary Register is responsible for protecting all classified documents provided in international contact which are stored in the Auxiliary Register.
(3) The Auxiliary Register may transmit the classified document to another registry only through the registry where the Auxiliary Register has been established.
(4) Article 27 (4), (5), (8) and (9) shall apply mutatis mutandis to classified documents provided in international contact to the auxiliary register.
(5) The auxiliary register shall keep a list of persons who can access classified information from the North Atlantic Treaty Organisation, the European Union or other classified information provided in international contact within the authority of the State, legal person or business natural person with whom the ancillary register is established. The lists shall be updated and approved by or by the Security Director.
(6) A list of subordinate control points, including names, surnames and signatures of control point personnel, shall be kept in the auxiliary register.
Control point
(1) In the control point, classified documents provided in international contact shall be recorded in the auxiliary negotiating protocols and transmitted to the processor.
(2) The control point may transmit the classified document to another registry only through the register where the control point has been established.
(3) Article 27 (4) and (8) shall apply mutatis mutandis to classified documents provided in international contact to the control point.
(4) The control point shall be kept within the authority of the State, the legal person or the undertaking of the natural person with whom the control point is established, lists of persons who may be allowed access to classified information of the North Atlantic Treaty Organisation, the European Union or other classified information provided in international contact. The lists shall be kept up to date and approved by the Security Director or the person authorised by him. ';
37. The heading of Section 29 reads:
"Ensuring the protection of classified information when the authority of the State, the organisational component set up by the authority of the State, the legal person or the undertaking of the natural person '.
38. The following Annex 13 is added, including the title:
"Annex No 13 to Decree No 529 / 2005 Coll.
Model of the report on the control of classified information kept in the register
"
Transitional provision
In the case of a classified document drawn up before the date of entry into force of this Order, which includes a control sheet or which is replaced by an alert on a classified document, the recording of the disclosure of the classified document and its storage shall be carried out according to the existing legislation.
Efficacy
This Decree shall take effect on 1 January 2012.
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Regulation Information
| Citation | Decree No. 433 / 2011 Coll., amending Decree No. 529 / 2005 Coll., on administrative security and on classified information registers, as amended by Decree No. 55 / 2008 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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