Act No. 523 / 2020 Coll.
Act amending Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended
Valid
Law
Effective from 11.12.2020
Text versions:
11.12.2020
10.12.2020
523
THE LAW
of 3 December 2020
amending Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 412 / 2005 Coll., on the Protection of Classified Information and Security Eligibility, as amended by Act No. 119 / 2007 Coll., Act No. 177 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 135 / 2009 Coll., Act No. 298 / 2009 Coll., Act No. 183 / 2017 Coll., Act No. 205 / 2008 Coll., Act No. 250 / 2014 Coll., Act No. 205 / 2015 Coll., Act No. 375 / 2015 Coll., Act No. 135 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 181 / 2014 Coll., Act No. 181 / 2014 Coll., Act No. 250 / 2014 Coll.
1. In Paragraph 57, the following paragraph 8 is inserted after paragraph 7:
"(8) The validity of the certificate referred to in paragraph 2 shall not expire on the grounds referred to in Article 56 (1) (a) until the date of the decision on the application referred to in Article 94 (4) or Article 96 (4), but for a maximum period of 12 months from the expiry of the certificate if the application was made at the time when the state of war or for the whole territory of the Czech Republic was declared an emergency situation or a state of danger (hereinafter referred to as" emergency state '), or if the emergency situation was declared during the procedure for the application.';
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
2. The following Section 60a is inserted after Section 60:
The holder of a certificate of a natural person or an entrepreneur may, in the event that the certificate has expired on the grounds referred to in Article 56 (1) (a), have access to classified information at a level of secrecy and, in the case of an entrepreneur, in the form of access corresponding to an up-to-date certificate, if the application was made at the time when the emergency situation was declared, or if the emergency situation was declared during the procedure for such an application. ';
3. The following Section 80a is inserted after Section 80:
The holder of the document shall be entitled, where the document has expired on the grounds referred to in Article 85 (3) (a), until the date of the decision on the application referred to in Article 99 (4), but for a maximum period of 12 months from the expiry of the document, to carry out a sensitive activity or to have access to classified information at the level of the Reserved if the application was made at the time when the emergency situation was declared, or if the emergency situation was declared in the course of the procedure on that application. ';
4. In Paragraph 117, the following paragraph 9 is added:
"(9) The time limits referred to in paragraphs 1 to 7 shall not run as long as the emergency situation is declared. ';
5. In Paragraph 137, at the end of point (j), the word "a 'is replaced by a comma.
6. In Article 137, at the end of point (k), the dot is replaced by "a 'and the following point (l) is added:
"(l) maintain and publish on its website a list of the certificates of a natural person, the certificate of business and the documents of which holders are entitled to have access to classified information in accordance with Article 60a or to carry out sensitive activities or to have access to classified information in the classification level reserved under Article 80a.";
7. in Article 150 (1) (d) and in Article 155 (1) (e), "8" is replaced by "9."
Transitional provisions
1. A natural person or an entrepreneur who has submitted a request pursuant to § 94 (4) or § 96 (4) of Act No. 412 / 2005 Coll., on the protection of classified information and on security competence, which the National Security Office has not decided until the date of entry into force of this Act has not expired, shall be entitled to have access to classified information pursuant to § 60a of Act No. 412 / 2005 Coll., as effective from the date of entry into force of this Act, provided that the application was made at the time of the declaration of war or for the entire territory of the Czech Republic for a period of expiry of the State's emergency state or for the entire territory of the Czech Republic of the State's emergency or threat status was declared in the course of the procedure for this application, but for a period of 12 months after the expiry of validity of the certificate.
2. A natural person who has submitted an application pursuant to Article 99 (4) of Act No. 412 / 2005 Coll., for which the National Security Office has not decided by the date of entry into force of this Act and which has not expired on the date of entry into force of this Act, is entitled to exercise a sensitive activity or access to classified information of the classification level Reserved under § 80a of Act No. 412 / 2005 Coll., as amended by the date of entry into force of this Act, provided that the application was filed at the time when the decision on the application was made, but not later than 12 months after the expiry of the period of the document, or the state of emergency or for the entire territory of the Czech Republic was declared during the procedure for the application.
Efficacy
This Act shall take effect on the day following its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 523 / 2020 Coll., amending Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Capability, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.2020 |
|---|---|
| Effective from | 11.12.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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