Act of the Czech National Council No. 527 / 1992 Coll.

Act of the Czech National Council on the Security Information Service of the Czech Republic

Valid Effective from 24.11.1992
Contents
§ 1 § 2 § 3 ČÁST PRVNÍ HLAVA PRVNÍ § 4 § 5 § 6 § 7 § 8 § 9 § 10 HLAVA DRUHÁ § 11 § 12 § 13 § 14 HLAVA TŘETÍ § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 HLAVA ČTVRTÁ § 25 § 26 § 27 HLAVA PÁTÁ § 28 § 29 HLAVA ŠESTÁ § 30 HLAVA SEDMÁ § 31 § 32 ČÁST DRUHÁ HLAVA PRVNÍ § 33 § 34 § 35 § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 HLAVA DRUHÁ § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 § 67 § 68 § 69 HLAVA TŘETÍ § 70 § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 HLAVA ČTVRTÁ § 84 § 85 HLAVA PÁTÁ § 86 § 87 HLAVA ŠESTÁ § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 HLAVA SEDMÁ Oddíl první § 99 § 100 § 101 § 102 § 103 § 104 § 105 § 106 § 107 § 108 § 109 § 110 Oddíl druhý § 111 § 112 § 113 § 114 § 115 § 116 § 117 § 118 § 119 § 120 § 121 § 122 § 123 § 124 § 125 HLAVA OSMÁ § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 § 134 § 135 HLAVA DEVÁTÁ Oddíl první § 136 § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 Oddíl druhý § 145 § 146 § 147 § 148 § 149 § 150 § 151 ČÁST TŘETÍ HLAVA PRVNÍ § 152 § 153 § 154 § 155 § 156 § 157 HLAVA DRUHÁ § 158 § 159 § 160 § 161
527
THE LAW
Czech National Council
of 22 October 1992
on the Security Information Service of the Czech Republic
The Czech National Council decided on this law:
Preliminary provisions
§ 1
(1) The Security Information Service of the Czech Republic (the Security Information Service) is hereby established as an armed security service.
(2) The Security Information Service is a state body of the Czech Republic, which performs tasks in matters of state security and its constitutional establishment to the extent defined by this Act.
(3) In its activities, the Security Information Service is governed by constitutional laws, laws and other generally binding laws.
(4) The Security Information Service is a budgetary organization with a separate relationship to the state budget of the Czech Republic.1)
(5) The rights and freedoms of citizens can only be restricted to the extent and in the manner laid down by this law.
§ 2
This law governs
(a) the status and activities of the Security Information Service and its members;
(b) the service of members of the Security Information Service (hereinafter referred to as "members").
§ 3
(1) The provision of service in this law applies to members of the service in relation to the Security Information Service.
(2) On behalf of the Security Information Service, the Director of the Security Information Service (hereinafter referred to as "the Director") and, to the extent provided by the Director, the Head of the Organisational Services of the Security Information Service (hereinafter referred to as "the Service Authorities") are legal acts in matters of service.

ČÁST PRVNÍ

STABILITY AND ACTIVITIES OF SAFETY INFORMATION SERVICES AND THEIR COMPETENT AUTHORITIES

HLAVA PRVNÍ

SCOPE, TASKS, ORGANISATION AND CONTROL OF SAFETY INFORMATION SERVICES ACTIVITIES
Scope of Security Information Service
§ 4
(1) The Security Information Service receives, concentrates and evaluates information
(a) the activities of foreign intelligence services;
(b) concerning organised terrorism;
(c) important for the protection of the constitutional establishment;
(d) action against State security;
(e) important for the protection of the important economic interests of the State.
(2) The Security Information Service co-operates in the protection of state secrets.
(3) The security information service in its field of competence carries out other tasks where the international agreement to which the Czech Republic is bound so provides, provided that the Government of the Czech Republic so decides.
§ 5
Security Information Service
(a) propose measures to the Government of the Czech Republic to strengthen the security of the state and to address the critical issues of that security;
(b) coordinate its activities with other State institutions and bodies in the field of security.
§ 6
(1) The Security Information Service shall:
(a) in writing, by means of the Director of the Report of his branch of the Government of the Czech Republic, to which he has been tasked pursuant to Paragraph 7 (4), and a report which the Director considers to be relevant to the Government of the Czech Republic;
(b) the necessary partial information to the competent authorities of the State that those authorities need to prevent unconstitutional and unlawful activities; the details for the transmission of the information shall be determined by the Director.
(2) The Director shall submit to the Czech National Council at least once a year a report on the activities of the Security Information Service at the same time as the draft budget of the Security Information Service. The report is divided into public and secret parts, the public part being discussed at the meeting of the Czech National Council and only in the committee responsible for security matters. The draft budget shall be divided into part of the secret, discussed at a private meeting of the Czech National Council, and strictly secret, discussed only in the committee responsible for security matters.
(3) The security information service does not provide stored information to entities other than those referred to in paragraphs 1 and 2, unless otherwise provided by this law.
§ 7
Organisation of Security Information Services
(1) The Bureau of the Czech National Council appoints the Director on a proposal from the Government of the Czech Republic and after consulting the Committee of the Czech National Council responsible for security matters and appeals him on a proposal from the Government of the Czech Republic or on a proposal from the Czech National Council on the initiative of a supervisory body (§ 8) or in connection with a report pursuant to § 6 (2).
(2) The Director shall appoint and remove the Deputy Director.
(3) The Director is accountable to the Government of the Czech Republic for his duties.
(4) The Government of the Czech Republic, through its President, imposes in writing tasks on the Security Information Service within its scope.
(5) The Government of the Czech Republic determines the numerical status of the Security Information Service.
(6) The Internal Organisation of the Security Information Service provides for a statute approved by the Government of the Czech Republic on a proposal from the Director.
Monitoring of the activities of the Security Information Service
§ 8
(1) The activities of the Security Information Service shall be checked by the Czech National Council, which shall establish a specific supervisory body for this purpose (hereinafter referred to as the "supervisory authority.")
(2) The inspection body is composed of seven members. Only a member of the Czech National Council may be a member of the supervisory body.
(3) Save as otherwise provided in the law, the acts of the supervisory authority and the rights and obligations of its members shall be subject to a proportionate special regulation.2)
§ 9
(1) The members of the supervisory authority may enter the Security Information Service premises, accompanied by the Director or an authorised officer.
(2) The Director shall submit to the audit authority:
(a) the Statute of the Security Information Service,
(b) draft budget for the Security Information Service,
(c) written assignment of tasks imposed by the Government of the Czech Republic pursuant to § 7 (4),
(d) the documents needed to check the implementation of the budget of the Security Information Service;
(e) internal rules specifying:
1. the focus, organisation and numerical status of the Security Information Services,
2. supervisory, subordinate and service relationships;
3. use of intelligence,
4. the types and manner of registration of persons;
5. synergies and cooperation with other security forces.
(3) The Director shall submit to the supervisory authority at its request:
(a) a report on the activities of the Security Information Service pursuant to Article 6 (1);
(b) a report on the use of intelligence resources only in cases and cases where the Security Information Service has ceased its activities;
(c) summary information containing the focus and number of cases and items in which the Security Information Service is active; in the information, distinguish cases and items by letter referred to in § 4 (1).
(4) The supervisory authority shall not be entitled to interfere with the personnel competence of the managers of the Security Information Service and to replace their management activities.
§ 10
(1) If the supervisory authority considers that the security information service's activities illegally restrict or harm the rights and freedoms of citizens, it is entitled to request the necessary explanation from the Director.
(2) Any infringement of the law by members of the Security Information Service established by the Supervisory Authority in the course of its activities must be notified to the Director and Prosecutor General of the Czech Republic.

HLAVA DRUHÁ

COMPETENT AUTHORITIES, THEIR OBLIGATIONS AND AUTHORITIES
§ 11
(1) Members shall carry out the tasks of the Security Information Service and shall be in service to it.
(2) Members shall be obliged in the performance of their duties to respect the honour, dignity and dignity of persons and their own, as well as to ensure that persons do not suffer damage or harm likely to be disproportionate to the nature of the task.
(3) Members shall be entitled, where they consider that they are in excess of the scope of the Security Information Service as defined in Sections 4 to 6 or otherwise illegal, to contact the supervisory authority.
§ 12
(1) Members are subject to the jurisdiction of military courts and provisions on criminal offences.
(2) The criminal offences of members are investigated by investigators of the Security Information Service (hereinafter referred to as "investigators"), appointed and dismissed by the Director.
(3) Investigators are bound only by the Constitution, the laws and other generally binding laws and, to the extent provided for in the Code of Criminal Procedure, by the Prosecutor's instructions.
§ 13
Members shall demonstrate their competence to the Security Information Service by means of a service pass with a registration number and an oral declaration: "Security Information Service '.
§ 14
Use of firearms
(1) A member is entitled to carry a firearm and use it within the limits of this law
(a) in the case of necessary defence, 3)
(b) under extreme emergency conditions, 4)
(c) unless it is otherwise possible to avert a dangerous attack that endangers a protected object or a restricted security area, to a previous futile call to abandon the attack.
(2) When using a firearm, the member shall be obliged to take care to avoid, in particular, endangering the lives of other persons and saving as much as possible the lives of the person against whom the firearm is directed.

HLAVA TŘETÍ

REPORTING EQUIPMENT AND USE
§ 15
Reporting agents
(1) In its field of competence (Sections 4 to 6), the Security Information Service is entitled to use the means of intelligence:
(a) intelligence technology;
(b) persons acting for the benefit of the Security Information Service;
(c) cover documents,
(d) monitoring.
(2) The security information service is required to ensure the protection of the means of intelligence referred to in paragraph 1 (a), (c) and (d) against disclosure, misuse, damage or destruction and protection of the persons referred to in paragraph 1 (b) from disclosure or damage to honor, life or health.
Intelligence and authorisation for its use
§ 16
(1) For the purposes of this Act, reporting technology shall mean, in particular, electronic, phototech, chemical, physicochemical, radiotechical, optical, mechanical and other technical means and equipment, or their sets, used in a classified manner in:
(a) searching, opening and examining consignments carried out and evaluating them using criminal methods;
(b) monitoring and recording of telecommunications and radio communications operations;
(c) the acquisition of visual, audible or other records where they are used in a manner which affects the rights of a natural person.
(2) Relations between the Security Information Service and other institutions or organisations resulting from activities carried out under paragraph 1 shall be governed by specific agreements.
§ 17
(1) The information technology may be used by the Security Information Service in its field of competence under Sections 4 to 6 only on the basis of a prior written authorisation for the use of intelligence (hereinafter referred to as "authorisation") issued by the Supreme Court and only where the detection and documentation of the activity for which it is to be used is otherwise inefficient or materially difficult.
(2) The use of intelligence may limit the integrity of homes, letters and messages to the extent strictly necessary.
§ 18
The application for authorisation shall be submitted to the Supreme Court in writing and shall include in particular:
(a) the type of intelligence technology to be used, its place of use, the proposed duration of its use, the details of the person to be used by the intelligence technology and the number of the telephone station, if a phonogram is to be taken from it; if the person is a constitutional official, this information must be included in the application;
(b) information on the previous inefficient or significantly reduced detection and documentation of the activity for which the use of intelligence is required;
(c) reasons for using intelligence technology;
(d) information on any prior requirement for the use of intelligence in relation to the person referred to in (a), including a decision by the competent Supreme Court on that requirement.
§ 19
(1) The President of the Chamber of the Supreme Court shall be authorised.
(2) The authorisation shall specify the justification, the type of intelligence which may be used, the place of use, the duration of its use, the person against whom the intelligence may be used, and the telephone number of the telephone station if it can be recorded in a phonogram.
(3) The President of the Senate of the Supreme Court shall determine the duration of the use of intelligence for a maximum period of six months; it may extend that period on the basis of a new request, but not more than six months each time. In that case, Articles 17 and 18 and the provisions of paragraphs 1 and 2 shall apply mutatis mutandis.
(4) Where the authorisation concerns a constitutional officer, the supervisory authority shall be informed without delay of its issue.
§ 20
(1) The President of the Chamber of the Supreme Court which has issued the authorisation shall monitor whether the reasons for the use of the intelligence technology persist. If it is found that the reasons for its use have ceased, it shall withdraw the authorisation.
(2) The Security Information Service shall inform the Chairman of the Chamber of the Supreme Court who has issued the authorisation of the termination of the use of intelligence.
(3) Information obtained by the use of intelligence technology under this Act can only be used in accordance with Sections 4 to 6 and Sections 25 to 27.
(4) Records made using operational techniques shall be destroyed when the expected activity is not demonstrated in the prescribed manner.
§ 21
The Director shall specify the details of the use of intelligence.
§ 22
Persons acting for the benefit of the Security Information Service
(1) For the purposes of this Act, a person acting in favour of the Security Information Service is a natural person who provides the Security Information Service services in a voluntary, secret manner in the performance of its tasks (Sections 4 to 6).
(2) The Director shall adjust the details of the provision of services by persons acting for the Security Information Service.
(3) Paragraph 31 of this Law shall apply to the person referred to in paragraph 1.
§ 23
Covering documents
(1) For the purposes of this Act, cover documents shall mean documents and items used to conceal the actual identity of a member who carries out tasks in the field of the Security Information Service. The cover documents shall not be the passes of the members of the legislature and the service cards of the judges and prosecutors.
(2) The cover documents shall be issued by the Security Information Service only at the discretion of the Director.
(3) The security information service shall keep a register of cover documents.
(4) The Director shall lay down, by means of an internal regulation, details of the issue, use and keeping of cover documents.
§ 24
Monitoring
(1) The use of the monitoring of the Security Information Service to carry out tasks in its field of competence (Sections 4 to 6) is decided by the Director or an authorised member.
(2) The Director shall adapt the method of monitoring and its registration by means of an internal regulation.

HLAVA ČTVRTÁ

IMPLEMENTATION OF PERSONS
§ 25
(1) In its field of competence, the Security Information Service shall be entitled to keep and use data on persons in its registers if:
(a) there are substantiated suspicions of such persons from the efforts or activities referred to in Article 4;
(b) it is necessary to identify and evaluate the efforts or activities referred to in Article 4.
(2) Data on minors under the age of 15 may not be entered in the register. Data relating to minors over 15 years of age shall be reviewed after two years of entry and no later than five years of entry in such a way that no one other than the court has access to them, unless further knowledge has been acquired by the Security Information Service in its field of competence after the completion of their maturity.
§ 26
For each record, the Director shall lay down, by means of an internal regulation:
(a) identification of the registration;
(b) the purpose of the registration;
(c) access authorisation;
(d) means of logging.
§ 27
The security information service shall ensure the protection of data contained in the records of persons against disclosure, misuse, damage or destruction.

HLAVA PÁTÁ

RELATIONS OF SAFETY INFORMATION SERVICES TO STATE AUTHORITIES
§ 28
(1) The Director has the right to participate in the deliberations of the Government of the Czech Republic.
(2) In the performance of its tasks, the Security Information Service collaborates in particular with the Czech Police and Government Authorities.
§ 29
(1) In carrying out its tasks, the Security Information Service is entitled to require effective cooperation and information from the public authorities and other authorities in the areas of the delegation of the exercise of the administration in relation to the security and performance of the tasks of those authorities in their field of competence.
(2) The public authorities of the Czech Republic and other authorities in the areas of the delegation of the powers of administration are obliged to provide the required cooperation and information.

HLAVA ŠESTÁ

INTRODUCTION OF INJURY
§ 30
(1) If any person has been injured or killed in connection with assistance provided by the Security Information Service or its members at their request or with their knowledge, the State thereby incurs damage, mutatis mutandis, in accordance with the rules on compensation for accidents at work for workers. The Government of the Czech Republic may by regulation determine in which cases and to what extent:
(a) it belongs to those who have provided assistance, in addition to claims for compensation under labour law, and to one-off exceptional compensation;
(b) one-off compensation due under labour law to survivors of the aid and when such compensation may be granted to persons who have been fed on the beneficiary.
(2) To anyone who has provided the assistance referred to in paragraph 1, the State shall also make good any damage to the matters which it has incurred in connection with the provision of assistance. In doing so, the actual damage and other damage are covered, by an indication of the previous situation; If this is not possible or expedient, it shall be paid in cash.
(3) The State shall also pay damage caused by the person referred to in paragraph 2 in connection with assistance provided to the Security Information Service or its members.
(4) The right of the State to compensation for damages against those responsible under the Civil Code is not affected by the previous provisions.
(5) The liability for damage caused by maladministration of a national is governed by a special rule. 5)
(6) The Security Information Service shall provide the compensation referred to in paragraphs 1 to 3 and 5 on behalf of the State.

HLAVA SEDMÁ

MOLLENCIVITY
§ 31
(1) Members and any person carrying out tasks under this Act are required to maintain confidentiality regarding the facts which they have learned in connection with the Security Information Service's activities; the obligation to remain silent is not limited in time.
(2) The Director may waive the confidentiality of the person referred to in paragraph 1.
(3) The provisions of the preceding paragraphs are without prejudice to the provisions on the protection of state secrets. 6)
§ 32
The obligation to maintain confidentiality imposed on members of a supervisory authority under a special Regulation (2) shall not apply to cases where a supervisory authority submits a notification pursuant to Paragraph 10 (2). The facts which the members of the supervisory authority are aware of in the performance of their duties shall, to the extent necessary to achieve the purpose of the inspection under this law.

ČÁST DRUHÁ

SERVICES

HLAVA PRVNÍ

EQUIPMENT, AMENDMENTS AND COMPONENTS OF SERVICE
§ 33
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Regulation Information

CitationAct of the Czech National Council No. 527 / 1992 Coll., on the Security Information Service of the Czech Republic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation24.11.1992
Effective from24.11.1992
Effective until-
Status Valid
The regulation text is for informational purposes only.

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