Act No. 61 / 2006 Coll.
Act amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Laws (Copyright Act), as amended by Act No. 81 / 2005 Coll., and Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended
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Effective from 01.01.2006
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61
THE LAW
of 3 February 2006
amending Act No. 106 / 1999 Coll., on Freedom of Access to Information, as amended, Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Acts (Copyright Act), as amended by Act No. 81 / 2005 Coll., and Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Freedom of Information Act
Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 101 / 2000 Coll., Act No. 159 / 2000 Coll., Act No. 39 / 2001 Coll. and Act No. 413 / 2005 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
This law implements the relevant European CommunityRegulation (1) and regulates the rules for the provision of information and further regulates the conditions for the right of free access to that information.
(1) Directive 2003 / 98 / EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information. "
2. In Article 2 (1), the words "and the authorities of the local authorities' are replaced by the words" the local authorities and their authorities' and the words "the management of public funds' are deleted.
3. Paragraph 2 (3), including footnotes 1a and 1b, reads as follows:
"(3) The Act shall not apply to the provision of information which is the subject of industrial property (1a) and other information, provided that special law 1b (b) provides for the provision of such information, in particular the processing of an application, including the formalities and manner in which the application is submitted, the time limits, remedies and the manner in which the information is provided.
(1a) For example, Act No. 527 / 1990 Coll., on inventions and improvements, as amended, Act No. 529 / 1991 Coll., on the protection of topographies of semiconductor products, as amended, Act No. 478 / 1992 Coll., on utility models, as amended, Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications, and on the amendment of the Consumer Protection Act, as amended, Act No. 441 / 2003 Coll., on marks and on the amendment of Act No. 6 / 2002 Coll., as amended by Act No. 501 / 2004 Coll.
1b) For example Act No. 123 / 1998 Coll., on the right to information on the environment, and Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. '
4. In Article 2, the following paragraph 4 is added:
"(4) The obligation to provide information shall not concern questions of opinion, future decisions and the creation of new information. ';
5. In Article 3 (2), the words "telecommunications equipment 2) (for example via the Internet) 'are replaced by the words" electronic communications networks or services 2)'.
footnote 2:
"(2) § 2 (h) and (n) of Act No. 127 / 2005 Coll., on electronic communications and on the amendment of certain related laws (Act on electronic communications)."
6. In Article 3, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) For the purposes of this Act, information shall mean any content or part thereof, in any form, recorded on any medium, in particular the content of a written record on a list, a record stored in electronic form or a record of sound, visual or audiovisual.
(4) Information under this Act is not a computer program. '
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
7. In Article 3 (5), the words "in the public library (3) 'are replaced by the words" in the library providing public library and information services under the library code (2a)';
footnote 3 is deleted.
Footnote 2a reads:
"2a) Act No. 257 / 2001 Coll., on Libraries and Conditions of Operation of Public Library and Information Services (Library Act), as amended by Act No. 1 / 2005 Coll. '.
8. In Article 3 (6), the word "entry 'is replaced by" information'.
9. In Article 4, the current text becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(2) The information provided by the publication shall be provided in all formats and languages in which it was created. Where such information is published in electronic form, it shall also be published in a format the specification of which is freely available and the use of which is not restricted by the user.
(3) Where the information is provided on request, it shall be provided in formats and languages according to the content of the request for information, unless otherwise provided by this law. Compulsory bodies shall not be obliged to change the format or language of the information if such a change would be a disproportionate burden on the compulsory body; in this case, the obliged entity shall comply with the request by providing information in the format or language in which it was created.
(4) Where the information requested is part of a larger body and its exemption would be a disproportionate burden on the compulsory body, the compulsory body shall provide the whole in accordance with this law.
(5) Where possible, taking into account the nature of the application submitted and the manner in which the information is recorded, the obliged entities shall provide the information in electronic form. ';
10. in Paragraph 5 (1), the words "concerning the rights and obligations of persons" shall be added at the end of the text of point (b).
11. in Article 5 (1) (c), the word "decision" shall be replaced by the word "decision," the word "body" shall be inserted after the word "rights and obligations of persons," and the word "title" shall be replaced by "designation."
12. in Article 5, at the end of paragraph 1, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) exclusive licences granted under Paragraph 14a (4);
(i) a resolution by the superior body on the amount of the payments made pursuant to Paragraph 16a (7);
(j) the address of the electronic mail office. ';
13. In Article 5, the following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 2b:
"(2) Obligatory bodies shall be obliged to make available at their headquarters in official hours
(a) legislation issued under their jurisdiction;
(b) lists of the main documents, in particular conceptual, strategic and programme nature, which may be provided under this Act, including, where appropriate, draft licensing agreements 2b) pursuant to Paragraph 14a;
and so that everyone can look at them and get a copy, an extract or a copy.
(3) Within 15 days of the provision of the information at the request of the obliged entity, that information shall be made public in a manner that allows remote access. Information provided in a non-electronic form or exceptionally large electronically provided information shall be sufficient to publish accompanying information expressing its content.
2b) Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended by Act No. 81 / 2005 Coll. '.
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
14. in Article 5 (4), the words "and 2" shall be inserted after the number "1" and, at the end of paragraph 4, the words "In the case of the information referred to in paragraph 2 (a), it is sufficient to fulfil this obligation to indicate a reference to a place where that information is already published in a way that allows remote access. The structure of the information disclosed shall be laid down in implementing legislation. ';
15. in Article 5 (5), the words', registers, lists or registers' and the words' data 'shall be replaced by' information ';
16. in Article 5, the following paragraph 6 is inserted after paragraph 5:
"(6) The obligation to publish the information referred to in paragraphs 4 and 5 shall be fulfilled by the obliged entity by making it available to the administrator of the public administration portal without undue delay or by handing it over to it. The form and data format of the information made available and transmitted shall be laid down in the implementing legislation. ';
Paragraph 6 shall become paragraph 7.
17. in Article 6 (1), the words "to supply information" shall be inserted after the word "application."
18. The following Section 8a is inserted after Section 8, including footnote 4a:
Information concerning personality, personal manifestations, personal privacy and personal data shall be provided by the compulsory body only in accordance with the legislation governing their protection4a).
(4a) For example, Sections 11 to 16 of the Civil Code, Sections 5 and 10 of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws. '
19. The following Section 8b is inserted after Section 8a, including the title and footnotes Nos 4b and 4c:
Beneficiaries of public funds
(1) The compulsory body shall provide basic personal data 4b) on the person to whom it has provided public funds.
(2) The provisions of paragraph 1 shall not apply to the provision of public funds under social law, the provision of health care, physical unemployment insurance, state aid for building savings and State aid for the restoration of the territories (4c).
(3) The basic personal data referred to in paragraph 1 shall be provided only to the following extent: first name, surname, year of birth, municipality where the beneficiary is resident, amount, purpose and conditions of the public funds provided.
4b) § 5 (2) (a) of Act No. 101 / 2000 Coll.
4c) For example, Act No. 155 / 1995 Coll., on Pension Insurance, as amended, Act No. 48 / 1997 Coll., on Public Health Insurance, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, Act No. 100 / 1988 Coll., on Social Security, as amended, Act No. 96 / 1993 Coll., on Construction Savings and State Aid for Construction Savings, as amended, and Act No. 12 / 2001 Coll., on State Aid for the Restoration of the Territory or Other Disaster and on the Amendment to Act No. 363 / 1999 Coll., on Insurance, as amended (Act on State Aid for the Restoration of the Territory). '
20. in Paragraph 9 (1), the words "classified as trade secrets (6)" shall be replaced by the words "trade secrets (6)";
21. in Article 9 (2), the words "the resources of the State budget, the budget of the territorial unit or the fund established by law (7) or the management of the assets of those bodies" shall be replaced by the words "the public funds" and footnote 7 shall be deleted;
22. in Article 11 (1), the word "or" shall be added at the end of point (a).
23. in Article 11 (2), the words "information produced without the use of public funds which" shall be inserted at the beginning of point (a);
24. in Article 11 (2), the word "or" shall be added at the end of point (b).
25. in Article 11 (2) (c):
"(c) it would infringe the protection of third parties' rights to the subject matter of copyright (2b)."
footnote 10 is deleted.
26. Paragraph 11 (3), including footnote 11, reads:
"(3) Information obtained by a compulsory body from a third party in carrying out tasks under a control, supervisory, supervisory or similar activity carried out under a special legislature11) under which it is subject to an obligation of confidentiality or any other procedure protecting it from publication or misuse shall not be provided. The compulsory body shall provide only the information which its activities have generated in the performance of these tasks.
11) For example, Act No. 552 / 1991 Coll., on State Control, as amended, Act No. 15 / 1998 Coll., on the Securities Commission and amending and supplementing other laws, as amended, Act No. 64 / 1986 Coll., on the Czech Trade Inspection, as amended, Act No. 133 / 1985 Coll., on Fire Protection, as amended. '
27. in Paragraph 11 (4) (b), the words "except for final judgments" shall be added at the end.
28. In Article 11, the following paragraph 5 is added:
"(5) The compulsory body shall not provide information which is subject to the protection of copyright or copyright related rights (hereinafter" copyright law ') 2b if it is held by:
(a) broadcasters operating such broadcasts pursuant to special legislation13a);
(b) schools and school establishments which form part of the education system under the Education Act 13b) and under the Higher Education Act 13c);
(c) libraries providing public library and information services in accordance with the Librarian Code (2a);
(d) the Academy of Sciences of the Czech Republic and other public institutions which are beneficiaries or co-beneficiaries of public funding for research and development under the Law on Research and Development (13d); or
(e) cultural institutions managing public funds such as museums, galleries, theatres, orchestras and other art sets.
This is without prejudice to the provision of such information in accordance with specific provisions.
13a) Act No. 483 / 1991 Coll., on Czech Television, as amended. Act No. 484 / 1991 Coll., on Czech Radio, as amended.
13b) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act).
13c) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended.
13d) § 2 (2) (b) and (c) of Act No. 130 / 2002 Coll., on Public Aid for Research and Development and on the amendment of certain related laws (Act on Support for Research and Development). '.
29. in Article 13 (1), "telecommunications equipment" is replaced by "electronic communications networks or services."
30. in Paragraph 13 (3), "16" is replaced by "16a."
31. the last sentence of Paragraph 14 (1) shall be deleted;
32. in Paragraph 14 (2):
"(2) It must be clear from the application which body it is addressed to and that the applicant seeks information within the meaning of this Act. The natural person shall indicate in the application the name, surname, date of birth, address of the place of permanent residence or, if he is not registered for permanent residence, address of residence and address of service, different from the place of permanent residence or residence. The legal person shall indicate the name, identification number, address of the registered office and address for delivery, if different from the registered office. The delivery address shall also mean the electronic address. ';
33. In Article 14, the following paragraphs 3 and 4 are inserted after paragraph 2, including footnote 13e:
"(3) If an application is made electronically, it must be submitted via an electronic mail system (13e) of the compulsory body if the compulsory body has set it up. If the address of the e-mail office is not published, the submission to any electronic address of the compulsory body shall be sufficient.
(4) Where the application does not contain the particulars referred to in paragraph 2, the first sentence and the address for service, or where an electronic application is not made pursuant to paragraph 3, it shall not be an application within the meaning of this Law.
13e) § 2 (y) of Act No. 227 / 2000 Coll., on Electronic Signature, as amended by Act No. 440 / 2004 Coll. '
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
34. In Section 14 (5) of the introductory part of the provision, the words "the content of the application 'are replaced by" the application' and the following point (a) is added:
"(a) where the lack of information on the applicant is prevented under paragraph 2 by the procedure for processing the request for information under this law, in particular pursuant to Article 14a or Article 15, it shall invite the applicant to complete the request within 7 days of the date on which the application is submitted; if the applicant does not comply with this call within 30 days of its receipt, the application shall be postponed; ';
Points (a) to (c) shall be renumbered (b) to (d).
35. in Paragraph 14 (5) (b), the words "from the date of service of the invitation" shall be inserted after the words "30 days."
36. in Paragraph 14 (5) (c), the word "three" is replaced by "7" and after the word "days" the words "from the date of receipt of the request" are inserted.
37. in Article 14 (5) (d):
"(d) if it does not decide in accordance with Paragraph 15, it shall provide the information in accordance with the request within a period not later than 15 days from the date of receipt of the application or the date of addition; where a licence is required under Paragraph 14a, it shall submit to the applicant a final licence offer within that period. ';
38. In Paragraph 14 (7), the words "may be 'are replaced by the words" may be used by a compulsory body under paragraph 5 (d)'.
39. After Paragraph 14, the following Section 14a is inserted:
Certain provisions on the licensing or sublicensing contract in the provision of information
(1) Where information which is subject to the protection of copyright (2b) is to be provided under a licensing or sublicensing agreement and property rights in respect of the subject-matter of copyright law are exercised by a compulsory body which is not referred to in § 11 (5), matters not governed by this law under the Copyright Act (2b) shall be dealt with.
(2) The remuneration for the authorisation of information may not be higher than that provided for in Paragraph 17, unless it otherwise provides for a specific law or licence agreement between the compulsory body and the person who transferred the right to dispose of the subject of copyright to the compulsory body.
(3) The conditions for the provision of information in a licensing or sublicensing agreement (hereinafter referred to as the "licence contract ') shall allow further use of the information by the applicant in accordance with the application, unless otherwise provided by this law. Licences or sublicences (hereinafter referred to as" licences') shall be granted as non-exclusive except in the cases referred to in paragraph 4.
(4) A compulsory body may grant an exclusive licence only if the exclusive licence for further dissemination of the information provided is necessary and is in the public interest. Where the compulsory body provides an exclusive licence in accordance with the first sentence, it shall review at least every 3 years the reasons on which the exclusive licence was granted.
(5) The compulsory body shall publish, in a way that allows remote access, a model licence contract which may be adapted by the applicant to specific applications and used as a proposal for the conclusion of the licence contract.
(6) The provisions of licensing agreements concluded when providing information under this Act shall not be subject to the protection of commercial secrecy. ';
40. Paragraph 15, including the title, reads:
Decision to reject the application
(1) If, even in part, the compulsory body fails to comply with the application, it shall, within the time limit for processing the request, issue a decision to reject the application or, where appropriate, to reject part of the application (hereinafter referred to as the "decision to refuse the application '), except where the request is postponed.
(2) Where the request has not been granted for reasons of commercial secrecy pursuant to Article 9 or the protection of third parties' rights to the subject-matter of copyright pursuant to Article 11 (2) (c), the statement of reasons for the decision shall state who exercises the right to such trade secrecy or who exercises the property rights to that subject-matter of copyright, if that person is known to the obliged entity. ';
41. Paragraph 16, including the title, reads:
Appeals
(1) An appeal may be lodged against the decision of the compulsory body to refuse the application.
(2) The compulsory body shall present the appeal together with the file material to the superior body within 15 days of receipt of the appeal.
(3) The competent authority shall decide on the appeal within 15 days of the date of submission of the appeal by the compulsory body. The time limit for the decision on decomposition shall be 15 working days from the date of service of the decomposition to the compulsory body. The time limit shall not be extended.
(4) When examining the decision on appeal on the basis of an action under a special law, the court shall examine whether the grounds for refusal are given. If there are no grounds for refusal, the court shall revoke the decision on appeal and the decision of the compulsory body to reject the application and shall order the compulsory body to provide the information requested. ';
footnote 14 is deleted.
42. After Paragraph 16, the following Section 16a is inserted:
Complaints on the procedure for handling the request for information
(1) A complaint concerning the procedure for handling a request for information (the complaint) may be lodged by the applicant,
(a) which does not agree to the processing of the application in the manner set out in Section 6;
(b) which, after the expiry of the period referred to in Article 14 (5) (d) or Article 14 (7), has not been provided with information or a final licence offer and has not been given a decision rejecting the application;
(c) to which the information has been provided in part without a decision to reject the remainder of the application; or
(d) who does not agree with the amount of remuneration communicated pursuant to Article 17 (3) or the amount of remuneration referred to in Article 14a (2) required in connection with the provision of information.
(2) The complaint may be lodged in writing or orally; If the complaint is lodged orally and cannot be dealt with immediately, the compulsory body shall record it in writing.
(3) Complaints shall be lodged with the compulsory body within 30 days of the date on which:
(a) notification pursuant to § 6, § 14 (5) (c) or § 17 (3);
(b) the expiry of the time limit for disclosure pursuant to Article 14 (5) (d) or Article 14 (7).
(4) The complaint shall be decided by the superior authority.
(5) The competent body shall submit a complaint, together with the file material, to the competent authority within 7 days of the date on which the complaint was lodged, unless it has fully complied with the complaint within that period by providing the requested information or final licence offer or by issuing a decision rejecting the application.
(6) When deciding on a complaint pursuant to paragraph 1 (a), (b) or (c), the competent authority shall examine the procedure of the compulsory body and decide that:
(a) confirm the procedure of the compulsory body;
(b) order the compulsory body to complete the application or, where appropriate, submit a final licence offer to the applicant within a specified period which may not exceed 15 days from the date of receipt of the decision of the superior authority; or
(c) by order, take over the case and provide the information itself or issue a decision rejecting the application; This procedure shall not be applied to the authorities of the local authorities in the exercise of their separate powers.
(7) When deciding on a complaint pursuant to paragraph 1 (d), the competent authority shall examine the procedure of the compulsory body and decide that:
(a) confirm the amount of remuneration or remuneration;
(b) reduce the amount of remuneration or remuneration; the procedure cannot be applied to the authorities of the local authorities in the exercise of their separate powers; or
(c) order the obliged entity to remedy, within a specified time limit which may not exceed 15 days from the date of receipt of the decision of the superior authority, the compensation or remuneration for the provision of information to the local authorities in full within a separate scope.
(8) The competent authority shall decide on the complaint within 15 days of the date on which it was submitted to it.
(9) The decision referred to in paragraphs 6 and 7 shall be notified to the applicant and to the compulsory body. A decision given pursuant to paragraphs 6 and 7 shall not be appealed against. However, if the decision referred to in paragraph 6 (c) is taken, the decision referred to in paragraph 6 (c) may not be appealed only if the superior authority designated under § 178 (2) of the last administrative order or under § 20 (5) of this law has decided.
(10) Where the information referred to in paragraph 6 (c) is provided, the applicant may apply mutatis mutandis within the meaning of paragraph 1 (a) or (c). ';
43. In Article 17 (1), the words "by searching for information," are deleted and the sentence "The compulsory body may also require payment for the extremely extensive search for information."
44. in Article 17 (2) and (3):
"(2) Where a remuneration has been agreed in the licence agreement, costs may not be claimed.
(3) Where a compulsory body requests reimbursement for the provision of information, it shall notify the applicant in writing, together with the amount of the payment, before providing the information. It shall be clear from the notification on the basis of which facts and how the amount of the payment was quantified by the compulsory body. ';
45. In Article 17, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) If the compulsory body fails to comply with the notification obligation laid down in paragraph 3 to the applicant, it shall lose its right to reimbursement.
(5) The provision of the information referred to in paragraph 3 shall be subject to payment of the required remuneration. If, within 60 days of the date of notification of the payment requested, the applicant fails to pay the payment, the compulsory body shall defer the application. The time limit referred to in the second sentence shall not run for the duration of the processing of the complaint against the amount of the payment requested. ';
Paragraph 4 shall become paragraph 6.
46. in Article 18 (1), the words "and the number of decisions to refuse an application" shall be added after the words "information."
47. In Paragraph 18 (1), the words "in respect of the examination of the legality of a decision by a compulsory body to reject a request for information and an overview of all expenditure incurred by the compulsory body in connection with legal proceedings on rights and obligations under this law, including costs for its own staff and costs of legal representation," shall be added at the end of the text of point (c).
48. in Paragraph 18 (1) (d):
"(d) a list of the exclusive licences granted, including a justification for the necessity of granting the exclusive licence;"
49. in Paragraph 18 (1), the following point (e) is inserted after point (d):
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Regulation Information
| Citation | Act No. 61 / 2006 Coll., amending Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Acts (Copyright Act), as amended by Act No. 81 / 2005 Coll., and Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.03.2006 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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