Decree No. 645 / 2004 Coll.
Decree implementing certain provisions of the Act on archiving and file service and amending certain laws
Valid
Effective from 01.01.2005
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645
DECLARATION
of 13 December 2004
implementing certain provisions of the Charter and File Service Act and amending certain laws
According to Section 86 of Act No. 499 / 2004 Coll., on archiving and file services and on the amendment of certain laws (hereinafter referred to as "the Act"), the Ministry of Interior provides for the implementation of Sections 19, 20 (5), 24 (3), 31 (2), 36, 40 (4), 56 (4) and 61 (9) of the Act:
Method of keeping the basic, secondary and central records of the National Archive Heritage
(1) The basic records of the National Archive Heritage (hereinafter referred to as the "basic records") shall be kept at least in paper form. The archives, with the exception of the security archives, shall also keep basic records in digital form in the information system for the keeping of records of the National Archive Heritage (hereinafter referred to as the "archive registration system '), which is part of the national portal. Security archives may maintain a part of the basic register which does not contain classified information4) in digital form in the archive log system. Cultural scientific institutions may keep basic records in digital form in the archival records system.
(2) The secondary registration of the National Archive Heritage (hereinafter referred to as "secondary registration") is carried out in digital form in the archival records system. The archives which maintain the secondary register shall transfer data from the basic records supplied in paper form to the digital form.
(3) The Central Register of the National Archive Heritage ("Central Register") is always carried out in digital form in the archival records system.
(4) Basic, secondary and central records are kept up to date, unless otherwise specified.
(5) The basic records of archives which do not fall under the care of cultural scientific institutions and archives shall be updated once a year by 15 January of the following calendar year.
Changes in the records of the National Archive Heritage when transferring archives
(1) The proposal for the transfer of archival material to the care of another archive pursuant to Section 18a (2) of the Act addressed to the Ministry for the purposes of updating the central register contains copies of the records of the National Archive Heritage Register (hereinafter referred to as the "registration lists"), on which the archives transferred between archives or culturally scientific institutions which maintain the basic records, in order to ensure the care of the archives (hereinafter referred to as the "delimitation") are registered, and the exact characteristics of the archives transferred, expressed in the registration units and the city; a list of the archives in question is included for processed and inventoried archives.
(2) Delimited archivaly, takes archival or cultural scientific institutions into which archivaly is delimited, into basic records and archives or culturally scientific institutions in whose care the archivaly was held until the time of delimitation, shall exclude it from the basic record.
(3) Where delimited archival records are kept only in paper form in the base register, they shall, for the purposes of updating the secondary archive records or the culturally scientific institution transmitting archival records, notify this fact to the National Archive or to the relevant national regional archive, in whose base records only in paper form are kept.
(4) If the management of a secondary register of delimited archives, which are kept in the base register only in paper form, is transferred to another archive, it shall, for the purposes of updating the secondary register of archives which it has kept in the secondary register, notify the archive in which the secondary register management is transferred.
Records of archive gains and losses
(1) The records of increments and losses of archives are broken down into the records of external increments and losses of archives (hereinafter referred to as "external change") and the records of internal increments and losses of archives (hereinafter referred to as "internal change") which occurred with archives of the archive fund or archive collection (hereinafter referred to as "archive file").
(2) The external change captures changes that have occurred with archival archives of the relevant archive file in relation to the archive or the cultural scientific institution that has such archives in its basic register to another natural or legal person, such as the originator, owner, other archive, other cultural scientific institution.
(3) The internal change captures changes that have occurred with archival archives of the respective archive file inside the archive or a culturally scientific institution that has these archives in its base record, for example during archival processing, reassessing the importance of archival or destroying archives.
(4) In the basic register of cultural scientific institutions and archives stored outside the archives and culturally scientific institutions, increments and losses shall be kept only on the registers to the extent specified in Section 6 (3) (s).
Records of external changes
(1) The recording of external changes in paper form is kept as a complete file. Each record of external changes always contains
(a) the archive number from the archive code list and the cultural scientific institutions kept by the Ministry (hereinafter referred to as the archive code list), which keeps the archive in the base register;
(b) the number of the external change that is unique and unchanged in the relevant archive;
(c) the registration number of the archive file to which the external change relates;
(d) the date of the external amendment;
(e) the reasons for the external change (e.g. the loss of the decontamination of the whole archive file, the addition to the existing archive file) and the type of external change in terms of the increase (e.g. in the shredder procedure, outside the shredder procedure, the gift);
(f) the reference number or other unambiguous identification of the document concerning the external change;
(g) data on the originator of archival materials as regards the increase and not the delimitation, to the extent provided for in Article 18 (3) of the Act;
(h) details of the transferring natural or legal person, if not the same as the source of the archives, pursuant to Article 18 (3) of the Act;
(i) the time range of archives contained in the external change, which is the lower and upper time limits of the archives, the lower time limits of the prior dating and the upper time limits of the posterior dating; for individual data, indicate whether it is an estimate;
j) in the case of archives in analogue form, the number of standard meters (hereinafter referred to as "metric") by the archive of external change, which is:
1. unprocessed metrage, determined by the number of normal metres of unprocessed archives,
2. metrage processed, determined by the number of regular metres of processed archival,
3. an inventory-based metrage, determined by the number of normal metres of inventoried archives,
4. total metrage, which is the sum of processed and unprocessed metrage; archival inventories are always understood as a subset of archival processed,
k) for archival in digital form size in flats, broken down
1. size of unprocessed archives in digital form,
2. the size of the processed archives in digital form,
3. the size of the inventoried archives in digital form,
4. the total size of the archives in digital form, which is the sum of the size of the processed archives including the inventory archives and the sum of the sizes of the unprocessed archives,
(l) details of the registration unit of external changes, which are:
1. the type of registration unit referred to in Annex 1 to this Decree,
2. the number of unprocessed, processed and inventoried accounting units and the total number of accounting units;
3. the time span of the archives of the registration unit, as referred to in point (i);
(m) location of the addition,
(n) the name of the archive file as regards the delimitation of the whole archive file.
(2) If the paper form of the external change log is produced by a digital output from the registration, it shall be printed once a year.
(3) The records of the external changes referred to in paragraphs 1 and 2 shall be kept by the archives in their basic records, unless they are the basic records of archives stored outside the archives and of cultural scientific institutions.
Registration of internal changes
(1) The records of internal changes in paper format are kept on the registers to the extent referred to in Section 6 (3) (s).
(2) In the basic archive records kept in digital form, internal changes shall be recorded in the separate records, in particular changes pursuant to Section 17 (2) of the Act, changes detected in the archive inventory declared by the Ministry pursuant to Section 44 (i) of the Act and changes in archival processing. The recording of internal changes always contains
(a) the archive number from the archive code list, which the archive keeps in the base register;
(b) the number of the internal change that is unique and unchanged in the relevant archive;
(c) the characteristics of the type of internal change (e.g. loss of part of the archive file by destruction, changes in the archive file during archival processing) and a description of the internal change (e.g. circumstances describing the destruction of archives);
(d) the registration number of the archive file to which the internal change relates;
(e) the date of the internal amendment;
(f) the time span of the archives concerned by the internal change in the manner referred to in Article 4 (1) (i);
(g) for archival sites in analogue form, the measurement of the archives to which the internal change relates, in the manner set out in Article 4 (1) (j);
(h) in the case of digital archives, the size of the flats, broken down by the size referred to in § 4 (1) (k);
(i) the registration units concerned by the internal change in the manner referred to in Article 4 (1) (l);
(j) the reference number or other unambiguous identification of the document relating to the external change where such document exists.
(3) The records of internal changes referred to in paragraphs 1 and 2 shall be kept by the archives in their basic records, unless they are the basic records of archives stored outside the archives and of cultural scientific institutions.
National archive heritage registers
(1) All archives are recorded on the records.
(2) The records kept in the base register in paper form shall be signed by the processor of the register and the director of the archive or statutory representative of the cultural scientific institution. For archival sites which do not belong to the care of the archive or cultural scientific institution, the signature of the owner or holder shall be provided. Where the owner or holder of registered archives is a legal person, the signature of a natural person authorised to act as a legal person shall be required. In the case of archives belonging to the care of the archive or cultural scientific institution, the record sheet shall also be stamped with the relevant archive or cultural scientific institution.
(3) The certificate always contains:
(a) the archive number or the cultural scientific institution from the archive code list which the archive file keeps in its basic register; does not appear in the archives referred to in point (b),
(b) the number of the code list of archives under which archival archives which do not belong to the care of the archive or the cultural scientific institution are registered in the appropriate archive;
(c) information on the owners or holders of archival material pursuant to Article 18 (3) of the Act, if it is on archival material stored outside archives and cultural scientific institutions;
(d) the number of the register which is unique and unchanged in the relevant archive or cultural scientific institution;
(e) the name of the archive file;
(f) the registration status of the archive file, expressing the relationship of the archive or the cultural scientific institution that keeps the archive file in the basic register, to the archival archives registered;
(g) the time range of archival archives of the archive file in the manner set out in Section 4 (1) (i);
(h) the date on which the record sheet was completed and signed and, where appropriate, the date of the last amendment to the record sheet;
(i) information on the accessibility of the archive file for consultation pursuant to Sections 34, 37 and 38 (1) to (3) of the Act;
(j) in the case of archives in analogue form, the metric of the archive file, in the manner set out in Section 4 (1) (j);
(k) for archival archives in digital form, their size in the flats, broken down by section 4 (1) (k);
(l) the state of preservation of the archive file in the range of completeness, physical condition, damaged archive files and the nature of the damage;
(m) the number of the group of thematic records and a thematic description of the archive file, where the groups of thematic records are general, significantly superior concepts summarising the common features of a particular type of archive files;
n) place of origin and place of storage of the archive file,
(o) the archive file registration unit referred to in Article 4 (1) (l);
(p) archival aids of the archive file pursuant to § 7 (2) (b), (f), (h) and (i);
(q) whether the archive file contains an archival cultural monument or a national cultural monument, pursuant to § 10 (4);
(r) the designation of the originator of the archive file in the original language, the earlier or other names of the originator with the period during which the name was used, and other particulars referred to in Article 18 (3) of the Act;
s) increments and losses of the archive file, where it is stated
1. any external changes resulting from changes in the described archive file, to the extent: the number of the external change, the date of the external change and the reference number or other unambiguous identification of the document concerning the external change;
2. all internal changes to the extent: description of the internal change and date of the internal change,
3. in the case of a register referred to in Article 3 (4), a basic description of the increment or loss shall be given, to the extent: the characteristics of the type of internal change or the reasons for the external change, the metric of the increment or loss referred to in Article 4 (1) (j) and the registration unit of the increment or loss referred to in Article 4 (1) (l);
4. the entry of the archive file into the archive or cultural scientific institution if the previous data are not known;
(t) data on the selection of archives in the shredder's or outside the shredder's proceedings;
(u) data on archival sites belonging to the archive file, stored in other archives or other cultural scientific institutions, or stored outside archives and cultural scientific institutions;
(v) data on the archive file covering the content and history of the archive file and the edition from the archive file,
(w) information on the measures provided for in Sections 27 and 32 of the Act, if they are archival files which are not stored in the public archive,
(x) the data referred to in Article 18 (3) of the Act, the date on which the archives are stored in the archive and, where appropriate, the limitation on the accessibility of the archive file resulting from the storage contract, if the archive files are stored in the archive under the storage contract,
(y) the information referred to in Article 18 (3) of the Act and the date of conclusion of the contract, if the archive files are stored on the basis of a contract outside the archives or a culturally scientific institution which keeps the archive in the basic register,
(z) the date of transmission and the place of deposit of the transferred archive file and other information pursuant to Article 18 (3) of the Act, if the archive files are physically transmitted to the owners.
(4) The record sheet always contains:
(a) the name of the processor of the register;
(b) the name of the operator of the record sheet if it is kept in digital form;
(c) the archive file tag if it is introduced for the archive file;
(d) data on unsought archival and non-available rented archival.
(5) Data sheets in paper form, which are not the output of the digital record, are to be completed in block letters in pen or typewriter order to maintain the legibility of the data no longer valid; if the recorded changes make the record sheet difficult to read, the relevant record sheet shall be discarded and replaced by a new one.
(6) Listing sheets in paper form, which are the output of the digital record, are discarded and replaced by their current text when any change is made to the record sheet.
(7) The decimated sheets in paper form shall be marked by cross-checking the entire area of the form with the date of disposal and the signature of the processor of the new record sheet.
(8) Decommissioned listings in paper form shall remain in the file room of the archive or the cultural scientific institution and shall be stored in the file on the file.
Records of archive aids
(1) The records of archiving aids kept in the base register shall be kept on the records in paper form containing the particulars referred to in paragraph 2 (b), (f), (h) and (i).
(2) The records kept in the basic, secondary and central records shall contain:
(a) the archive number which the archives described in the archive aid shall keep in the basic register (the archive with the archive file);
(b) the registration number of the archive aid from the archive with the archive file; this number is unique and immutable in the relevant archive,
(c) the name and, where applicable, the name and surname of the natural person or the name of the legal person in whose administration or possession the archives are located, if they are archiving aids describing the archives stored outside the archives and culturally scientific institutions;
(d) the number of the archive which has a copy of the archive aid in its register, if it is on the record of the copy of the archive aid,
(e) the unique registration number of the copy of the archive aid, which has a copy in its register, if the copy of the archive aid is registered;
(f) the type of archive aid referred to in Annex 2 to this Decree;
(g) the name of the archive aid;
(h) the time range of archives described in the archive aid indicating the period from which the archives described in the archive aid originate;
(i) the year of origin of the archive aid;
(j) the form of drawing up the archive aid;
(k) details of additions which do not have a specific name, introduction and tirage;
(l) the number of the group of thematic records characterising the archives described in the archive aid;
(m) the name and surname of the processor (s) of the archive aid,
n) the place of origin of the archives described in the archive aid,
(o) the number of the record sheet or the number of the records on which the archives described in the archive document are registered.
(3) Archiving aids replaced by archival aids with updated content are not part of the base register and, in the case of a archive or a culturally scientific institution which maintains the relevant archive file in its base register, shall be stored in the file on the archive file.
Sending and recording of copies of archive aids
(1) The archives and cultural scientific institutions shall send copies of the sub-inventories, inventories, catalogues, registers, thematic catalogues, lists of documents and thematic registers listed in Annex 2 to this Regulation to the central register.
(2) Security archives, specialised archives, archives of local authorities, private archives and culturally scientific institutions shall send copies of the archive aids referred to in paragraph 1 to those archives which keep a secondary register of their archives.
(3) The texts of the archive aids referred to in paragraph 1 shall be sent in paper form or in digital form. By sending a copy of the archive aid in digital form, it means storing it in the archival records system.
(4) The Ministry shall keep a register of the copies of archival aids accepted. The copies of archive aids sent and their records are part of the central register.
(5) The national archives and the national regional archives shall keep a record of the copies of the archival aids which they hold.
Method of transmission of data from basic records to secondary and central records
(1) Data from basic records shall be transmitted, unless otherwise specified, in paper or digital form.
(2) The transmission of data from basic records in digital form means their storage in the archival records system.
(3) The security archives which maintain a part of the basic register which does not contain classified information in paper format only shall transmit data from the records and from the records of the archive aids from that part to the secondary register of the National Archive by 15 January of the following calendar year in paper form. Security archives shall only transmit data on archival sites for which the classification level has been deleted.
(4) Culturally scientific institutions which maintain the basic records only in paper form shall transmit data from the records and from the records of archiving aids from their basic records to the secondary records of the National Archive or the relevant national archives by 15 January of the following calendar year in paper form.
(5) Data from the records and from the records of archival aids shall be transmitted in paper form in the form of copies of the registers according to the models provided by the Ministry.
Method of keeping records of archives, archive files or their integrated parts declared as cultural monuments or national monuments
(1) The Ministry shall assign a unique and immutable number to each archive cultural monument and to the national cultural monument (the "monument").
(2) Part of the Ministry's special register of monuments consists of:
(a) a request for a declaration of the archives, archive files or their complete parts for a memorial;
(b) a copy of the Ministry's decision on the declaration of archives, archive files or their integrated parts as an archive cultural monument and, in the case of national cultural monuments, the Government's decree on the declaration of an archive cultural monument as a national cultural monument;
(c) data on the export of monuments pursuant to Article 29 of the Act;
(d) reports on the results of examination of the physical state of the monuments sent to the Ministry of Archives pursuant to § 30 (3) and (4) of the Act;
(e) a decision by the Ministry on the preservation or restoration of damaged or endangered monuments pursuant to Section 30 (5) of the Act;
(f) details of the measure under Section 32 of the Act;
(g) a decision of the Ministry pursuant to Articles 34 (5) and 39 (4) of the Act, if national cultural monuments are concerned.
(3) The archives shall keep a special register of monuments, which they shall record in the basic register or secondary register. Part of the special register of monuments maintained by archives consists of
(a) a copy of the application for the declaration of archives, archive files or their complete parts as a souvenir;
(b) a copy of the Ministry's decision on the declaration of archives, file files or their integrated parts for the archive cultural monument and, for national cultural monuments, a copy of the Government's decree on the declaration of the archive cultural monument for the national cultural monument;
(c) data pursuant to Article 18 of the Act;
(d) data on the export of monuments pursuant to Article 29 of the Act;
(e) data on security copies pursuant to Article 30 (1) of the Act,
(f) data on the physical status checks of monuments pursuant to § 30 (3) and (4) of the Act;
(g) details of the measure under Articles 30 (5) and 32 of the Law;
(h) the decision of the Ministry pursuant to § 34 (5) and § 39 (4) of the Act, if it concerns national cultural monuments.
(4) Archives, archive files or their complete parts declared as monuments shall be recorded in the basic, secondary and central records on the records to the extent that:
(a) the name of the monument;
(b) the type of monument;
(c) the date of the declaration of the monument;
d) the number under which the monument is kept in the Central List of Cultural Monuments of the Czech Republic.
(5) In the event of the annulment of the declaration of archival cultural monument for the purpose of reassessment of its meaning pursuant to Article 21 (6) of the Act, special records of the archive cultural monument kept by the Ministry shall be included in the file concerning the matter in question. Special records of archive cultural monuments kept by archives shall be transmitted to the Ministry in the case at hand and shall also be included in the file in question.
Procedure and method of removing archives from the records of the National Archive Heritage when reassessing the importance of archives
(1) Archival files containing archives referred to in § 5 (1) and (2) of the Act cannot be excluded from the National Archive Heritage Register because of a reassessment of the importance of archives.
(2) If the archive file, which is not covered by paragraph 1, is no longer of permanent value, the entity which maintains the archive file in the base register shall submit a reasoned proposal to the Ministry to exclude them from the National Archives Register.
(3) The Ministry's decision to exclude the archive file from the National Archive Heritage Register for a reassessment of the importance will be entered in the register on which the archive file was registered in the basic register.
(4) If the disabled archive file is kept in a secondary register, archive or culturally scientific institution that eliminates the archive file, it shall notify the National Archive or the relevant national regional archive in whose secondary record the archive file is kept immediately after the decision on the exclusion of the archive file from the National Archives Register becomes legal.
(5) The record sheet on which the disabled archive file is registered shall be removed from the basic, secondary and central records. The disqualified paper in paper form remains in the file room of the archive or the culturally scientific institution which kept the archive file in the basic register.
Procedure and method of removing archives from the National Archive Heritage Register in the destruction of archives
(1) If the archive file or archival file is destroyed, which does not belong to the care of the archive or cultural scientific institution and which is kept in the primary register of the National Archive or the State Regional Archive, the entity managing the archive file or archival file in the base register shall notify the Ministry of this fact and submit a proposal to remove the archive or archive file from the National Archives Register. The Ministry shall draw up a report on the destruction of the archives or the archive file following an inspection of the archives by the Ministry with the participation of representatives of the relevant archives. The facts set out in the Protocol are the basis for the decision.
(2) If the archive or archive file is destroyed, which belongs to the care of the archive or cultural scientific institution, the relevant archive or cultural scientific institution shall notify the Ministry. Where such archival is kept in secondary records, it shall simultaneously notify the archive which keeps it in secondary records. The Ministry shall draw up a report on the destruction of the archives or the archive file following an inspection of the archives by the Ministry with the participation of representatives of the relevant archives.
(3) The destruction of the archive is also understood to mean damage where the archive lacks properties that must be fulfilled by the archive according to the law. This shall be indicated in the record sheet. If the whole archive file has been damaged, the relevant record sheet shall be removed from the basic, secondary and central records.
Creating, managing and accessing metadata from archival sites
(1) The basic identification of the archive consists of:
(a) the archive identifier assigned by the digital archive, if it is a digital archive;
(b) the name of the archive file;
(c) the period of origin of the archive;
(d) the name or business name of the author of the archive file and, where appropriate, the name or designation of its internal organisational body;
(e) the brief content of the archive,
f) data format of archival and its version, if it is about archival in digital form,
(g) the type and number of registration units;
(h) the size of the registration units in the apartments, if it is about archival in digital form;
(i) an indication that the archives contain commercial, banking or similar secrets or personal data covered by a special protection regime under other legislation2),
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Regulation Information
| Citation | Decree No. 645 / 2004 Coll., implementing certain provisions of the Act on archiving and file service and amending certain laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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