Act No. 67 / 1992 Coll.
Military Defence Intelligence Act
Valid
Effective from 28.02.1992
67
THE LAW
of 29 January 1992
on Military Defence Intelligence
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
ARRANGEMENTS OF MILITARY Defence REPORTING, OBLIGATIONS AND AUTHORITIES
Military Defence Intelligence tasks shall be performed by Military Defence Intelligence officers, who are in the service of a soldier from the profession. 3)
Military Defence Intelligence officers shall have the following duties and privileges in the performance of their duties:
(a) to ensure the honour, seriousness and dignity of persons and that no person is harmed or harmed without legal justification in relation to their activities;
(b) to prove their affiliation to Military Defence Intelligence by means of a service pass with the registration number and the oral declaration "Military Defence Intelligence,"
(c) to obtain the necessary information, no one may be forced to submit the information;
(d) carry a firearm and use it within the meaning of special regulations.4)
PERSONS WORKING WITH, AND USE OF MILITARY Defence REPORTING, REPORTING INSTRUMENTS
Persons acting for Military Defence Intelligence
(1) In its field of competence, Military Defence Intelligence is entitled to use persons acting for its benefit.
(2) For the purposes of this Act, a person acting in favour of Military Defence Intelligence shall mean a natural person over 18 who, in a voluntary and secret manner, provides services to Military Defence Intelligence in the performance of its tasks.
(3) Military defence intelligence shall ensure the protection of persons acting for his or her benefit against disclosure or damage to honor, life or health.
(4) Military defence intelligence may only keep records of persons acting for the benefit of Military Defence Intelligence for the duration of the tasks; data from this record must be destroyed after the tasks have been carried out.
Reporting agents
(1) In its field of competence, Military Defence Intelligence is entitled to use intelligence means of:
(a) intelligence technology;
(b) cover and cover documents;
(c) monitoring.
(2) Military defence intelligence is required to ensure the protection of the means of intelligence referred to in paragraph 1 (a) and (b) against disclosure, misuse, damage or destruction and the means of intelligence referred to in paragraph 1 (b). (c) prior to disclosure or misuse.
Intelligence and authorisation for its use
For the purposes of this Act, reporting technology shall mean technical means and equipment, in particular electronic, phototech, chemical, physico-chemical, radiotech, optical, mechanical, or their files, used in a classified manner in:
(a) the search, opening and examination of consignments carried and their evaluation;
(b) eavesdropping and, where appropriate, recording of telecommunications, radio communications and other similar operations;
(c) the making of visual, audible or other records where their acquisition or use interferes with the fundamental rights and freedoms of citizens;
(d) seeking the use of technical means which could make it impossible or difficult to carry out tasks within the scope of Military Defence Intelligence, if they interfere with the fundamental rights and freedoms of citizens;
(e) the identification of persons or objects, where appropriate in the detection of their movements by means of means of security and risk management techniques, where they interfere with the fundamental rights and freedoms of citizens.
(1) Intelligence may only be used by the Military Defence Intelligence in its field of competence on the basis of a prior written authorisation for the use of intelligence technology (hereinafter referred to as "authorisation") issued by the Supreme Court, only where the detection and documentation of the activities for which it is to be used is otherwise ineffective or substantially difficult.
(2) The use of intelligence may limit the integrity of homes, letters and messages to the extent strictly necessary.
(3) Military Defence Intelligence shall be authorised, on the basis of a permit issued pursuant to paragraph 1, to request technical security of use of intelligence equipment for own use from the Police of the Czech Republic and the Security Information Service.
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, instead of its use, the proposed duration of its use, the particulars of the person to whom the intelligence technology is to be used, if its identity is known, and the telephone number of the telephone station if it is to be recorded in a phonogram;
(b) information on previous inefficient or significantly difficult detection and documentation of the activity for which the use of intelligence is required;
(c) information on any prior requirement to use intelligence in relation to the person referred to in (a), including a decision by the competent Supreme Court on that requirement;
(d) reasons for using intelligence.
(1) The President of the Chamber of the Supreme Court shall be authorised.
(2) The authorisation shall contain a justification and shall specify the type of intelligence which may be used, the place of use, the duration of its use, the particulars of the person to which the intelligence may be used, if its identity is known, and the telephone number of the telephone station if it may be recorded.
(3) The President of the Chamber of the Supreme Court shall determine the duration of the use of intelligence for a maximum period of three months; it may extend that period on the basis of a new request, but not more than three months each time. In such a case, paragraphs 13 and 14 shall apply mutatis mutandis.
(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) It shall inform the President of the Chamber of the Supreme Court who has issued the authorisation of the termination of the use of intelligence.
(3) Information obtained through the use of intelligence technology under this Act can only be used in accordance with Sections 19 to 21a.
Covers and cover documents
(1) Covering equipment and cover documents serve to conceal the true identity of a military intelligence officer or his or her jurisdiction in Military Defence Intelligence or to conceal the actual interests or objects of Military Defence Intelligence, if such secrecy is necessary for the performance of military intelligence tasks.
(2) The cover document must not include the identification of the President of the Republic, the Member or Senator of Parliament, a member of the Government, a member of the Supreme Audit Office or the Governor of the Czech National Bank, and the service card of a prosecutor or judge, a diplomatic passport or documents of living persons.
(3) The Director of Military Defence Intelligence shall decide on the issue or establishment of means of cover and documents. Upon request, the Ministry of Defence or the Security Information Service shall issue or establish cover and cover documents. Where the cover document is a passport of a member of another intelligence service, it shall be issued only with the consent of that service.
(4) Military defence intelligence shall keep records of means of cover issued and established.
Monitoring
The Minister of Defence shall decide on the use of military intelligence monitoring to carry out tasks in his field of competence on a proposal from the Director of Military Defence Intelligence.
IMPLEMENTATION OF PERSONS
(1) Military defence intelligence is authorised to store, store and use data on natural and legal persons in its records if:
(a) there are substantiated suspicions of the projects or activities on which it provides information within its competence;
(b) it is necessary to identify and evaluate the projects or activities on which it provides information within its competence;
(c) this is necessary to carry out other tasks provided for by a special law or international treaty to which the Czech Republic is bound.
(2) Data on the behaviour of minors under the age of 15 may not be entered in the register. Data on the behaviour of minors older than 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 authorities authorised under the specific regulation has access to them, unless, after the completion of the maturity of those persons, the Military Defence Intelligence in its field of competence has acquired further knowledge.
(3) All data held in the Military Defence Intelligence Records, which are subsequently found to have been obtained illegally or to be false, shall be stored in such a way that no one has access to them except for the authorities authorised under a specific regulation.
Where data on persons kept in the Military Defence Intelligence Records are no longer necessary for the performance of the Military Defence Intelligence tasks or where there is any other legal reason for doing so, the Military Defence Intelligence shall store such data in a way that prevents everyone, except the authorities authorised under the Special Code, from accessing such data.
Military defence intelligence shall ensure the protection of data contained in the records of persons against disclosure, misuse, damage or destruction.
(1) Military defence intelligence does not disclose the fact of keeping records of natural and legal persons or their contents.
(2) Military defence intelligence may pool information and information systems and gather information under cover for other purposes or activities.
RELATIONS OF MILITARY Defence REPORTING TO STATE AUTHORITIES
CONTROL OF THE ACTIVITIES OF MILITARY PROTECTION REPORTING AND OBLIGATIONS TO REMAIN MILCIENCIVITY
(1) The Chamber of Deputies shall carry out checks on the activities of the Military Defence Intelligence, which shall establish a specific control body for this purpose, hereinafter referred to as the control authority.
(2) The inspection body is composed of seven members. Only a Member of the Chamber of Deputies 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 an appropriately specific regulation.6)
(1) The members of the supervisory authority may enter into the Military Defence Intelligence Objects, accompanied by the Director of Military Defence Intelligence or an authorised member of Military Defence Intelligence.
(2) The Director of Military Defence Intelligence shall submit to the Supervisory Body:
(a) the Military Defence Intelligence Statute;
(b) draft military defence intelligence budget,
(c) written assignment of tasks imposed by the Government or the President of the Republic, 7)
(d) the documents needed to check the implementation of the Military Defence Intelligence budget;
(e) internal rules.
(3) The Director of Military Defence Intelligence shall, upon request, submit to the supervisory authority:
(a) report on military intelligence activities, 7)
(b) a report on the use of intelligence resources only in cases and cases in which the Military Defence Intelligence has ceased its activities;
(c) summary information containing the focus and number of cases and cases in which military intelligence is active; in information, distinguish cases and things according to a special law. 7)
(4) The supervisory authority shall not be authorised to interfere with the personnel powers of the managers of the Military Defence Intelligence and to replace their management activities.
(1) If the supervisory authority considers that military intelligence is illegally restricting or harming the rights and freedoms of citizens, it is entitled to request the necessary clarification from the Director of Military Defence Intelligence.
(2) Any violation of the law by members of the Military Defence Intelligence Agency identified by the Supervisory Authority in its activities is required to notify the Director of Military Defence Intelligence and the Supreme Prosecutor.
The obligation to maintain confidentiality imposed on members of the supervisory authority under the law does not apply to cases where the supervisory authority gives notice to Parliament's Chamber of Deputies. 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.
PROVISIONS COMMON AND FINAL
(1) Members of the Military Defence Intelligence Service and anyone carrying out tasks under this Act are required to maintain confidentiality regarding the facts they have encountered in or in connection with the Military Defence Intelligence tasks.
(2) At the request of the law enforcement authorities, the Defence Minister may waive the necessary confidentiality of the persons referred to in paragraph 1.
(3) The provisions of paragraphs 1 and 2 are without prejudice to the law on the protection of classified information. 7a)
Efficacy
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
3) Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended.
4) § 13 and 14 of Act No. 140 / 1961 Coll. § 34 of Act No. 228 / 1991 Coll., amending and supplementing Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended.
5) Article 5 (3) of Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic.
6) Act No. 35 / 1989 Coll., on Rules of Procedure of the Czech National Council, as amended.
7) § 5 et seq. of Act No. 153 / 1994 Coll.
7a) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws.
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Regulation Information
| Citation | Act No. 67 / 1992 Coll., on Military Defence Intelligence |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1992 |
|---|---|
| Effective from | 28.02.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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