Act No. 81 / 2006 Coll.
Act amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, and other related laws
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Effective from 01.01.2007
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81
THE LAW
of 10 February 2006
amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws
Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. In Section 1, the word "specific 'and the word" persons' are deleted.
2. in Article 2, point (f) is deleted;
Points (g) to (v) shall be renumbered as points (f) to (u).
3. Paragraph 2 (j) reads as follows:
"(j) conformity tests
1. the capability to implement the links of the public administration information system with other information systems through a reference interface; or
2. Long-term management of public administration information systems
with the requirements of this Act and the implementing legislation for this Act; ';
4. In Article 2 (l), the word "official 'is deleted.
5. In Article 2 (m), the words "who are entrepreneurs," shall be inserted after the word "person."
6. in Article 2 (n), the words "telecommunications equipment (for example via the Internet)" are replaced by the words "electronic communications networks or services (for example, using the Internet)."
7. In Section 2, the words "and communication with it 'shall be added at the end of the text (q).
8. In Article 2, at the end of the text of point (u), the dot is replaced by a semicolon and the following points (v) to (x) are added:
"(v) the conditions of competition issued by the testing centre, including, in particular, the definition of the subject-matter and the procedures of the testing centre in carrying out the tests approved by the Ministry of Informatics (hereinafter referred to as the Ministry);
(w) the accreditation procedure whereby a certificate is issued that legal or natural persons who are entrepreneurs fulfil, to the extent specified, the technical, organisational, economic and personnel conditions for carrying out attestations;
(x) operational documentation of the public administration information system which describes the functional and technical characteristics of the information system. ';
9. In Paragraph 3 (2), the words ", authorities of the local authorities and other State bodies' are replaced by the words" and local authorities'.
10. in Article 3 (3) (b), the words "prevention and detection of criminal activity (3)" shall be replaced by the words "performance of its tasks (3)";
Footnote 3:
"3) § 42d of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended by Act No. 60 / 2001 Coll. '
11. in Article 3 (3), the following points (c) and (d) are inserted after point (b), including footnotes 3a to 3c:
"(c) law enforcement authorities in connection with criminal proceedings (3a), with the exception of the register of criminal offences (3b);
d) Police of the Czech Republic and the Prison Service of the Czech Republic in providing special protection and assistance to vulnerable persons under special legislation 3c),
3a) Paragraph 12 (1) of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code).
3b) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll.
3c) Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and amending Act No. 99 / 1963 Coll., Civil Code, as amended. '
Points (c) to (e) shall be renumbered as points (e) to (g).
12. in Article 3 (3) (e), the words "financially analytical" shall be deleted and the word "legislation4" shall be replaced by "legislation on combating the legalisation of proceeds from crime or specific legislation on the implementation of international sanctions in order to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism."
13. in Article 3 (3) (f) and (g), including footnotes 5 and 6:
"(f) the National Security Office, the Intelligence Service or the Ministry of the Interior in carrying out security proceedings and keeping records in accordance with the Special Act (5);
(g) under the responsibility of the Ministry of Defence, in activities carried out under special legislation6),
5) Act No. 412 / 2005 Coll., on the protection of classified information and on security competence.
6) Act No. 218 / 1999 Coll., on the scope of the defence obligation and on Military Administrative Offices (Defence Act), as amended. Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended. Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve, as amended by Act No. 128 / 2002 Coll. Act No. 221 / 1999 Coll., on professional soldiers, as amended. Act No. 222 / 1999 Coll., on the Protection of the Czech Republic, as amended by Act No. 320 / 2002 Coll. '
14. in Article 3 (3), the following points (h) to (j) are added:
"(h) by the Ministry of the Interior, the Ministry of Finance and the Ministry of Justice in the processing of personal data of members of the Security Corps pursuant to special legislation (6a);
(i) the administrative and local authorities responsible for the delegated tasks of the State's defence-related activities under the special legislature6b);
(j) public authorities and legal persons, provided that they are used exclusively to promote crisis management (6c).
6a) Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended by Act No. 186 / 2004 Coll.
6b) Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended.
6c) § 26 of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act), as amended by Act No. 320 / 2002 Coll. '
15. in Article 3 (4), the text "(b) to (j)" shall be inserted after the number "3."
16. In Article 3, at the end of paragraph 5, the words "except for the links of operational information systems to public administration information systems' shall be added.
17. in Article 3 (8), the words "comply with mandatory standards," shall be deleted;
18. in Article 4 (1) of the introductory part of the provision, the words "informatics (hereinafter referred to as" the Ministry ")" shall be deleted;
19. in Paragraph 4 (1), the following point (e) is inserted after point (d):
"(e) express its views on the proposals for programmes containing the acquisition, renewal and operation of information and communication technologies drawn up under the Specific Legislation 7a). In particular, the Ministry shall take into account the legitimate interests of the programme documentation promoter and the need to ensure the proper performance of the public administration,
7a) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended. '
Points (e) to (k) shall be renumbered as points (f) to (l).
20. in Article 4 (1) (f), the word "standards" is replaced by the words "methodological guidelines for the performance of professional activities related to the creation, development and use of public administration information systems."
21. Paragraph 4 (1) shall be added at the end of the text in point (g) "and shall provide for technical and functional requirements for the implementation of links between information systems through a reference interface."
22. in Article 4 (1) (h), the words "publicly available" shall be replaced by "public."
23. in Article 4 (1) (i), the words "publicly available" shall be replaced by the words "public" and, at the end of the text of point (i), the words "proclaims data elements through it, and shall lay down the form and technical details of the transmission of data to it by implementing legislation."
24. in Article 4 (2) (b) and (c):
"(b) comments on the investment intentions of the actions of acquisition, restoration and operation of information and communication technologies, the registration of which in the Information System of the financing of the reproduction of assets, the award of their implementation and the amendment of their mandatory parameters shall be carried out only with the approval of the Ministry of Finance under the special legislature7a). In particular, the Ministry shall take into account the legitimate interests of the promoter of investment projects and actions and the need to ensure the proper performance of the public administration;
(c) exercise the powers laid down by this law in the field of accreditation and attestations; ';
25. in Article 4 (2), point (d) is deleted;
Points (e) to (j) shall be renumbered (d) to (i).
26. in Article 4 (2), the words "and the rules on the entry of data elements into the information system on data elements shall be added at the end of the text of point (d). The procedures of the Ministry and the public authorities for the management and entry of data elements in the information system on data elements, including those of the Ministry for the declaration of data elements, shall be laid down in the implementing legislation '.
27. in Article 4 (2), point (e) is deleted;
Points (f) to (i) shall be renumbered as points (e) to (h).
28. in Article 4 (2) (e):
"(e) impose penalties for administrative offences pursuant to Article 7;"
29. in Article 4 (2) (g), the words "and their financial requirements" shall be deleted;
30. in Paragraph 4 (2) (h):
"(h) the Bulletin publishes methodological guidance [paragraph 1 (f)], the list of test centres, the certification of accreditation and the award of tests and other documents relating to public administration information systems. The Ministry shall ensure the publication of the Bulletin through the Public Administration Portal; ';
31. in Article 4 (2), the following point (i) is added:
"(i) consult, in particular, the proposals for methodological guidance in the form of a public consultation aimed at obtaining opinions and comments from the parties concerned on the proposal in question and, to that end, establish and manage an information system where it publishes the proposals for methodological guidance in a way that allows remote access, allows comments to be made and publishes the outcome of the consultation.";
32. in Article 5 (2), points (a) to (d) are deleted;
Points (e) to (j) shall be renumbered as points (a) to (f).
33.In Article 5 (2) (a), "2" is replaced by "1" and "3" is replaced by "2."
34. in Article 5 (2), the following point (b) is inserted after point (a), including footnote 8a:
"(b) submit to the Ministry for expression draft documentation of programmes containing the acquisition, renewal and operation of information and communication technologies developed under the Special Legislation (7a) and investment intentions of actions for the acquisition, renewal and operation of information and communication technologies whose registration in the Information System for the financing of the reproduction of assets, the award of their implementation and the amendment of their binding parameters shall be carried out only with the approval of the Ministry of Finance under the Special Legislation (7a). The formalities for documentation on programmes and investment projects shall be laid down in specific legislation8a);
8a) Decree No 231 / 2005 Coll., on the participation of the State Budget in the financing of the acquisition and reproduction programmes, as amended by Decree No 269 / 2005 Coll. '.
Points (b) to (f) shall be renumbered as points (c) to (g).
35. in Article 5 (2) (c), the words "publish code lists of data elements" are replaced by the words "publish code lists" and at the end of the text in point (c), the words "transmit data to the Ministry in the information system on data elements in electronic form, in form and with the technical specifications laid down in the implementing legislation" shall be added.
36. in Article 5 (2) (d):
"(d) ensure that the links of the information system operated by them to the information systems of another operator are implemented through a reference interface using data elements declared by the Ministry and maintained in the information system on data elements. The eligibility of the information system for the implementation of these links must be demonstrated by the test. This provision shall not apply to links between the information systems operated by them and those managed by the intelligence services; ';
37. in Article 5 (2) (e), the word "publish" shall be replaced by the words "make available to the Ministry in electronic form, in the form and with the technical requirements laid down in the implementing legislation," after the word "elements," the words "for publication in the information system referred to in Articles 4 (1) (h) and (i)," and the words "including in a way that allows remote access" shall be deleted.
38. in Article 5 (2) (f):
"(f) to proceed with the publication of information in a way that allows remote access so that the information related to the performance of public administration is published in a form that allows the information to be made available to the extent necessary to persons with disabilities. The form of disclosure of information shall be laid down in the implementing legislation; ';
39. In Article 5, the following paragraph 3 is added:
"(3) The central administrative authorities shall publish bulletins published in their respective competence on the public administration portal."
40. After Article 5, the following Sections 5a to 5c are inserted:
Long-term management of public administration information systems
(1) Public authorities create and publish an information concept, apply it in practice and evaluate compliance with it. In the information concept, public authorities shall set out their long-term objectives in the field of management of the quality and safety of managed public administration information systems and shall define the general principles for the acquisition, creation and operation of public administration information systems. The content and structure of the information concept, as well as the procedures of the public authorities in establishing, issuing and evaluating its compliance and the requirements for the management of the safety and quality of public administration information systems shall be laid down in implementing legislation.
(2) Based on the published information concept, public authorities create and issue operational documentation on individual public administration information systems, apply it in practice and evaluate compliance with it. The content and structure of the operational documentation shall be laid down in the implementing legislation.
(3) Public authorities shall ensure that long-term management of public administration information systems is carried out and shall demonstrate compliance with the obligations under paragraphs 1 and 2 with the long-term management of public administration information systems. The scope of the operational documentation submitted at the procedure shall be laid down in the implementing legislation. The obligation under the first sentence shall not apply to municipalities which exercise the delegated powers only within the basic range 9a).
Security of public administration information systems
(1) Public administrations ensure the security of public administration information systems within the scope of the implementing legislation. The implementing act shall also lay down minimum safety requirements to ensure the confidentiality, integrity and availability of the information processed.
(2) Public authorities are responsible for the selection and implementation of adequate security measures to meet minimum safety requirements.
Control of compliance with public authorities' obligations
(1) If the Ministry finds deficiencies with a public authority in the control provided for in Article 4 (2) (a), it shall require the public authority to take measures to remedy those deficiencies.
(2) In the call referred to in paragraph 1, the Ministry shall specify the deficiencies identified and lay down the measures to be taken by the public authority to remedy those deficiencies and shall set a reasonable time for the public authority to take such measures. This period shall not exceed 6 months.
9a) § 61 (1) (a) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended. '
Article 41 (6), including the title, reads:
Authorisation to carry out accreditation
(1) Accreditation shall be carried out by a legal person who is a member of an international accreditation association designated by the Ministry pursuant to paragraph 6 and who has been entrusted with the accreditation decision of the Ministry of Accreditation (hereinafter referred to as the "Accreditation Person") following a request for accreditation. The accreditation authority shall not be transferable.
(2) The applicant shall attach to the application for delegation of a legal person to carry out accreditation:
(a) the founding document;
(b) proof of material, personnel and organisational assumptions for the activity of the accreditation person;
(c) proof of membership of international associations dealing with accreditation and designated by the Ministry pursuant to paragraph 6 and the manner and extent of compliance with membership obligations;
(d) proof of the means needed to carry out the activities of the accreditation body;
(e) the conditions and procedures for the assessment of accreditation applicants (hereinafter referred to as "accreditation rules") which must comply with the rules of international accreditation associations designated by the Ministry pursuant to paragraph 6.
(3) If the applicant complies with all the conditions laid down in this Act for the authorisation to carry out accreditation, the Ministry shall issue a decision authorising it to carry out the accreditation. Otherwise, it shall reject the application for accreditation. In the decision by which the Ministry entrusts the Accreditation Person with carrying out the Accreditation, the Ministry shall give its approval to the Accreditation Rules.
(4) The Accrediting Person shall:
(a) proceed with the implementation of accreditation in accordance with the accreditation rules with which the Ministry has given its consent;
(b) fulfil the obligations arising from membership of international associations dealing with accreditation designated by the Ministry pursuant to paragraph 6;
(c) have the resources necessary to carry out their activities,
(d) to provide personnel with their activities by persons with the expertise, experience and qualifications necessary for carrying out accreditation and familiar with the accreditation rules;
(e) to act impartially and unbiased during the accreditation process, in particular to refrain from anything that might jeopardise confidence in its impartiality;
(f) notify the Ministry without delay that it is unable to fulfil the obligations referred to in (c) for more than 3 months.
(5) If the accredited person fails to fulfil the obligations laid down in this Act, and
(a) has been fined by the Ministry in the previous calendar year at least twice in accordance with Section 7; or
(b) the infringement of the law is so serious that it is no longer possible to expect a correction of the malfunctioning and proper performance of the duties of the accredited person;
the Ministry decides to withdraw the accreditation mandate. The Ministry shall always decide to withdraw the accreditation mandate if the accredited person so requests in writing.
(6) The list of designated international accreditation associations, the decision to delegate the accreditation body and the decision to withdraw the accreditation mandate shall be published by the Ministry in the Bulletin.
(7) The Ministry shall supervise the Accreditation Person in carrying out the obligations under this Act. Surveillance shall be carried out in accordance with the Special Testament (8). ';
42. The following Sections 6a to 6e are inserted after Section 6, including the headings and footnotes 10 and 11:
Accreditation certificate
(1) Accreditation shall be initiated at the request of a legal or natural person if they are entrepreneurs. Accreditation shall be made for consideration. The price is negotiated according to a special legislation10).
(2) On the basis of the accreditation carried out, the Accreditation Person shall issue an Accreditation Certificate if the Accreditation Accreditation Applicant is authorised to conduct an accreditation business and meets the conditions of the Accreditation Rules. The accreditation certificate shall define the subject matter, scope and conditions of the security of the assumptions according to the first sentence and the period for which it was issued.
(3) The Accreditation Person shall provide the Ministry, in electronic form, with information on the accreditation certificate issued within 7 working days of its issue.
(4) The Accreditation Person shall supervise compliance with the conditions in the accreditation rules with the attestations centres. If they find deficiencies in their performance, depending on the seriousness of the deficiencies in accordance with the accreditation rules, they shall withdraw the accreditation certificate. The accredited person shall immediately communicate this fact to the Ministry in electronic form.
Authorisation to carry out tests
(1) Attestation shall be carried out by the attestations centre referred to in Article 2 (o), which, following an application for authorisation to carry out attestations, has been authorised by the Ministry to carry out attestations.
(2) The Ministry shall issue a decision on the delegation of the attestations centre for the implementation of the attestations if it submits to the request for delegation for the implementation of the tests
(a) a proposal for the conditions of attestations containing the elements referred to in Article 2 (v);
(b) the accreditation certificate referred to in Article 6a; and
(c) confirmation by the competent authorities that it does not have a due arrears for public health insurance premiums, social security premiums, contributions to state employment policy and does not have tax arrears recorded in the tax records.
(3) In the mandate for the implementation of attestations, the Ministry shall determine the period for which the delegation is granted and approve the procedures of the attest centre for the implementation of attestations contained in the attestations submitted by the applicant for the authorisation for the implementation of attestations.
(4) The authorisation to carry out the tests cannot be transferred to another person without the consent of the Ministry. The authorisation to carry out the tests shall be granted for a maximum period of 5 years.
(1) The Ministry shall withdraw the authorisation to carry out the tests if the testing centre:
(a) the accreditation certificate on the basis of which the authorisation to carry out the tests has been granted has ceased;
(b) the authorisation to conduct business under which it was authorised to do business in the field of tests has ceased;
(c) fails to comply with the obligations laid down by this law, does not comply with the conditions of the procedure, or does not comply with the provisions of the implementing legislation of that law, although the possibility of withdrawal of the authorisation for the performance of the tests was, for these reasons, notified by the Ministry in writing and the remedy was not dealt with within a reasonable period set by the Ministry; or
(d) it has not submitted to the Ministry, within the prescribed time limit, the amended version of the test conditions referred to in paragraph 4.
(2) The Ministry shall withdraw the authorisation to carry out the tests if the attestation centre so requests in writing.
(3) The Ministry may, on its own initiative, repeal the decision approving the procedures of the testing centre under Paragraph 6b (3),
(a) if the operation of public administration information systems is threatened or reduced;
(b) if necessary to comply with the international treaties by which the Czech Republic is bound.
(4) If the Ministry withdraws the decision to approve the procedures of the attestations, it shall inform the attestations centre of the reasons for the revocation of the decision and invite it to submit within a reasonable time to the Ministry the modified version of the attestations to approve the procedures of the attestations.
(5) The Ministry approves the procedures of the testing centre in carrying out the tests if the testing centre submits a draft of their new version.
Implementation of tests
(1) Attestation centres are obliged to:
(a) proceed in accordance with the test conditions; and
(b) to carry out an assessment of the long-term management of information systems of public administration and competence to implement the links of information systems of public administration with other information systems through a reference interface in accordance with this Act and by delegation to the procedures laid down in the implementing legislation.
(2) The Attestation Centre is not authorised to carry out the long-term management of public administration information systems and the ability to carry out the links of public administration information systems with other information systems through a reference interface, the development, preparation, production or trade of which has been involved in any way by itself or by an economically or staffed person, where:
(a) economically or professionally linked persons shall be understood for the purposes of this Act if one person participates, directly or indirectly, in the management, control or property of the other person, or if the same legal or natural person directly or indirectly participates in the management, control or wealth of both persons or of a natural person close to11);
(b) participation in control or capital shall mean, for the purposes of this Act, any share of the capital or of the voting right.
(3) The attestation centre shall carry out the tests on the basis of a contract concluded with the applicant for an attestation for consideration. The price is negotiated according to a special legislation10).
(4) The attestation centre shall issue a test report to the applicant for the attestation within 7 working days of the date of completion of the test. The testing centre shall issue a positive result to the applicant and test. The test shall include the conditions of validity of the test.
(5) The test is issued for a maximum period of 5 years.
(6) At the request of the holder of the test, the testing centre which issued the test may extend its validity by 2 years, including repeatedly, before the expiry of the test. Both the applicant and the testing centre shall follow the same procedure as in the performance of the tests when extending the validity and test.
(7) The Attestation Centre shall, in electronic form, transmit to the Ministry, by means of an automated reporting process accessible by remote access, at an electronic address published by the Ministry in the Bulletin, information on the attestations carried out within 7 working days of the date of implementation. The Ministry will publish the information on the issue and test in the Bulletin.
(8) In carrying out the obligations under this Act, supervision of the testing centres is exercised by the Ministry. Surveillance shall be carried out in accordance with the Special Testament (8).
Conclusion of the attestations contract
(1) The attestations centre shall publish the conditions for attestations, any modification thereof, the withdrawal of the attestations (Sections 6c (1) and (2)), or the revocation of the decision approving the procedures of the attestations centre (Section 6c (3)) in its establishment and in a manner which allows remote access within 7 working days of the relevant decision of the Ministry.
(2) The testing centre shall propose the conclusion of a contract and the performance of an attestation to any person who invites him to conclude a contract in accordance with published conditions.
(3) Derogations from the test conditions can only be negotiated on a case-by-case basis if the test conditions allow this and if such changes do not alter the nature of the test service offered.
(4) The testing centre shall not be required to propose the conclusion of an attestation contract if its contents are also to be derogations from the conditions of the test referred to in paragraph 3.
10) Act No. 526 / 1990 Coll., on Prices, as amended.
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Regulation Information
| Citation | Act No. 81 / 2006 Coll., amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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