Act No. 88 / 1995 Coll.
Act amending and supplementing Act No. 67 / 1992 Coll., on Military Defence Intelligence, as amended by Act No. 153 / 1994 Coll.
Valid
Law
Effective from 01.06.1995
Text versions:
01.06.1995
29.05.1995
88
THE LAW
of 20 April 1995
amending and supplementing Act No. 67 / 1992 Coll., on Military Defence Intelligence, as amended by Act No. 153 / 1994 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 67 / 1992 Coll., on Military Defence Intelligence, as amended by Act No. 153 / 1994 Coll., is amended as follows:
Article 11 (1) (b) reads as follows:
'(b) means of cover and supporting documents;'
2.
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. ';
3. the following paragraph 3 shall be added to Article 13:
"(3) Military defence intelligence shall be authorised on the basis of a permit issued in accordance with 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. '.
4. In Article 15 (3), the word "six 'is replaced by the word" three' and the words "another six months' are replaced by" three more months'.
5. In Article 16 (3), "Sections 2, 19 to 21 'is replaced by" Sections 19 to 21a'.
6.
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 a record of the means of cover issued and established. "
7. Paragraph 19 (1), including footnote 5, reads:
"(1) Military defence intelligence shall be entitled 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.
5) § 5 (3) of Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic. '.
8. The following Section 21a is inserted after Section 21:
(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. "
9. the following Title Fifth A is inserted after the fourth part, including Notes 6) and 7):
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.
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.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of the Military Defence Intelligence Act, as is apparent from the later provisions.
This Act shall take effect on 1 June 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 88 / 1995 Coll., amending and supplementing Act No. 67 / 1992 Coll., on Military Defence Intelligence, as amended by Act No. 153 / 1994 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1995 |
|---|---|
| Effective from | 01.06.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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