Decree No. 88 / 2011 Coll.
Order on technical conditions and procedure for obtaining biometric data and signing a stranger for the purpose of issuing a residence permit
Valid
Effective from 01.05.2011
88
DECLARATION
of 28 March 2011
on the technical conditions and procedure for obtaining biometric data and signing a stranger for the purpose of issuing a residence permit
The Ministry of Interior provides for Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, as amended by Act No. 427 / 2010 Coll., and pursuant to Act No. 182 (1) (g) and (h) of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 427 / 2010 Coll.:
Subject matter
(1) This decree regulates the technical conditions and procedure for the acquisition of biometric data contained in the data medium of a certificate of residence of a stranger who has been granted permanent or long-term residence in the territory of the Czech Republic, an asylum seeker or a beneficiary of supplementary protection ("alien '), including the procedure for the acquisition of biometric data in persons with unusual anatomical or physiological preconditions for the acquisition of facial images or the acquisition of fingerprints on right and left hands.
(2) The order also provides for:
(a) the technical conditions and procedure for obtaining the signature of the alien and the manner in which that signature is made;
(b) the conditions for the processing of the data processing protocol necessary for the issue of a residence permit containing a biometric data carrier (2) (hereinafter referred to as the "Protocol") and its model.
Processing of biometric data
For the purposes of issuing a residence permit containing a biometric data carrier, the biometric data of a stranger shall be obtained by scanning the appearance of the face and fingerprints of a stranger using digital technology.
Acquisition of facial image data
(1) When entering facial image data, the face of a stranger is scanned in the front frontal view so that the central vertical plane of the face is an extension of the vertical plane of the digital camera lens and the horizontal plane of the face formed by the eyes is an extension of the horizontal plane of the digital camera lens and the view of the alien is directed to the digital camera lens. Aliens may only be allowed to wear dark glass glasses when viewing their faces if they are blind, and headgear only if they are used for health or religious reasons, while the headgear must not be covered in the face in such a way as to make identification of a stranger impossible or difficult. The face display shall meet the technical parameters according to the directly applicable European Union3).
(2) When taking facial image data, the face of a stranger is scanned in such a way as to capture the neutral expression of the face and closed mouth, the eyes must be open and the hair must not be covered.
(3) An indication of the appearance of a stranger's face shall be processed into the data medium of the residence card even if it does not correspond to the requirements of paragraph 1 or 2, due to the unusual anatomical or physiological assumptions of the alien.
Taking fingerprint data
(1) A flat fingerprint ("imprint ') of one finger shall be taken from each hand of a stranger; fingerprints taken shall comply with technical parameters in accordance with the directly applicable European Union Regulation (3). First, the imprint of the right hand index finger is taken. If the required quality of the index finger imprint is not achieved, if the finger is injured or shows the consequences of the injury, the imprint of the middle finger, ring finger or thumb of the right hand shall be taken gradually until the imprint meets the required quality. In the event that none of the fingerprints of the right hand reaches the required quality, a fingerprint shall be selected, which shall have the best scoring set for a fingerprint of lower quality. The same procedure is applied to the left hand.
(2) After having obtained the fingerprints referred to in paragraph 1, verification of the accuracy of their processing shall be carried out by means of a technical device which compares those fingerprints taken with the fingerprints of the same alien currently displayed by the scanning device and which shall assess their conformity.
(3) If the anatomical or physiological assumptions do not allow a stranger to obtain a fingerprint from one hand, only one fingerprint shall be taken from the other hand.
(4) Where, for the reasons set out in paragraph 3, no fingerprint can be obtained from either hand of a stranger, fingerprints shall not be taken.
(5) A record of the fingerprints of which the right and left hand have been taken, or, where appropriate, the reasons for not having received fingerprints or the acquisition of fingerprints other than the right and left hand index finger shall be made in the record.
(6) The data carrier of the residence permit shall keep a record of which finger the alien has been processed in the data carrier, including the quality of the fingerprint. If it is not possible to obtain a fingerprint of any hand of a stranger, a record of this fact shall be kept in the data carrier.
Purchase of signature
(1) The signature of the alien for the issue of a residence permit shall be made by means of a scanning device enabling its simultaneous automatic digital processing. The alien shall sign with his own hand within the indicated field of the protocol in paper form which overlaps the active zone of the sensing device.
(2) In the event that the acquisition of the signature is hampered by a difficult obstacle on the part of the alien, a record shall be made of this fact in the record indicating the particular reason for the non-receipt of the signature.
(3) The alien is signed in a manner which complies with the general requirements of his own hand signature as a natural person identification mark and which is repeatedly used as his authentication mark; the signature is made by letters of the Latin alphabet only in cases where the alien is thus also signed in his travel document or other identification document which he has submitted for verification of his identity.
Protocol
(1) The Protocol shall be drawn up in electronic and paper form. The model of the Protocol is set out in the Annex to this Order.
(2) The accuracy of the data which have been processed in the protocol by the alien information system or information systems maintained under the Asylum Act shall be verified by the alien prior to the acquisition of biometric data in order to identify the documents submitted.
(3) Biometric data taken in accordance with Sections 3 and 4, a record of the fingerprint from which the fingerprint was taken, or a record of the imprint not being taken, and a digital signature processing shall be used for the creation of a data file, which shall be sealed by a security code and shall be attached to the protocol in electronic form intended for the production of a residence permit (hereinafter referred to as the "production protocol").
(4) The biometric facial display data obtained shall also be used to process the protocol in paper form in which it is displayed as a facial image control printing.
(5) The alien, by his signature annexed to the Protocol in paper form, confirms the accuracy and completeness of the data which he has verified, processed in the Protocol and the accuracy of the facial image printing and gives his consent to further use of the digital processing of his signature for the production of a residence permit; consent according to the sentence of the first alien shall be given by visual inspection of the digital signature processing on the technical equipment screen. If the connection of the signature verifying the correctness and completeness of the protocol is hampered by a difficult obstacle on the part of the alien, a record of the alien's consent with the accuracy and completeness of the protocol shall be made in the log.
(6) The paper-based protocol shall be signed by the person responsible for processing the protocol and an official stamp, after verifying the accuracy of the data processed therein by the alien and by the alien's statement on the conditions for further processing of the data contained in the protocol.
(7) When the alien confirms the accuracy and completeness of the protocol's processing and, where appropriate, the record referred to in paragraph 5, the protocol intended for production shall be endorsed with a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (4) of the person responsible for processing the protocol.
Technical conditions for processing the protocol
(1) The security code referred to in Article 6 (3) is automatically created by the electronic protocol processing system in a way that guarantees the security, authenticity and integrity of the biometric data acquired during their transmission and further processing in the manufacture of a residence permit. The electronic protocol processing system means the source processing part of the operational information systems in which data are kept for issuing residence permits under other legislation5).
(2) The digital protocol processing system in electronic form must not communicate with any information systems or other electronic media, where appropriate, except for the information system of aliens (6) and operational information systems in which data are kept for issuing residence permits under other legislation5); This shall be without prejudice to the safe transmission of the protocol intended for production to the manufacturer of the residence permit.
Conditions for verification of biometric data
The verification of the accuracy of biometric data in the biometric data medium for the purpose of issuing a residence permit shall be carried out in a manner that excludes any other, albeit non-systematic, operation with such data, in particular collection, storage on information media, disclosure, modification or modification, use, transmission, dissemination, publication, retention, exchange or combination; Article 4 (2) shall apply mutatis mutandis to the verification of the accuracy of fingerprints.
Efficacy
This Decree shall take effect on 1 May 2011.
Minister:
John v. r.
Annex to Decree No 88 / 2011 Coll.
PROTOCOL MODEL
1) Council Regulation (EC) No 1030 / 2002 establishing a uniform format for residence permits for third-country nationals, as amended by Council Regulation (EC) No 380 / 2008.
2) § 59 paragraph 4 of Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended by Act No. 427 / 2010 Coll. § 117a § 4 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 427 / 2010 Coll.
3) Commission Decision 2009 / 3770 / EC adapting the technical specifications for the uniform model residence permit for third-country nationals, as amended by Commission Decision 2011 / 5478 / EU and Commission Decision 2013 / 6178 / EU.
4) Article 11 of Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Act on Electronic Signature), as amended by Act No. 226 / 2002 Coll., Act No. 440 / 2004 Coll., Act No. 101 / 2010 Coll. and Act No. 424 / 2010 Coll.
5) § 158a (4) of Act No. 326 / 1999 Coll., as amended by Act No. 427 / 2010 Coll. § 71 (11) of Act No. 325 / 1999 Coll., as amended by Act No. 427 / 2010 Coll.
6) § 158 (1) of Act No. 326 / 1999 Coll.
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Regulation Information
| Citation | Decree No. 88 / 2011 Coll., on the technical conditions and procedure for obtaining biometric data and signing a stranger for the purpose of issuing a residence permit |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.04.2011 |
|---|---|
| Effective from | 01.05.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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