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Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN

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Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN Act N. 412 of 21 September 2005 on the Protection of Classified Information Legal Disclaimer The following text is a translation of the original promulgated in the Czech language in the Collection of Laws. This translated version has been effected by the National Security Authority of the Czech Republic and it cannot be relied on as an authentic wording, nor does it cause any legal effects. Any liability of the author is hereby excluded. 1/67 Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN Amendment: 119/2007 Coll. and the Czech National Bank7) shall be Amendment: 177/2007 Coll. considered to be the State bodies; Amendment: 296/2007 Coll. e) responsible person – Amendment: 32/2008 Coll., of 12 February 2008, 1. minister in the case of a ministry; effective as from 1 March 2008 2. competent heads in the cases of other central administrative bodies; The Parliament has passed by resolution the 3. in the case of an organizational State body Act of the Czech Republic hereunder: that was established by another organizational State body the responsible person in the organizational State body PART ONE carrying out the function of its promoter; BASIC PROVISIONS 4. in the case of other organizational State bodies their competent heads; Section 1 5. directors in the case of the Security Subject of legislation Intelligence Service and the Military Intelligence; This Act shall govern the principles for 6. the Governor in the case of the Czech determination of information as classified National Bank; information, conditions for access to it and other 7. the director in the case of the Regional requirements for its protection, principles for Authority; determination of sensitive activities and conditions 8. the director of the Metropolitan Authority of for their execution and related execution of the state the Capital City of Prague in the case of the administration. Capital City of Prague; 9. the secretary of the City District Authority Section 2 in the case of the City District of Capital Definition of Terms City of Prague, if there is no such secretary a mayor of the City District; For the purpose of this Act, the following 10. the secretary of the Metropolitan Authority definitions shall apply: in the case of a chartered town; 11. the secretary of the town/community a) classified information – information in any form authority in the case of other towns and recorded on any medium marked as such in communities, if there is no such secretary, accordance with this Act, whose unauthorised the town/community mayor; divulgence or misuse could cause damage to the 12. in the case of the structural component of interest of the Czech Republic or could be the territorial self-governing unit the unfavourable to this interest and that is given on responsible person shall be the responsible the list of classified information (Section 139); person in the case of the territorial self- b) interests of the Czech Republic - preservation of governing unit carrying out the function of constitutionality, sovereignty and territorial its promoter; integrity, securing of internal order and security, 13. authorised representatives in the case of preservation of international obligations and legal entities not mentioned in points 6-11 defence, protection of economy and protection of above; if more persons act in the name of these other legal entities according to the the life or health of natural persons; 8) special legal regulation who are the c) breach of the duty to protect classified authorised representative, or any person who information - breach of any obligation imposed is not the authorised representative, then by this Act or on the basis of this Act; only the person authorised to act in subject- d) the State body - organizational body of the State matters regulated by this Act shall be the 1) 2) responsible person; and according to special legal regulation , region , 9) Capital City of Prague3), City District of Capital 14. natural persons pursuing business , City of Prague and community4) in execution of the state administration in the cases laid down by f) originator of classified information - the State the special legal regulation; also the Security body, legal entity or natural persons pursuing Intelligence Service5), the Military Intelligence6) business that created classified information, or The Office of Industrial Property according to S. 70 par. 4; Page 2 of 67 Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN g) foreign power – another state or its authority or c) extremely serious or long-term damage to the multinational or international organization or its economy of the Czech Republic; authority; d) significant breach of internal order and security h) unauthorised person – natural person or legal of the Czech Republic; entity that does not satisfy conditions for access e) extremely serious endangerment of important to classified information laid down herein; security operations or activities of intelligence i) briefing – written record that the natural person services; concerned has been briefed on his/her rights and f) extremely serious endangerment of activities or responsibilities in the area of protection of existence of the North Atlantic Treaty classified information and on the consequences Organisation, European Union or Member State; of their breach; g) extremely serious endangerment of the combat j) security standard – classified body of rules laying capability of the Armed Forces of the Czech down procedures, technological solutions, Republic, the North Atlantic Treaty Organisation security parameters and organizational measures or its Member State or of the Armed Forces of necessary to secure the lowest possible level of the Member State of the European Union; or protection of classified information; h) extremely serious damage to diplomatic or other k) security mode of operation – environment in relations of the Czech Republic towards the which the information system operates and which North Atlantic Treaty Organisation, European is characterized by the security level of classified Union or Member States; information being processed and by the security clearance levels of users. (3) Serious detriment to the interest of the Czech Republic arises in the cases of divulgence of classified information to any unauthorised person or PART TWO in the case of misuse of classified information, which PROTECTION OF CLASSIFIED can result in: INFORMATION a) endangering sovereignty, territorial integrity or democratic principles of the Czech Republic; Chapter I b) significant damage to the Czech Republic in Introductory provisions financial, monetary or economic areas; c) losses of human lives or threat to life and limb of Section 3 citizens; Damage to the interest of the Czech Republic and d) breach of internal order and security of the Czech Disadvantageousness to the interests of the Czech Republic; Republic e) seriously endangering the combat capability of the Armed Forces of the Czech Republic, the (1) Damage to the interest of the Czech North Atlantic Treaty Organisation or its Republic, as used in this Act, means the damage to or Member State or of the Armed Forces of a endangering the interest of the Czech Republic. Member State of the European Union; Depending on the seriousness of the damage caused f) seriously endangering important security or seriousness of the threat to the interests of the operations or activities of intelligence services; Czech Republic the detriment shall be graded as g) seriously endangering activities of the North extremely serious detriment, serious detriment or Atlantic Treaty Organisation, European Union or simple detriment. a Member State; h) seriously breaching diplomatic relations of the (2) Extremely serious detriment to the interest of Czech Republic towards the North Atlantic the Czech Republic arises in the cases of divulgence Treaty Organisation, European Union, Member of classified information to any unauthorised person States or another state; or or in the case of misuse of classified information, i) serious aggravation of situation causing which can result in: international tension. a) imminently endangering sovereignty, territorial (4) Simple detriment to the interest of the Czech integrity or the democratic principles of the Republic arises as a consequence of the divulgence of Czech Republic; classified information to any unauthorised person or b) vast losses of human lives or vast threat to life misuse of classified information, which can result in: and limb of citizens; Page 3 of 67 Amendment 32/2008 Coll. Czech Act N. 412 of 21 September 2005 on the Protection of Classified Information EN a) worsening of relations of the Czech Republic c) CONFIDENTIAL in cases where unauthorised with a foreign power; divulgence of information to an unauthorised b) endangering the security of an individual; person or its misuse can result in simple c) endangering the combat capability of the Armed detriment to the interests of the Czech Republic; Forces of the Czech Republic, the North Atlantic d) RESTRICTED in cases where unauthorised Treaty Organisation or its Member State or of the divulgence of information to an unauthorised Armed Forces of a Member State of the person or its misuse can be disadvantageous to European Union; the interests of the Czech Republic. d) endangering security operations or activities of intelligence services; Section 5 e) endangering activities or the existence of the Forms of securing of the protection of classified European Union or any of its Member States; information f) obstructing, impeding or endangering the vetting or investigation of specially grave offences or the The protection of classified information shall be facilitation of their commission; based on g) occurrence of damage not insignificant to the Czech Republic; or a) personnel security, which consists of selection of h) serious infringement of economic interests of the natural persons who should have access to Czech Republic.
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