Act No. 263 / 2011 Coll.
Act amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended, and other related laws
Valid
Law
Effective from 29.11.2011
Text versions:
29.11.2011
31.08.2011
263
THE LAW
of 29 July 2011
amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Conversion of Documents, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Information Systems of Public Administration
Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 130 / 2008 Coll., Act No. 190 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., and Act No. 281 / 2009 Coll., are amended as follows:
1. in Article 2, point (q) is deleted;
Points (r) to (x) shall be renumbered as points (q) to (w).
2. In Paragraph 4 (1), point (j) is deleted.
Points (k) to (m) shall be renumbered as points (j) to (l).
3. In Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following point (j) is added:
"(j) checks the performance of the public authorities contact points."
4. Paragraph 6f, including the title, reads:
Public administration portal
(1) The public administration portal is a public administration information system ensuring access to information from public authorities, local authorities and public authorities, which are not public authorities or local authorities (hereinafter referred to as the public authority) and communication with public authorities.
(2) The Public Administration Portal provides access to information obtained from information activities [Paragraph 2 (a)] of public authorities, in particular in the fields of social security, health security, public finance management, subsidies, public procurement, state statistical services, registration and identification of persons, their parts and the rights and obligations of such persons or their parts, and the creation and publication of legislation.
(3) The public administration portal provides communication with public authorities through data boxes and through the public administration contact points.
(4) The public administration portal also provides access to information from natural persons and legal persons, in particular electronic forms of such persons, and communication with natural persons and legal persons. The public administration portal shall provide access to information by natural persons and legal persons on the basis of a written contract between the administrator of the public administration portal and the natural person to whom the information is provided, or by a legal person to whom the information is provided. The natural person to whom access is granted and the legal person to whom access is granted shall be liable for such access. The remuneration is the income of the state budget, chosen by the administrator of the public administration portal. The administrator of the public administration portal shall lay down the conditions under which the information of natural persons or legal persons shall be made available through the public administration portal and the rules for determining the amount of the remuneration and the manner in which it is to be paid and shall publish it on the public administration portal. ';
5. Sections 6g to 6i are deleted, including the headings and footnotes No 11d.
6. In Paragraph 8a, at the end of paragraph 2, the dot is replaced by a comma and the following point (g) is added:
"(g) a bank which has been authorised by the Ministry to exercise the authority of the public administration contact point (hereinafter referred to as" the person authorised by the Ministry. ") '
7. In Article 8a (3), the words "The holder of the postal licence and the Chamber of Commerce of the Czech Republic 'are replaced by the words" The holder of the postal licence, the Chamber of Commerce of the Czech Republic and the person authorised by the Ministry'.
8. The following Section 8b is inserted after Section 8a:
(1) At the request of the Bank, the Ministry will authorise the exercise of the competence of the Public Administration Contact Point if it fulfils the substantive, personnel, technical, security and organisational conditions for the exercise of that competence. The Ministry shall decide on the application for authorisation within 3 months of the date of its submission. Authorization shall be granted for a period of 5 years.
(2) The Ministry sets out the substantive, personnel, technical, security and organisational conditions for the performance of the public administration contact point and publishes them in the Bulletin and in a way that allows remote access. If the Ministry determines the new conditions under the first sentence, the obligation of the person authorised by the Ministry to comply with those conditions shall not arise before the first day of the sixth calendar month following the calendar month in which they were published unless the Ministry has determined a longer period of time.
(3) The person authorised by the Ministry pays a fee of CZK 2 000 000 per calendar year for authorisation to exercise the public administration contact point. Where an authorisation to exercise the competence of a public authority contact point has been granted during a calendar year, a person authorised by the Ministry shall pay a proportion of the fee of one twelfth of the annual fee for each starting calendar month. The fee shall be paid in the calendar year in which authorisation was granted to exercise the competence of the public administration contact point within 30 days of the date on which the Ministry's decision to grant authorisation became final and in the following calendar years by 31 January of the relevant calendar year. The fee is the income of the state budget, collected by the Ministry.
(4) The person authorised by the Ministry is responsible for the damage caused by the exercise of the public authority contact point. A person authorised by the Ministry shall be relieved of his or her responsibilities if he or she proves that the damage could not be prevented even if all the efforts that may be required of him or her were made.
(5) The Ministry checks with the person authorised by the Ministry the fulfilment of material, personnel, technical, security and organisational conditions for the performance of the public administration contact point.
(6) The Ministry is entitled to limit access to the information system by a person authorised by the Ministry to the necessary period of time, through which the exercise of the public administration contact points is ensured, if the person authorised by the Ministry has infringed the conditions of fact, personnel, technical, security or organisation for the exercise of the public administration contact point's competence in a way that seriously endangers the functioning of the information system through which the exercise of the public administration contact points is ensured.
(7) The Ministry will withdraw authorisation to exercise the competence of the public administration contact point,
(a) if the person authorised by the Ministry does not fulfil the conditions of fact, personnel, technical, security or organisational control of the public administration contact point and does not, within 3 months of the date on which the Ministry referred to this fact, remedy it; or
(b) if the person authorised by the Ministry so requests.
(8) A person who has been withdrawn from the scope of the public service contact point pursuant to paragraph 7 shall pay a fee equal to the sum of the charges referred to in paragraph 3 which would otherwise have applied until the expiry of the authorisation to exercise the competence of the public service contact point. The fee shall be paid within 3 months of the date on which the decision of the Ministry to withdraw authorisation to exercise the competence of the public administration contact point becomes final. The fee is the income of the state budget, collected by the Ministry.
(9) The Ministry keeps a list of persons authorised by the Ministry and publishes it in a way that allows remote access. For the purposes of maintaining the list, the person authorised by the Ministry shall immediately inform the Ministry of the number of workplaces through which he exercises the responsibility of the public administration contact point, the addresses of those workplaces and changes in the number of such workplaces and their addresses. '
Transitional provisions
1. The obligation to maintain confidentiality pursuant to Article 6h of Act No. 365 / 2000 Coll., on information systems of public administration and on the amendment of certain other laws, as effective by the date of entry into force of this Act, remains unchanged after the entry into force of this Act.
2. The administrator of the public administration portal shall retain information pursuant to § 6i (4) of Act No. 365 / 2000 Coll., on information systems of public administration and on the amendment of certain other laws, as effective until the date of entry into force of this Act, for a period of three years from the date of their creation.
Amendment of the Act on Electronic Acts and Authorised Conversion of Documents
Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended by Act No. 190 / 2009 Coll., Act No. 219 / 2009 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. In Article 6, at the end of the text of paragraph 2, the words "or the execution of a specific agenda or activity by a public authority 'shall be added.
2. In Article 6 (3), at the end of the text of point (a), the words "or the name of the agenda or activity of the public authority for whose purposes the data box is established 'shall be added.
3. Paragraph 9 (3), including footnote 10, reads as follows:
"(3) The registration referred to in paragraph 1 shall be provided by the Ministry by means of access data or electronic means issued by it, electronically readable identification documents (10) or by electronic means of third parties. The formalities for access data and electronic means of registration shall be determined by the Ministry by a decree. The provisions on access data shall apply mutatis mutandis to electronic means and electronically readable identification documents according to the first sentence.
10) For example, Act No 328 / 1999 Coll., on Civil Documents, as amended, Act No 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended. '
4. In Article 14 (3) (j), the words ", links of access data to access data to individual user accounts pursuant to Article 14a 'are inserted after the word" data'.
5. After Paragraph 14, the following Sections 14a and 14b are inserted:
(1) The Ministry may, at the request of the person providing its services on the Internet, which is accessible through its operated individual user accounts of the addressees of such services (hereinafter referred to as the "Internet Service Provider"), authorise the use of an interface of the data box information system used to manage access data and the identity of persons authorised to access data boxes and the link of access data of such persons to access data to individual user accounts (hereinafter referred to as the "access interface"). The application shall include a description of how the access interface is used.
(2) The Ministry shall decide on the application within 3 months of the date of its submission. If the Internet Service Provider fulfils the substantive, personnel, technical, security and organisational conditions, the Ministry shall authorise it to use the access interface. The permit shall be issued for a period of 5 years.
(3) The Ministry sets out the substantive, personnel, technical, security and organisational conditions for the use of the access interface and publishes them in the Ministry Bulletin and in a way that allows remote access. If the Ministry determines new conditions under the first sentence, the obligation of the Internet Service Provider to comply with these conditions shall not arise before the first day of the third calendar month following the calendar month in which they are published unless the Ministry provides for a longer period of time.
(4) The Internet Service Provider pays an annual fee calculated as the product of the amount of CZK 100 and the number of user accounts to its services for which the access interface was used in a given calendar year. The fee shall be paid by 31 January of the following calendar year. The fee is the income of the state budget, collected by the Ministry.
(5) The Internet Service Provider is responsible for damage caused in connection with the use of the access interface. The Internet Service Provider shall be relieved of liability if it proves that the damage could not be prevented even if all the efforts that may be required of it were made.
(6) The Ministry checks with the Internet Service Provider the fulfilment of the physical, personnel, technical, security and organisational conditions for the use of the access interface.
(7) The Ministry will decide to withdraw the authorisation to use the access interface,
(a) if the internet service provider does not fulfil the physical, personnel, technical, security or organisational conditions for the use of the access interface and does not, within 3 months of the date on which the Ministry referred to this fact, remedy it; or
(b) where the Internet service provider so requests.
(8) The Ministry keeps a list of Internet service providers using the access interface and publishes it in a way that allows remote access.
List of natural persons, business natural persons, legal persons and public authorities with a data box set up and made available
(1) The Ministry shall maintain a public list of natural persons, business natural persons, legal persons and public authorities with a data box set up and made available (hereinafter referred to as the "list of data box holders") which is accessible in a way that allows remote access. The list is part of the data box information system.
(2) The list of holders of data boxes is broken down into separate parts held for natural persons, business natural persons, legal persons and public authorities.
(3) The list of holders of data boxes contains the following data on natural persons, entrepreneurs, legal persons and public authorities with a data box established and made available to them:
(a) in the part held for natural persons
1. name, surname, address of place of permanent residence or other residence in the Czech Republic or address of residence outside the Czech Republic;
2. identifier,
3. an indication of whether the data box functions as a data box according to § 6,
(b) in the part held for the natural persons involved
1. the name and, where applicable, the name and surname, and, where applicable, the business name, place of business and the person's identification number, if any, if assigned,
2. identifier,
3. an indication of whether the data box functions as a data box according to § 6,
(c) in the part held for legal persons
1. the business name, registered office and identification number of the person, if assigned;
2. identifier (s), if any;
3. an indication of whether the data box functions as a data box according to § 6,
4. if a legal person has more than one legal person's data box, an indication of which legal person's data box is another legal person's data box, if another legal entity's data box is set up for the needs of the legal entity's internal organisational unit, the name of that internal organisational unit, and if another legal entity's data box is set up for the purpose of carrying out a specific agenda or activity, the name of that agency or activity;
(d) in the part held for public authorities
1. the name, registered office and identification number of the person, if assigned;
2. identifier (s), if any;
3. where a public authority has established more than one public authority's data box, an indication of which public authority's data box is another public authority's data box, if another public authority's data box is set up for the needs of the internal organisational unit of the public authority, the name of that internal organisational unit, and if another public authority's data box is set up for the performance of a specific public authority's agenda or activity, the name of that agency or activity.
(4) At the request of a natural person who has a data box set up and made available, the data contained in the list of data boxes holders shall be destroyed.
(5) The Ministry uses data contained in the data box information system to keep a list of holders of data boxes. ';
6. Paragraph 18a (2) reads as follows:
"(2) The document supplied pursuant to paragraph 1 shall be delivered at the time when the person who has access to the document is registered in the data box with regard to the scope of his authorisation. ';
7. Paragraph 18a (3) reads as follows:
"(3) The supply of the document referred to in paragraph 1 shall be subject to a remuneration for the data box information system operator, to be determined in accordance with the price regulations (5). The remuneration shall be paid by the natural person, the person in business or the legal person from whose data box the document has been sent. This person may also determine that he will pay for the delivery of the document which is the answer to the document provided according to the previous sentence. The remuneration referred to in the first sentence may also be paid by another natural person, by a natural person, by a natural person or by a legal person from whose data box the document has been sent, acting by the natural person or by a legal person, if he submits written consent to the data box operator of the natural person, the natural person or legal person from whose data box the document has been sent, in such a way as to pay the remuneration or exit from the authorised conversion of the documents; the signature of the person in the written consent shall be officially verified. The data box information system operator shall notify, through the data box information system, a natural person, a business person or a legal person whose data box is to be sent in accordance with the third or fourth sentences of such reimbursement. ';
8. In Article 20 (1), the comma at the end of point (i) is replaced by a dot and point (j) is deleted.
9. In Article 20 (3), the words "the maximum size of the data message and the storage time of the data message in the data box 'are replaced by the words" and the maximum size of the data message'.
10. In Article 20, the following paragraph 4 is added:
"(4) The Ministry shall ensure that the data message supplied is stored in the data box. The minimum storage time of the data message delivered in the data box shall be determined by the Ministry by a decree. At the request of the holder of the data box, the operator of the data box information system shall allow the storage of the data message delivered in the data box for a period longer than that specified by the Order. For the storage of the delivered data message in the data box for a period longer than that laid down in the decree, the operator of the data box information system shall be remunerated, to be determined in accordance with the price regulations (5). ';
11. in Paragraph 30 (1), the words "the holder of the postal licence and the Chamber of Commerce of the Czech Republic" are replaced by the words "the holder of the postal licence, the Chamber of Commerce of the Czech Republic and the person authorised by the Ministry to exercise the competence of the public administration contact point,"
Amendment of the Act on the organisation and implementation of social security
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006.
1. In the second sentence of Paragraph 39 (1), the words "data boxes or 'shall be inserted after the words" via'.
2. Paragraph 39 (7), including footnote 56a, is deleted.
3. Paragraph 120a (2), including footnote 66a, is deleted and the designation of paragraph 1 is deleted.
Amendment to the Banking Act
In Section 1 of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 84 / 1995 Coll., Act No. 126 / 2002 Coll. and Act No. 230 / 2009 Coll., paragraph 4 reads:
"(4) The Bank may not engage in business activities other than those authorised in the licence; This does not apply to activities carried out for another, insofar as they relate to the provision of its operations and the operation of its controlled other banks, financial institutions and ancillary services undertakings. The Bank may exercise the competence of the Public Administration Contact Point if it holds an authorisation under a special law. ';
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
In Article 23 of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 189 / 2006 Coll. and Act No. 261 / 2007 Coll., paragraph 5, including footnote 65, is deleted.
Amendment of the Act on Construction Savings and State Support of Construction Savings
In § 2 of Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on the Addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Tax, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as amended by Act No. 423 / 2003 Coll., the sentence "Building Savings Bank may also exercise the scope of the public administration contact point, if it is the holder of authorisation under a special law."
Amendment to the sickness insurance law
In Section 161 of Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 239 / 2008 Coll., Act No. 305 / 2008 Coll. and Act No. 2 / 2009 Coll., paragraph 2 is deleted and paragraph 1 is deleted.
Amendment of the Basic Register Act
Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll. and Act No. 424 / 2010 Coll., is amended as follows:
1. In Paragraph 54, at the end of paragraph 1, the dot is replaced by a comma and the following point (n) is added:
"(n) forms in electronic form for submissions and other acts, unless the legislation setting out the formalities for the execution of the agenda excludes the use of forms in electronic or paper form, or requires a law setting out the requirements for the execution of the agenda, the use of a special form which cannot be printed, made available or distributed without restriction, or where the use of forms in electronic or paper form is not effective in view of the nature of the action on the agenda; the forms shall be presented in a format allowing their sending by means of a data box and their automated processing. ';
2. In Article 54 (5), at the end of the second sentence, the words "and publish on the public administration portal the forms referred to in paragraph 1 (n) together with the agenda details to the extent provided for by the Freedom of Information Act 'shall be added.
3. In Article 54 (6), the words "or other supporting documents' shall be inserted after the words" to amend the entries'.
Transitional provision
If the agenda is executed on the date of the entry into force of this Act, the Central Administrative Office or any other administrative office with national competence shall send the basis pursuant to § 54 (1) (n) of Act No. 111 / 2009 Coll., as effective from the date of entry into force of this Act, in accordance with the procedure laid down in § 54 (6) of Act No. 111 / 2009 Coll., as effective from the date of entry into force of the Act.
EFFECTIVE
This Act shall take effect on the 90th day following its publication.
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Regulation Information
| Citation | Act No. 263 / 2011 Coll., amending Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other laws, as amended, Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2011 |
|---|---|
| Effective from | 29.11.2011 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Social security benefits
Finance
Civil law
Civil law substantive
Social security law
Proceedings in social security matters
Self-administration
Administrative law
Government
Telecommunications, Communications, Mail
Science and research
Old age insurance, Old age pension
Diseases, Sickness benefits
The regulation text is for informational purposes only.
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