Act No. 273 / 2012 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws
Valid
Law
Effective from 01.10.2012
Text versions:
01.10.2012
22.08.2012
273
THE LAW
of 18 July 2012
amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Electronic Communications Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Electronic Communications Act
Act No. 127 / 2005 Coll., on Electronic Communications, and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 420 / 2011 Coll., Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 137 / 2007 Coll., Act No. 341 / 2011 Coll., Act No. 124 / 2008 Coll., Act No. 177 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 153 / 2010 Coll., Act Act No. 247 / 2008 Coll., Act No. 157.
1. in Paragraph 88 (1), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
2. In Paragraph 88 (1) (b), "(a) and (b) 'is replaced by" (a)';
3. In Paragraph 88 (2) and (3), "paragraph 1 (c) 'is replaced by" paragraph 1 (b)'.
4. The following Section 88a is inserted after Section 88:
(1) A legal or natural person providing a public communications network or providing a publicly available electronic communications service shall ensure that the operational and localisation data retained pursuant to Article 97 (3) are of the same quality and subject to the same security and protection against unauthorised access, alteration, destruction, loss or theft or other unauthorised processing or use as provided for in Article 88; this shall be without prejudice to the obligations laid down by special legislation34).
(2) A legal or natural person providing a public communications network or providing a publicly available electronic communications service shall be required to process an internal technical organisational regulation to ensure data protection pursuant to paragraph 1; data protection shall ensure that, taking into account existing technical capabilities and the costs necessary to ensure protection at a level appropriate to the existing risk of breach. Paragraph 88 (2) to (7) shall apply mutatis mutandis to data protection under this provision. '
5. In Paragraph 91 (4), "Article 88 (1) (c) 'is replaced by" Article 88 (1) (b)';
6. Paragraph 97 (3), including footnote 59 to 61, reads as follows:
"(3) The legal or natural person providing a public communications network or providing a publicly available electronic communications service shall keep for a period of 6 months the operational and localisation data generated or processed in the provision of its public communications networks and in the provision of its publicly available electronic communications services 37b). Operational and localisation data relating to unsuccessful call attempts shall be kept by a legal or natural person providing a public communications network or providing a publicly available electronic communications service only if such data are generated or processed while being stored or recorded. At the same time, the legal or natural person shall be required to ensure that the content of the messages is not retained in compliance with the obligation under the first and second sentences and are kept in such a way that they are further transmitted. The legal or natural person who stores the operational and localisation data shall, upon request, be obliged to provide it without delay
(a) law enforcement authorities for the purposes and subject to compliance with the conditions laid down in special legislation59);
(b) The police of the Czech Republic for the purposes of an ongoing search for a specific wanted or missing person, identification of a person of unknown identity or identity of a corpse found, prevention or detection of specific threats to terrorism or the screening of a protected person, and compliance with the conditions laid down in specific legislation60),
(c) a security information service for the purposes and subject to compliance with the conditions laid down in special legislation37),
(d) Military intelligence for the purposes and subject to the conditions laid down in special legislation37a);
(e) The Czech National Bank for the purposes and subject to compliance with the conditions laid down in the Specific Legislation (61).
At the end of the period referred to in the first sentence, the legal or natural person keeping the operational and localisation data shall be obliged to dispose of them unless they have been provided to the authorities authorised to use them under a specific law or otherwise provided for by that law (§ 90).
59) Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
60) Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended. 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.
61) Act No. 15 / 1998 Coll., on supervision in the field of capital market and amending and supplementing other laws, as amended. '
7. Paragraph 97 (4) reads:
"(4) In particular, the operational and localisation data referred to in paragraph 3 shall be those resulting in the tracing and identification of the source and the addressee of the communication, as well as data leading to the identification of the date, time, manner and duration of the communication. The scope of the operational and localisation data stored in accordance with paragraph 3, the form and manner in which they are to be transmitted to the authorities authorised to use pursuant to a specific legislation and the manner in which they are to be disposed of shall be laid down in the implementing legislation. ';
8. in Paragraph 118 (14) (c):
"(c) in contravention of Paragraph 97 (3), it does not retain operational and localisation data, it does not transmit them to the competent authority, it does not dispose of them after the retention period, or it does not ensure that the content of the messages is not kept or further transmitted in such a way;"
9. In Paragraph 118, the following paragraph 15 is inserted after paragraph 14:
"(15) In addition, an undertaking providing a public communications network or providing a publicly available electronic communications service shall commit an administrative offence by failing to comply with any of the data protection obligations under Paragraph 88a (1) or (2). ';
Paragraphs 15 to 21 shall become paragraphs 16 to 22.
10. in Paragraph 118 (22) (b), "or paragraphs 14 (j) to (z)" shall be replaced by "paragraphs 14 (j) to (z) or 15";
11. in Paragraph 118 (22) (c), "paragraphs 15, 16, 17, 18, 19 or 20" are replaced by "paragraphs 16, 17, 18, 19, 20 or 21."
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 99, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No 2004, Act No. 5, Act No 1999, No 2006, No 1999, No 1999, Act No. 99, No 1999, No 1999, No 1999, Act No. 5, No 1999, No 1999, No.
1. § 88a reads:
(1) It is necessary for the purposes of criminal proceedings conducted for a criminal offence, for which the law provides for a criminal offence with a maximum criminal rate of at least three years, for a criminal offence of secret reports (§ 182 of the Criminal Code), for a criminal offence of fraud (§ 209 of the Criminal Code), for a criminal offence of a criminal offence (§ 231 of the Criminal Code), for a criminal offence of dangerous crime (§ 364 of the Criminal Code), for a criminal offence of criminal prosecution (§ 365 of the Criminal Code), for a criminal offence of fraud (§ 357 of the Criminal Code), for a criminal offence of fraud (§ 357 of the Criminal Code). An order for the detection of telecommunications traffic data shall be issued in writing and justified, including a specific reference to the declared international agreement in the event of criminal proceedings for an offence committed by that international agreement. If an application is made to a specific user, the order must indicate its identity if known.
(2) A public prosecutor or police authority whose decision has been final and, if known, in proceedings before a court, the President of the Chamber of the Court of First Instance after the final decision has been taken shall inform the person of the user referred to in paragraph 1 of the information ordered on telecommunications operations, if known. The information shall include a reference to the court which issued the order for the identification of the telecommunications traffic data and an indication of the period covered by the order. The information shall include an instruction on the right to file, within six months of the date of receipt of this information to the Supreme Court, a proposal for a review of the legality of the telecommunications information order. The President of the Chamber of the Court of First Instance shall submit the information without delay after the final termination of the case, the prosecutor whose decision has been final shall submit the information without delay after the expiry of the period for the review of his decision by the High Representative of the Court of First Instance pursuant to Article 174a and the police authority whose decision has been final shall submit the information without delay after the expiry of the period for review by the Prosecutor of his decision pursuant to Article 174 (2) (e).
(3) The information referred to in paragraph 2 shall not be filed by the President of the Chamber, a prosecutor or a police authority in a criminal proceedings for which the law provides for a maximum sentence of imprisonment of at least eight years, committed by an organised group, in proceedings for an offence committed for the benefit of an organised criminal group, in proceedings for a criminal offence involving an organised criminal group (Section 361 of the Criminal Code), or where more than one person has been involved in the commission of the offence and, in respect of at least one of them, the criminal proceedings which have not yet been brought to an end, or if the person to whom the information is to be disclosed is subject to criminal proceedings, or if the purpose of this or other criminal proceedings could be undermined by the safety of the State, life, health, rights or freedoms of persons.
(4) The order referred to in paragraph 1 shall not be required if the communication equipment user to whom the telecommunications traffic data is to be related has given his consent. ';
2. In Title 20, in the title of Section 7, the words "and the command for the detection of telecommunications data 'are added.
3. In Paragraph 314l, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) At the request of the person referred to in § 88a (2) The Supreme Court shall, in a private session, examine the legality of the order for the detection of telecommunications data. ';
4. In Article 314m (1), the words "or a command to detect data on telecommunications traffic 'are inserted after the word" traffic'.
5. In Paragraph 314n (1), the words "or the order for the detection of telecommunications traffic data has been issued and its execution has been in accordance with the terms of Paragraph 88a (1) 'shall be inserted after the words" Paragraph 88 (1)'.
Amendment to the Security Information Service Act
In Act No. 154 / 1994 Coll., on the Security Information Service, as amended by Act No. 160 / 1995 Coll., Act No. 155 / 2000 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 290 / 2005 Coll., Act No. 21 / 2006 Coll., Act No. 267 / 2006 Coll. and Act No. 274 / 2008 Coll., § 8a including footnote 8 reads:
The security information service shall be entitled to require, to the extent necessary for the performance of a particular task, a legal or natural person providing a public communications network or providing a publicly available electronic communications service.
(a) the establishment and, where appropriate, the security of the interface for the connection of end-to-end telecommunications monitoring equipment or the recording of messages at specified points in their network; and
(b) the provision of operational or localisation data in the form and to the extent provided for by specific legislation8).
8) Paragraph 97 of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll., Act No. 177 / 2008 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., the Constitutional Court's finding, published under No. 94 / 2011 Coll. and Act No. 273 / 2012 Coll. '.
Amendment to the Capital Market Supervisory Act
In Article 8 (1) of Act No. 15 / 1998 Coll., on supervision in the field of capital market and amending and supplementing other laws, as amended by Act No. 230 / 2008 Coll., Act No. 230 / 2009 Coll. and Act No. 160 / 2010 Coll., point (d), including footnote 35, read:
"(d) require a legal or natural person providing a public communications network or providing a publicly available electronic communications service to provide operational and localisation data in accordance with special legislation (35), following prior written authorisation by the Chairman of the Senate of the Supreme Court responsible for the seat of the Czech National Bank, where it can reasonably be assumed that the data provided can contribute to clarifying the facts relevant for the detection of administrative misconduct in the capital market section under the law governing the capital market business, including its perpetrator, and cannot otherwise be achieved for the purpose pursued, or only with disproportionate effort;
35) Article 97 of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll., Act No. 177 / 2008 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., the Constitutional Court found under No. 94 / 2011 Coll. and Act No. 273 / 2012 Coll. '.
Amendment to the Military Intelligence Act
Paragraph 9 of Act No. 289 / 2005 Coll., on Military Intelligence, paragraph 5, including footnote 18, reads as follows:
"(5) Military intelligence shall be entitled to require from a legal or natural person providing a public communications network or providing a publicly available electronic communications service to the extent necessary for the performance of a particular task.
(a) the establishment and, where appropriate, the security of the interface for the connection of end-to-end telecommunications monitoring equipment or the recording of messages at specified points in their network; and
(b) the provision of operational or localisation data in the form and to the extent provided for by specific legislation18).
18) Paragraph 97 of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll., Act No. 177 / 2008 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., the Constitutional Court found under No. 94 / 2011 Coll. and Act No. 273 / 2012 Coll. '.
EFFECTIVE
This Law shall take effect on 1 October 2012.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 273 / 2012 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2012 |
|---|---|
| Effective from | 01.10.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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