Government Decree No. 9/2005. (I. 19.) Korm. on the detailed rules ...

<strong>Government</strong> <strong>Decree</strong> <strong>No</strong>. 9/<strong>2005.</strong> (I. <strong>19.</strong>) <strong>Korm</strong>.
on the detailed rules of cooperation between postal service providers, postal
contributors and organisations authorised to collect confidential information
and obtain confidential data
Pursuant to the authorisation granted in Article 53 (1) i) of Act 101 of 2003 on the post (hereinafter referred to as
’Post Act’) to regulate cooperation between postal service providers, postal contributors and organisations authorised
to collect confidential information in the interest of national security and protection of public security and to obtain
confidential data under criminal proceedings the <strong>Government</strong> provides as follows:
General provisions
Article 1
This <strong>Decree</strong> shall apply to organisations authorised by other law to collect confidential information and obtain
confidential data (hereinafter referred to as ’collection of confidential information’) and to perform related activities
and organisations providing postal services (hereinafter referred to as ’postal service provider’), postal contributors
and the National Communications Authority (hereinafter referred to as ’Authority’).
(2) The provisions of this <strong>Decree</strong> shall be applied to cooperation between the organisations identified in
paragraph (1) if the performance of collection of confidential information affects the postal activity defined in the
Postal Act.
Ensuring the conditions of collection of confidential information
Article 2
(1) The Authority shall inform the National Security Service of applications submitted by the postal service
provider according to Article 9 of the Postal Act, notifications made by the postal service provider according to
Article 10 (1) of the Postal Act and notifications regulated by Articles 11 (1) and 12 (2) of the Postal Act within 15
days of their receipt.
(2) Upon request of the National Security Service the postal service provider shall provide all data and
information needed for the application of the apparatus and methods of collection of confidential information and the
performance of the related tasks.
Article 3
Upon previous request of the National Security Service the postal service provider shall make available an
appropriate locked room for the performance of the tasks of collection of confidential information and ensure entry
into it by the assigned staff of the National Security Service at any time during the office hours of the service
provider to perform the necessary work and use the apparatus needed for the collection of confidential information.
Article 4
(1) The postal service provider and the postal contributor shall coordinate with the National Security Service
their technological and logistical network system and service development concepts and plans to ensure that such
developments do not hinder or prevent the collection of confidential information.
(2) The postal service provider may not employ any contributor in such a way that prevents or makes
impossible the collection of confidential information.

Rules of collection of confidential information not subject to permit of a judge or
the Minister of Justice
Article 5
(1) In the process of collection of confidential information not subject to permit of a judge or the Minister of
Justice the organisations authorised to collect confidential information may – in accordance with the legal provisions
applicable to them, with regard to the provisions of Act LXIII of 1992 on the protection of personal data and the
publicity of public data – request data defined in Article 30 (1) of the Postal Act directly or through the National
Security Service.
(2) The organisation authorised to collect confidential information shall be responsible for compliance with
laws when the provisions set forth in paragraph (1) are applied.
Procedures of collection of confidential information subject to permit of a judge
or the Minister of Justice
Article 6
(1) If the application of the apparatus and methods of collection of confidential information at the postal
service provider is subject to permit of a judge or the Minister of Justice the National Security Service shall satisfy
the requests of organisations authorised to collect confidential information under the conditions set forth in other law.
Ensuring the conditions of application of the apparatus and method shall be requested in writing from the postal
service provider.
(2) Only the National Security Service may request from the postal service provider ensuring the conditions of
application of the apparatus and methods of collection of confidential information mentioned in paragraph (1) and in
such cases the service provider may not deliver or make accessible the data, information and mail obtained to any
other parties than the National Security Service.
(3) In the cases when immediate action is needed due to exceptional permission or emergency or immediate
order, the order may be made to the postal service provider also verbally which must immediately be confirmed or
cancelled in writing. If the postal service provider does not receive written confirmation of the order given verbally
by the National Security Service on the next working day, it shall immediately notify thereof the National Security
Service and may reject further contribution to performance of the given task.
(4) The organisation authorised to collect confidential information is responsible for obtaining the permit
identified in other law and the legality of the application, the National Security Service is responsible for compliance
with the permit.
Cost bearing rules
Article 7
Data supply to organisations authorised to collect confidential information from the data defined in Article 30 (1)
of the Postal Act according to Article 30 (7) of the Postal Act and ensuring the conditions of collection of
confidential information according to Article 13 (5) of the Postal Act are free of charge, costs and reimbursement.
Provisions for protection of data and privacy
Article 8
(1) In the process of cooperation with the postal service provider, any data related to collection of confidential
information its apparatus and method and their application as well as data of what is defined in Articles 13 (5) and 30
(7) of the Postal Act shall be classified and handled according to the laws on state secrets and service secrets.
(2) The postal service provider and the organisation authorised to collect confidential information – when the

process of cooperation necessarily requires transfer of classified data – shall conclude a confidentiality agreement
(hereinafter referred to as ’agreement’) on the conditions of transfer and handling of classified data.
(3) The organisation authorised to collect confidential information may request collection of the agreement. The
agreement shall be concluded within 30 days of the applicable request.
(4) The agreement shall set forth, in addition to those identified in paragraph (2), that the postal service
provider may transfer to abroad the classified data disclosed to it in connection with the collection of confidential
information exclusively under the conditions and in a manner regulated by laws.
(5) The agreement may include also other provisions for cooperation
Article 9
The organisations authorised to collect confidential information may transfer to the postal service provider only
such data which are absolutely necessary for the fulfilment of the obligations imposed on the postal service provider
for the performance of collection of confidential information.
Article 10
The postal service provider shall send or return to the organisation authorised to collect confidential information
all copies of the dedicated data carriers containing the data created in the course or for the purpose of collection of
confidential information and ensure after the delivery of the data irrecoverable erasing of the data generated in its
own system. It may not produce any copy or may store a secondary copy of these data. It may not collect or archive
the data disclosed to it and obtained by it in connection with the collection of confidential information.
Article 11
(1) The employees of the postal service provider may be involved in the provision of service to the
organisations authorised to collect confidential information if the collection of confidential information cannot be
performed with technical facilities or some other technical type solution.
(2) When the employees of the postal service provider are involved the postal service provider shall apply a
technological and organisational solution which disguises the support to the collection of confidential information
through the performance of a postal activity.
(3) Only such employees of the postal service provider may be involved in the performance of an activity
related to collection of confidential information – when it necessarily entails disclosure of classified data –who have
passed a national security audit at the level required by the classification, as defined in Act 125 of 1995 the national
security services, have the right to inspect and have made a confidentiality statement.
(4) The postal service provider shall give to its employees involved in the collection of confidential information
such jobs and powers which enable them to perform this activity confidentially without any delay – in accordance
with the lawful requirements of the organisation authorised to collect confidential information.
Article 12
The postal service provider shall ensure exclusion of illegal access to the technical system used for processing
mail in connection with collection of confidential information, the data stored therein and the apparatus and method
used for collection of confidential information.
Detailed rules of cooperation
Article 13
(1) The organisations authorised to collect confidential information may request the conclusion of a written
cooperation agreement (hereinafter referred to as ’agreement’) with the postal service provider to set forth the
detailed rules applicable to the performance of the tasks identified in the Postal Act and this <strong>Decree</strong>.
(2) When requested, the postal service provider shall conclude the agreement within 60 days of the request. The

content of the agreement shall be determined by the cooperating parties with regard to the nature of the activities
carried out by the organisation authorised to collect confidential information.
(3) The agreement to be concluded with the National Security Service shall include the following:
a) the method and rules of requesting a service through collection of confidential information subject to
permits identified in other law, and of the fulfilment of such request, in particular the requirements and conditions of
providing a locked room as defined in Article 3 hereof;
b) the levels and method of keeping contact;
c) the rules of the notification and coordination procedure connected with postal technological and logistical
network system and service development;
d) the method of application of the rules of protection of data and privacy;
e) the rules of selecting, coordinating and controlling the employees participating on behalf of the postal
service provider;
f) the rules of fulfilment and, when necessary, joint evaluation and revision of the cooperation agreement;
g) any other condition and procedure in addition to sub-paragraphs a) to f) which the cooperating parties
consider necessary.
Article 14
Should the parties fail to reach an agreement on any cooperation matter either of them may request the President
of the Authority’s Board to conduct a coordination procedure.
Article 15
The organisations authorised to collect confidential information may request establishment of an employment
contract with the postal service provider – for a period and under the conditions determined in another agreement –
to ensure employment of their employees who comply with the employment conditions of the postal service provider
to ensure performance of their tasks set forth in other laws.
Legal consequences
Article 16
(1) In the case of breach of the obligations set forth in this <strong>Decree</strong> through fault of the postal service provider
the provisions of Article 48 of the Postal Act shall apply with regard to Article 45 (2) of the Postal Act. The
organisation authorised to collect confidential information shall inform the President of the Authority’s Board of the
breach of obligations.
(2) If the confidentiality agreement is not concluded by the date determined in Article 8 (3) hereof and in
Article 13 (2) of the cooperation agreement through fault of the postal service provider, the organisation authorised
to collect confidential information shall notify thereof the President of the Authority’s Board.
(3) If the postal service provider fails to fulfil the decisions adopted by the President of the Authority’s Board
in its resolution closing the coordination procedure defined in Article 14 the Authority will take action against it
according to paragraph (1).
Article 17
(1) If the postal service provider employs a contributor for the performance of its postal activity according to
Article 4 (3) of the Postal Act it shall take into consideration the requirement to continuously ensure the conditions of
collection of confidential information when selecting the contributor.
(2) According to Articles 13 (5) and 30 (7) of the Postal Act the postal contributor shall contribute to the

fulfilment of the obligations imposed on the postal service provider, with whom it directly cooperates, in connection
with the collection of confidential information.
Closing provisions
Article 18
This <strong>Decree</strong> shall enter into force on the 30 th day following its publication.
Article 19
The Authority shall notify the National Security Service, within 30 day of entry into force of this <strong>Decree</strong>, of the
entities performing postal activity on the date of entry into force of this <strong>Decree</strong>.