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

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

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