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ACT of
The National Council of the Slovak Republic has passed the following law: § 1 Preamble (2) The Information Service is a State Body of the Slovak Republic which shall fulfil roles in the defence of the constitutional structure, public order, and security of the state to the extent circumscribed by this Law. It shall conduct its activities in accordance with the constitution, Constitutional Laws, regular laws, and other universally binding legal statutes. (3) In the fulfilment of its duties the Information Service is authorized to cooperate with bodies of similar design from other countries engaged in similar activities. (4) The rights and freedoms of citizens are to be limited by the measures of the Information Service only to the extent and manner established by this Law. (5) The Information Service have own budget. TASKS, STRUCTURE AND OVERSIGHT OF THE INFORMATION SERVICE § 2 Tasks of the Information Service (1) In the scope of its functions the Information Service shall collect, accumulate, and analyse information on a) activities threatening the constitutional structure, territorial integrity and sovereignty of the Slovak Republic, b) activities directed against the security of the Slovak Republic, c) activities of foreign intelligence services, d) organized crime and terrorism, e) serious threats to the economic interests of the Slovak Republic, f) unauthorized disclosures of information relating to matters of state secrecy.1) (2) The Information Service shall collect, accumulate and analyse information on activities arising abroad which are directed against the constitutional structure and security of the Slovak Republic. (3) In the scope of its functions the Information Service shall fulfil other duties in accordance with specific laws and tasks based on international agreements and accords to which the Slovak Republic is bound. (4) The Information Service shall provide the National Council of the Slovak Republic, the President of the Slovak Republic, and the Government of the Slovak Republic with information significant for their functioning and decision-making. (5) Essential information can also be provided to other state bodies, if it is required to put a stop to unconstitutional or illegal activity. (6) Collected information shall be provided only in fulfilment of the aim stated in Article 2, Paragraphs 1 to 3 of this Law. ------------------------------------------------------------------------------------ 1)Act No 241/2001 on the Protection of classified information. § 3 (1) The Information Service shall be headed by a Director, who will be responsible to the State Defence Council in the execution of his duty. (2) The Director of the Information Service (hereafter the "Director") shall be appointed and dismissed by the Government of the Slovak Republic on the recommendation of the Prime Minister of the Slovak Republic; a proposal to dismiss the Director can also be submitted to the President of the Slovak Republic by the National Council of the Slovak Republic. (3) The State Defence Council, through its Chairman, shall issue in writing to the Information Service its tasks within the scope of its functions in accordance with Article 2 of this Law. (4) The Government of the Slovak Republic shall determine the manning levels of the Information Service and on the recommendation of the Director shall approve the statute on the Information Service, which will modify the objectives, structure, and administration of the Information Service. (1) The Director shall present a report at least once a year on the fulfilment of the tasks set out by this Law to the National Council of the Slovak Republic. (2) The Director shall be required to respond, in a set period of time and in the detail solicited, to written requests for information from the: a) President of the Slovak Republic, b) Chairman of the National Council of the Slovak Republic, c) Prime Minister of the Slovak Republic. § 5 (1) Oversight of the activities of the Information Service shall be carried out by the National Council of the Slovak Republic, which shall establish for this purpose a special oversight body (hereafter the "Oversight Body") comprised of members of the National Council. (2) Members of the Oversight Body shall have the right to enter the sites and facilities of the Information Service under the escort of a member of the Information Service. (3) At the request of the Oversight Body the Director shall provide: a) the statute on the Information Service, b) data necessary to examine the utilisation of the budget of the Information Service, c) internal regulations amending 1. the objectives and organizational structure of components of the Information Service, 2. stipulations for the use of special measures, 3. the ways and methods of maintaining files, d) a report on the activities of the Information Service and the results of these activities. (4) The National Council of the Slovak Republic and the Prosecutor General of the Slovak Republic shall be informed of any violation of this Law discovered by the Oversight Body during the execution of its duty; depending on the nature of the case, the Government of the Slovak Republic shall also be informed.1b) ------------------------------------------------------------------------------ 1b) E.g., Articles 38, 39, 44, 46, 48 and 49 of Slovak National Council Act No 44/l989 in the Code on the Meeting Agenda of the Slovak National Council, as stated in later statutes. (1) At the beginning of each term of office, the National Council of the Slovak Republic shall elect members to the Oversight Body, and determine the number of members, the structure and method of work of this body. (2) If a member of the National Council who is a member of the Oversight Boddy leaves the ranks of the National Council, he shall forfeit his membership in the Body. This member shall be replaced by a new member recommended by the members of the National Council. (3) Meetings of the Oversight Body shall be closed to the public. The Oversight Body shall meet at least once every three months. Meetings shall be conducted in accordance with the meeting agenda. Any member of the Oversight Body can request that a meeting be held. (4) The Oversight Body shall continue to carry out its activity even after the term of office of the National Council of the Slovak Republic is over, until such time as the newly-elected National Council of the Slovak Republic elects a new Oversight Body. OBLIGATIONS AND AUTHORIZATION Obligations of Members of the Information Service § 7 A Member of the Information Service (hereafter "Member") is required in the fulfilment of his tasks to safeguard the honour, worth, and dignity of other persons as well as of himself, so that no harm or loss shall occur to any persons in connection with his activities. A Member shall indicate his membership in the Information Service by presenting a official pass bearing an identification number and by declaring verbally: "Slovak Information Service". (1) A Member shall be authorized by the Director to bear and use a firearm within the limits of this Law: a) in self-defence to repel an attack or imminent threat against his person, or an attack on the life of another person; b) if it is not possible to repel a dangerous attack which poses a threat to a protected premises, a locked and guarded area, or a person under protection, by other means after previous warning to curtail the attack has proven futile. (2) Before using a firearm a Member shall be required to appeal to the person against whom he is intervening to cease the illegal activity, warning that a firearm shall be used. Before using a firearm a Member shall be required to fire a warning shot. A Member shall refrain from the verbal warning and warning shot only in those cases where he himself is attacked or the life or health of another person is threatened and immediate action is required. (3) When using a firearm, a Member shall be required to take necessary precautions, particularly not to threaten the life of other persons, and moreover to spare the life of the person against whom he is using the firearm. A Member shall be required to inform his superior after having used a firearm. (1) In the fulfilment of its duties set forth by this Law, the Information Sevice shall be authorized to use special measures, which are: a) operational-intelligence measures, b) technical-intelligence measures. (2) The Information Service is required to safeguard special measures form disclosure and abuse. Operational-Intelligence Measures (1) Operational-Intelligence measures shall be understood for the purposes of this Law as: a) surveillance of persons and events, b) legally authorised alias documentation, c) the use of persons acting on behalf of the Information Service. (2) The Director, or a Member delegated by him, shall decide on the use of surveillance by the Information Service in the fulfilment of its duties within the scope of its activities. (3) Legally authorised alias documentation shall be understood for the purposes of this Law as documents and articles serving to conceal the true identity of a Member. Identity cards of representatives of the National Council of the Slovak Republic, of members of the Government of the Slovak Republic, and official identity cards of judges and prosecutors cannot be used as legally authorised alias documentation. (4) A person acting on behalf of the Information Service shall be understood for the purposes of this Law as an actual person who willingly and in a covert manner offers his services to the Information Service in the fulfilment of its tasks. (5) Details on the use and record keeping of operational-intelligence measures shall be amended by the Director. from April 4, 2003 abolished by Act No 166/2003 from April 4, 2003 abolished by Act No 166/2003 from April 4, 2003 abolished by Act No 166/2003 Authorization to request the provision of assistance, data, and information (1) The Information Service shall be authorized within the scope of its functions to request from state and other bodies, and juridical and natural persons, the provision of assistance, data, and information, which can contaribute to the understanding of facts critical to the fulfilment of the duties decreed by this Law. (2) State bodies shall be required to provide the Information Service with the assistance, data information requested, so long as they are not prevented from doing so for reasons laid down by other universally binding laws. (3) No one shall be forced to provide assistance, data, or information. In the fulfilment of the duties decreed by this Law, the Information Service shall cooperate with fovernmental and nongovernmental bodies and juridical and natural persons. The forms of cooperation shall be established by the Director. FILE REGISTRIES § 17 (1) Within the scope of its functions the Information Service shall be authorized to maintanin files in which information on subject matter and persons having a direct connection to the fulfilment of the duties of the Information Service decreed by this Law is accumulated, kept, and used. (2) Information on the conduct of adolescents less than 15 years of age cannot be entered into files. (3) In cases where information kept in the files of the Information Service is no longer required for the fulfilment of established duties, or be it for any legal reason, the Information Service shall be required to destroy the information, or store it in a way which would prevent anyone, with the exception of a court, from obtaining access to it. (4) The Information Service shall be required to ensure the information kept on file is protected from disclosure, abuse, damage, or destruction. (5) The provisions of special regulations on the protection of personal information in information systams do not apply to the information systems covered by this Law.2) (6) Specific details on the types of files, the manner in which they are maintained, and authorization for access to them shall be amended by the Director. ------------------------------------------------------------------------------ 2)Act No 256/l992 of the Code on the Protection of Personal Information in Information Systems. DAMAGE COMPENSATION § 18 (1) The State is responsible for any damages incurred by a person (heretofore simply the "Injured Party") stemming from assistance provided by the Information Service in response to the State s request or with the State s knowledge. The State shall not assume this responsibility only if it can be shown that the Injured Party knowingly caused the damage. (2) If the Injured Party has suffered damage to his health or a loss of life, mesures shall be taken in accordance with statutes on Workers Compensation. A special statute3) decrees in which cases and to what extent: a) exceptional special compensation, aside from the entitlements in accordance with the Worker Compensation statutes, is due the Injured Party, b) exceptional compensdation due the survivors of the Injured Party is to increase in accordance with Worker Compensation statutes, and when possible to award compensation to persons who are heirs of the Injured Party. (3) The Injured Party is also to be compensated for damage to articles which befell him as a result of the provision of assistance. Coincident with this, compensation for the damaged article shall take the form of returning the article to its original condition; if this is not possible or expedient, compensation shall be in the form of money. The Injured Party can be awarded compensation for expenses connected with the acquisition of a new article to replace the damaged one. ------------------------------------------------------------------------------ 3) Decree of the Government of the Slovak Republic No 54/l992 in the Code on Exceptional Special Compensation for Damage to Health or Loss of Life in Connection with Assistance Provided to the Police Corps of the Slovak Republic. The State is also responsible for damages caused by the Inforamation Service, one of its members, or an individual offering them assistance, in connection with the fulfilment of the duties decreed by this Law; this does not apply if the damage occcurred as a result of authorized measures being carried out in an unconstitutional manner by the individual who the damage. Compensation for damages in accordance with Articles l8 and l9 shall be awarded by the Information Service on behalf of the State. CONDITIONS OF EMPLOYMENT FOR MEMBERS from April 1, 1998 abolished by Act No 73/1998 from April 1, 1998 abolished by Act No 73/1998 COMMON, TEMPORARY AND PERMANENT PROVISIONS § 23 (1) Members and anyone fulfilling duties on the basis of this Law are required to maintain secrecy on the subject matter which they have learned relating to the activity of the Information Service, and which in the interest of actual or juridical persons must remain secret. (2) At the request of bodies engaged in criminal proceedings, the Director may waive a person s secrecy obligation as cited in Paragraph l. (3) The statutes on the protection of state secrets do not apply to the provisions of Paragraph l.4) ------------------------------------------------------------------------------ 4) Act No 102/1971 in the Code on the Protection of State Secrets as stated in Act No 383/1990 and 558/1991 in the Code. (1) Subject matter learned by members of the Oversight Body during the discharge of their function shall be disclosed only to the extent necessary to meet the aim of oversight in accordance with this Law. (2) Members of the Oversight Body shall be required to maintain secrecy on subject matter which they learn during the discharge of their function. The obligation to maintain secrecy remains in effect even upon completion of duties as a member of the Oversight Body, and can be waived only by the National Council of the Slovak Republic. (3) The provisions of Article 23, Paragraph 3 shall apply in the same manner to members of the Oversight Body. Act No 67/l992 of the Code on the Military Defence Intelligence Agency is annulled. This Law takes effect on the date of proclamation. signed by: Ivan Gašparovič Vladimír Mečiar |