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The Act of the National Council of the Slovak Republic
dated January 21, 1993
on the Slovak Information Service
The National Council of the Slovak Republic has passed the following Act:
§ 1
Preamble
(1) The Slovak Information Service (hereafter “The Information Service”) is hereby established. The Information Service is a general security and intelligence service of the Slovak Republic.
(2) The Information Service is a state body of the Slovak Republic which shall fulfil tasks in the protection of the constitutional establishment, public order, security of the State and interests of the State concerning the foreign policy and economy to the extent circumscribed by this act. It shall conduct its activities in accordance with the Constitution, Constitutional Laws, regular laws, and other universally binding legal regulations.
(3) In the fulfilment of its duties the Information Service is authorized to cooperate with bodies of other countries having similar competencies and scope of action, as well as international organizations.
(4) The rights and freedoms of citizens may be limited by the measures of the Information Service only to the extent and manner established by an act if such measures are necessary in a democratic society in order to protect the national security, public order, or the rights and freedoms of others.
(5) The Information Service is a non-profit organization financed from the State Budget.
(6) In the fulfilment of its duties the Information Service is authorized to use technical means and means of transport usually undercover.
PART ONE
TASKS, ORGANIZATION AND OVERSIGHT OF THE INFORMATION SERVICE
§ 2
Tasks of the Information Service
(1) Within the scope of its functions the Information Service shall collect, accumulate and analyse information on
a) Activities threatening the constitutional establishment, 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 criminal activity,
e) Terrorism, including information on involvement in terrorism activities, their funding and/or supporting,
f) Political and religious extremism, violent extremism and harmful sectarian groups,
g) Activities and threats within the cyber space if they pose a threat to the national security,
h) Illegal international people smuggling and migration,
i) Matters potentially capable of seriously threatening and/or inflicting damage upon the economic interests of the Slovak Republic,
j) Threat and/or disclosure of information and matters protected according to special regulations or international agreements or international protocols.
(2) The Information Service shall collect, accumulate and analyse information on activities arising abroad which are directed against the constitutional establishment and security of the Slovak Republic and information necessary for the implementation of its interests concerning the foreign policy.
(3) Should it be necessary for prevention of activities and threats according to Paragraphs 1 and 2 and implementation of the interests of the Slovak Republic concerning the foreign policy, the Information Service carries out adequate security measures.
(4) Within the scope of its functions the Information Service shall fulfil other duties in accordance with specific laws and tasks resulting from international agreements and accords to which the Slovak Republic is bound and tasks from agreements on cooperation with bodies and international organizations according to Article 1 Paragraph 3.
(5) 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 and its members with information significant for their functioning and decision-making.
(6) The Information Service provides information on criminal activities to units of the Police Corps¹ª and the Office of prosecution, especially on organized criminal activities. Essential information is also provided to other state bodies, if it is required to put a stop to unconstitutional or illegal activity.
(7) Collected information shall be provided only in fulfilment of the purpose stated in Paragraphs 4 to 6 and Article 1 Paragraph 3. Information according to Paragraph 6 shall be provided only under the condition that by its provision there will be no threat to fulfilment of a concrete task of the Information Service according to this Act or disclosure of sources and means of the Information Service or disclosure of identity of its members or persons acting to the benefit of the Information Service; this does not apply should the consequence of not providing the information be obviously more significant than the consequence resulting from its provision.
(8) If requested by the Information Service, the state bodies and entities provided with information by the Information Service under Paragraphs 5 and 6, except for bodies engaged in criminal proceedings, shall provide the Information Service with a written report on how the information provided by the Information Service was used and assessed on the basis of their own information and/or results of their activities, in particular whether the provided information was confirmed and in what extent, immediately after the assessment of the provided information; the Police Corps provides the report on the assessment in extent not jeopardising its operational-investigative activities.
Organization of the Information Service
§ 3
(1) The Information Service shall be headed by a Director, who will be responsible to State Defence Council for the execution of his duty.
(2) The Director of the Information Service (hereafter the “Director”) shall be appointed and dismissed by the President of the Slovak Republic on the recommendation of the Government of the Slovak Republic. The President of the Slovak Republic shall decide upon the issues of the service relation of the Director according to special regulation.1ba
(3) The State Defence Council, through his Chairman, shall issue in writing to the Information Service its tasks within the scope of its functions in accordance with Article 2 of this Act.
(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 of the Information Service, which will modify the objectives, organization and administration of the Information Service.
§ 4
(1) The Director shall present a report at least once a year on the fulfilment of the tasks set out by this Act 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.
Oversight of the Information Service Carried out by the National Council 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 Statutes of 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. conditions to use of special measures,
3. the ways and methods of maintaining files,
4. Service employment according to special regulation,1 ba
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 Act discovered by the Oversight Body during the execution of his duty; depending on the nature of the case, the Government of the Slovak Republic shall also be informed.
(5) Unless decreed otherwise by this Act, the activity of the Oversight Body and the rights and obligations of its members will be governed sufficiently by a special regulation.
§ 6
(1) At the beginning of each term in office, the National Council of the Slovak Republic shall elect members to the Oversight Body, and determine the number of members, the organization and method of work of this body.
(2) If a member of the national Council who is a member of the Oversight Body 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 standing order. 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.
PART TWO
OBLIGATIONS AND AUTHORIZATION
Obligations of the Information Service Members
§ 7
A Member of the Information Service (hereafter “Member”) is required in the fulfilment of his tasks to safeguard the honour, respect and dignity of other persons as well as of himself, so that no harm or loss shall occur to any person in connection with his activities.
§ 8
(1) A Member proves his identity to the Information Service by a service card bearing an identification number and by declaring verbally: “Slovak Information Service”. The service card is a public document.
(2) A Member while proving his identity according to Paragraphs 1 is not obliged to reveal neither his identity, nor his post, rank and he must not hand over his service card; on request he shows only the front page of the service card.
§ 9
Authorization to Bear and Use Firearms
(1) A Member shall be authorized by the Director to bear and use a firearm within the limits of this Act:
a) in essential 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 when 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.
§ 10
Authorization to Use Special Means
(1) In the fulfilment of its duties set forth by this Act, the Information Service 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 from disclosure and abuse.
§ 11
Operational-Intelligence Measures
(1) (1) Operational-intelligence measures shall be understood for the purposes of this Act as:
a) Surveillance of persons and events,
b) Legally authorized alias documentation and cover story,
c) The use of persons acting on behalf of the Information Service,
d) Covert replacement of object,
e) Simulated object ownership transfer.
(2) The Director, or a deputy delegated by him in his absence, shall decide on the use of surveillance of persons or matters in the fulfilment of the duties of the Information Service within the scope of its activities
(3) Legally authorized alias documentation shall be understood for the purposes of this Act 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 the members of the Government of the Slovak Republic, and official identity cards of judges, prosecutors, editors-in-chief, editors, moderators, employees or co-workers of periodical press or another mass media.
(4) A person acting on behalf of the Information Service shall be understood for the purposes of this Act 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) A person acting on behalf of the Information Service must not be a member of the armed security corps according to special regulation,1c publisher of periodical press, operator of another mass media, editor-in-chief, editor, moderator, employee or co-worker of periodical press or another mass media.1d).
(6) Should it be unavoidable in the interest of the protection of the constitutional establishment, public order and security of the State, the Chairman of the Security Council of the Slovak Republic shall upon recommendation of the Director decide in writing that the Information Service shall use the services provided by a concrete person as per Paragraph 5 as a person acting on behalf of the Information Service. Each and every such an exemption shall be announced in writing to the Special Oversight Committee of the National Council of the Slovak Republic for the oversight of the activities of the Slovak Information Service.
(7) Should it be necessary to replace covertly an object with another for the purpose of obtaining an information or averting of a serious harm to the national security, to interests of the State concerning the economy or to the protection of classified information, a covert replacement of the object may be effectuated after a judge of the court determined by a special regulation1da) has issued the written approval; a covert replacement of an object must not inflict a more serious harm on the said interests than a harm that would be inflicted if the object that was replaced was used.
(8) Should it be necessary to simulate a transfer of ownership to an object for the purpose of obtaining an information or averting a serious harm to the national security, to interests of the State concerning the economy or to the protection of classified information, a simulated object ownership transfer may be effectuated after a judge of the court determined by a special regulation1da) has issued the written approval; the simulated object ownership transfer shall be understood as a simulation of purchase, sale or other form of the transfer of ownership to an object for the possession of which it is required a special authorisation or to an object the possession of which is forbidden.
(9) The cover story shall be understood for the purposes of this Act as a complex of false data or complex of false and true data on a Member or a person acting on behalf of the Information Service, in particular on his identity, personal status, qualification, employment, place of permanent residence or as a complex of false data on an intelligence cover subject or on a State Property managed by the Information Service and on its real purpose.
(10) The use of a cover story has no effect on the real legal status or on legal relations of the Member, a person acting on behalf of the Information Service, an intelligence cover subject or a State Property managed by the Information Service.
(11) In addition to its use for performing missions under this Act the Information Service is authorised to use a cover story within legal relations and proceedings related to matters within the remit of the Intelligence Service according to this Act or special regulation.1db)
(12) A Member or a person acting on behalf of the Information Service is authorised, for the purpose of forming and maintaining of a cover story, to establish and operate an intelligence cover subject in the extent and manner determined by the Director.
(13) The Information Service keeps records on the use of operation-intelligence measures. Details on the use and record keeping of operational intelligence measures shall be amended by the Director.
§ 12
Specifics of the Management of the State Property
In management of the State Property which is designed for fulfilment of tasks in the area of protection of the constitutional establishment, public order, State security and secret matters, the Information Service shall in accordance with a Director's decision use specific ways of State Property management.
§ 13
Authorization to Use Special Financial Means
(1) Special financial means are assigned budget funds and revenues acquired by the use of specific ways of State Property management according to the Article 12 or from the activities of an intelligence cover subject, which the Information Service is authorized to use to cover expenses linked to fulfilment of tasks in accordance with this Act, including the expenses linked to the establishment, foundation, activities or cancelation of an intelligence cover subject by the Information Service. Special financial means are kept on a separate out-of-the budget account of the Information Service.1e)
(2) An intelligence cover subject for the purposes of this Act is a legal and physical person, an entrepreneur acting under legend to keep the activities of the Information Service or its members secret by the execution of the functions of the Information Service and by fulfilment of its duties according to this Act or to keep secret the membership of the members in the Information Service.
§ 13a
Protection of Members
The Information Service shall be authorized to provide protection of Members who execute their rights and obligations in accordance with the Act by the fulfilment of the tasks of the Information Service on the territory of the Slovak Republic or abroad.
Authorization to Require Assistance, Data and Information
§ 15
(1) The Information Service shall be authorized to the extent of its competencies to require from the State and other Bodies, legal and physical entities assistance, data and information which can contribute to clarification of facts important for the fulfilment of tasks stipulated by this Act.
(2) The Information Service shall be authorized to the extent necessary for the fulfilment of tasks stipulated by this Act to share information and personal data from the information systems of public authority bodies; data are provided and shared without consent of the aggrieved person and these persons are not informed on this fact. The public authority bodies shall grant the request submitted by the Information Service to be allowed access to and provision of information and personal data stored in their information systems.
(3) The State Bodies shall be obliged to provide the required assistance, data and information to the Information Service, unless there are any reasons preventing such a provision stipulated by other generally binding legal regulations.
(4) Nobody shall be forced to provide assistance, data or information.
§ 16
The Information Service shall cooperate in fulfilment of the duties stipulated by this Act with State and Non-state Bodies and legal and physical persons. Forms of cooperation shall be established by the Director.
§ 16a
(1) A legal or physical person operating a website or registering domain names shall, by an order of court issued on request of the Information Service according to Paragraph 3, suspend the operation of a website or block the access to a domain name if the operation of such website or domain name facilitates the propagation of ideas supporting or promoting terrorism, political or religious extremism, violent extremism or harmful sectarian groups.
(2) The order under Paragraph 1 may be issued by an authorized judge of the court determined by a special regulation.1da)
(3) The request for issuing of the order according to Paragraph 1 shall specify:
a) The person who is to be ordered to suspend the operation of a website or to block the access to a domain name,
b) Data on the website or the domain name, the operation of which or the access to which is to be prevented,
c) Data on the extent and the time limit for suspending of the website operation or for blocking of the access to the domain name,
d) Justification of the need to suspend the website operation or to block the access to the domain name.
(4) The order under Paragraph 1 shall be issued in writing and shall specify
a) The Court issuing the order,
b) The person ordered to suspend the website operation or to block the access to the domain name,
c) Data on the website or the domain name, the operation of which or the access to which is to be prevented,
d) Data on the extent and the time limit for suspending of the website operation or for blocking of the access to the domain name,
e) Justification of the need to suspend the website operation or to block the access to the domain name.
(5) The Information Service shall send the order under Paragraph 1 to the person under Paragraph 4 Sub-Paragraph b) by recorded delivery, verifiably acquainting him with unclassified part of the order in extent of Paragraph 4, Sub-Paragraphs a) to e).
(6) The order under Paragraph 1 may not be challenged by a legal remedy.
PART THREE
FILE REGISTRIES
§ 17
(1) Within the scope of its functions the Information Service shall be authorized to create and maintain 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 Act is accumulated, kept and used.
(2) Information on the conduct of adolescents less than 14 years of age cannot be entered into files.
(3) The Information Service shall be required to ensure protection of personal data processed in its information systems and information kept in file from disclosure, abuse, damage or unauthorised destruction and loss.
(4) If necessary, in the fulfilment of the duties according to Article 2 paragraphs 1, 2, 4 and for cooperation purposes according to Article 1 paragraph 3 and Article 16, the Information Service is authorised to process special categories of personal data to the extent determined by the special regulation.2)
(5) The Information Service is authorised to process personal data required for the fulfilment of the duties according to this Act without consent of the aggrieved physical entity, establish them from publically accessible information sources or establish them under cover by other means or activities. If it is required for the fulfilment the Information Service can join effectively or separate.
(6) In cases where information kept in 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 store the data in a way which would prevent anyone, with the exception of a court, from obtaining access to it.
(7) Recording established by monitoring of the publicly accessible space can be used only for purposes enacted by this Act or special regulations.2a The person monitoring a publicly accessible space is obliged to provide the Information Service on its written request video- or audio- recording produced by such monitoring if it is necessary for the purpose of the national security protection.
(8) The Director shall amend specific details on information systems and files particularly on the following:
a) the manner of their protection,
b) authorization for access to them,
c) access and data provision from them,
d) scope, manner and data destruction period within information systems and files of the Information Service.
(9) The provisions of special regulations do not apply on personal data processing by the Information Service, files and information systems of the Information Service and provision of data from them.2b)
PART FOUR
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/her health or a loss of life, measures shall be taken in accordance with statutes on Workers Compensation. A special regulation³ decrees in which cases and to what extent:
a) Exceptional special one-time compensation, aside from the entitlements in accordance with the Worker Compensation statutes, is due the Injured Party,
b) Exceptional compensation 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 and under what conditions such compensation is due Injured Party dependants.
(3) The Injured Party is also to be compensated for damage to articles which befell him/her 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.
§ 19
The State is also responsible for any damages incurred by the Information Service, a Member or a person that provided assistance in connection with the fulfilment of duties stipulated by this Act; it is not applicable if the damage was incurred as a result of justified intervention and illegal action of the Injured Party.
§ 20
Damage compensation according to Article 18 and Article 19 shall provide the Information Service on behalf of the State.
Article 21 – Article 22 have been annulled by the Act No. 73/1998 Coll. with the effect as of March 31, 1998.
PART SIX
COMMON, TEMPORARY AND PERMANENT PROVISIONS
§ 23
(1) Members and anyone fulfilling duties on the basis of this Act are required to maintain secrecy on the subject matters which they have learned relating to the activity of the Information Service, and which in the interest of physical or legal entities 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 1.
(3) The statutes on the protection of State secrets do not apply to the provisions of Paragraph 1 5)
§ 24
(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 Act.
(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 waive 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.
§ 25
Act No. 67/1992 Coll. on the Military Defence Intelligence is hereby annulled.
§ 26
This Act takes effect on the date of its proclamation.
Ivan Gašparovič v. r.
Vladimír Mečiar v. r.
1) The Act of the National Council of the Slovak Republic No. 100/1996 Coll. on Protection of the state secret, service secret, data encryption and o amendments of the Penal Code as subsequently amended.
1a) The Act of the National Council of the Slovak Republic No. 171/1993 on the Police Corps, as subsequently amended.
1b) E.g. Articles 38, 39, 44, 46, 48 and 49 of the Slovak National Council Law No. 44/1989 on the Rules of Procedure of the Slovak National Council, as subsequently amended.
1ba) The Act No. 73/1998 Coll. on Civil Service of the Police Force members, Slovak Information Service, Corps of Prison Wardens and Judiciary guards of the Slovak republic and Railway Police as subsequently amended.
1c) The Act of the National Council of the Slovak Republic No.171/1993 Coll. on the Police Corps, as subsequently amended. The Act No.57/1998 Coll. on the Railway Police as subsequently amended. The Act No. 4/2001 Coll. on the Corps of Prison Wardens and Judiciary guards as subsequently amended.
1d) E.g. Articles 3 and 11 of the Act No. 81/1996 Coll. on Periodicals and other Mass Media as subsequently amended.
1da) Article 4a of the Act No. 166/2003 Coll. on the Protection of Privacy against the Unauthorised Use of Technical-Intelligence Measures and on Amendment and Supplementation of Certain Laws (Act on the Protection against Interception) as subsequently amended.
1db) The Act No. 73/1998 Coll. on Civil Service of members of the Police Corps, of the Slovak Information Service, of the Prison Wardens and Judiciary Guards Corps and of the Railway Police as subsequently amended.
1e) Article 22 paragraph 4 of the Act No. 523/2004 Coll. on the Budget Rules of the Public Administration as subsequently amended.
2) Article 8 of the Act No. 428/2002 Coll. on Protection of Personal Data.
2a) E.g. The Act of the National Council No. 372/1990 Coll. on Offences as subsequently amended, Act No. 215/2004 Coll. on Protection of Classified Information as subsequently amended, Penal Code.
2b) Act No. 428/2002 Coll. as subsequently amended. Act No. 211/2000 Coll. on Free Access to Information as subsequently amended (Sunshine law) as subsequently amended.
3) Decree of the Government of the Slovak Republic No. 54/1992 Coll. 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.
4) Act of the National Council of the Slovak Republic No. 410/1991 Coll. on the Service Employment of the members of the Police Corps of the Slovak Republic in the wording of the Act of the National Council No.490/1992 Coll. and generally binding legal regulations issued for its implementation. The Act No. 76/1959 Coll. on some service employment of soldiers as subsequently amended.
5) Act No. 102/1971Coll. on Protection of the State secret in the wording of the Act No. 383/1990 Coll. and the Act No. 558/1991 Coll.