What rights a natural person has:

A party to proceedings for the issue of a security certificate of a natural person (‘the document’) and a party to proceedings for the revocation of the validity of a security certificate shall have the right to:

  • consult and extract from the security file before taking a decision, with the exception of that part of the security file which contains classified information (Section 89c of the Act, Section 124 of the Act),
  • a party may be represented by a lawyer or another representative of his choice (Sections 92e and 92f of the Act),
  • file an appeal against a decision of the National Security Authority (hereinafter referred to as “the Authority”) issued in security proceedings (Section 125 of the Act),
  • withdraw in writing the request for the issuance of a document (Section 113(1)(a) of the Act) – only in the procedure for issuing a document,
  • request in writing that the proceedings be stayed for a period of no more than 60 days for a reason that has prevented him from participating in the proceedings for a long period of time – a stay of proceedings may be requested no more than twice (Section 112(1)(e) of the Act),
  • to challenge the bias of a public official within 15 days from the date on which he became aware of the public official involved in the proceedings; the objection must be substantiated (Section 90(3) of the Act),
  • return the security certificate (hereinafter referred to as the ‘document’) to the person who issued it, even in the event of the initiation of a procedure for revocation of the validity of the document, in which case the validity of the document will expire and the procedure will be terminated (Section 85(3)(b) f)
  • request in writing within 15 days the Office to issue a new document, if its validity has expired by reporting its theft or loss or damage (Section 85(4) of the Act).

To the extent that a party does not have the capacity to be a party to proceedings, it must be represented by a legal representative (Section 92d of the Act).

What are the duties of a natural person:

Holder of the document (Section 87(1) of the Act) shall, in particular, be obliged to:

  • surrender a document of the Office, if its validity has expired:
    • within 15 days
    • a decision of the Office to invalidate the document; filing an appeal against that decision does not have suspensive effect;
    • by reporting damage, that the entries in the document are illegible or its integrity has been breached,
  • the date of receipt of the natural person’s certificate or new document,
  • report the loss or theft of the document without delay; (This obligation is also laid down in the course of the proceedings). notify changes to the questionnaire data without delay (exhaustive list) – more detailed information on the notification of changes –

here) a fine of up to CZK 50,000 may be imposed. In connection with compliance with the obligations laid down by law, it is appropriate, in relation to the above-mentioned obligations, to point out that in the event of a breach of certain obligations, such conduct may be classified as an offence. For such an offense ( Section 148a

Section 152 of the Act ). A natural person who needs to carry out a sensitive activity after the expiry of an existing document is obliged to apply for a new document before the expiry of the period of validity of the existing document within a period of at least5 months(