2. Protection and security of diplomatic missions
The Czech Republic ensures the security and protection of diplomatic missions in accordance with the Vienna Convention on Diplomatic Relations(1) and other relevant treaties (the Vienna Convention on Consular Relations(2) and host country agreements). The Vienna Convention on Diplomatic Relations
requires the receiving State to protect the premises of the mission(3) against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
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(1) Article 22, Article 30, paragraph 1 and Article 31, paragraph 3 of the Vienna Convention on Diplomatic Relations (Journal of Laws No. 157/1964).
(2) Vienna Convention on Consular Relations – Journal of Laws No. 32/1969.
(3) The „premises of the mission“ are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission (Article 1 (j) of the Vienna Convention on Diplomatic Relations).
2.1 Permanent security coverage
The Senior Officials Protection Department of the Czech Republic Police’s Protection Service (“Protection Service”) provides security coverage to all diplomatic missions, consular posts and international organizations that are entitled to the protection of the receiving State. The security coverage is provided on a 24-hour basis. Normally, the mission and its immediate neighbourhood is checked by mobile patrols at irregular intervals. Police liaison officers are in telephone contact with the mission on a 24-hour basis.
The Protection Service consistently monitors and assesses the security situation in the Czech Republic and worldwide, and of its implications for each mission. Changes are analyzed and the security coverage upgraded if necessary to respond to security concerns (e.g. mobile patrols may check the area more often, or on-site police presence may be provided for as long as strictly necessary). If the mission has any indications that it might need increased security coverage, it may request a revision. The request must be presented to the Diplomatic Protocol in the form of a verbal note (to speed up the process, missions are recommended to send the note by fax to 224 182 073). The Protection Service will assess the risks and inform the mission, through the Diplomatic Protocol, about the resulting changes of security coverage.
In exceptional justified cases, the Protection Service may provide personal protection to individual members of the mission (as a rule to the head of mission). It may also provide 24-hour protection for the premises of the mission.
2.1.1. Relocating a chancery or residence
To enable the Czech Republic to take all appropriate steps to protect the premises of the mission as required by the Vienna Convention on Diplomatic Relations, a diplomatic mission, consular post or international organization preparing to relocate its chancery or residence must announce the new
address to the Diplomatic Protocol well in advance. The Diplomatic Protocol, in cooperation with the competent authorities, will consider whether the new property is suitable for the purpose namely in terms of security, transport accessibility and operational needs. The new property cannot be recognized as premises of the mission in terms of the Vienna Convention on Diplomatic Relations without the consent of the receiving State, conveyed to the mission through the Diplomatic Protocol.
It is important to note that on approving the relocation, the Diplomatic Protocol will not automatically change the mission’s address in the Diplomatic List. The mission must first send to the Diplomatic Protocol a verbal note formally announcing the date on which the change of address takes effect.
2.2. Temporary security coverage
2.2.1 Police assistance provided at the request of a diplomatic mission, consular post or international organization (National Day receptions, election days, opening of condolence books, etc.)
Diplomatic missions, consular posts and international organizations may request the Protection Service to assist during events that are likely to involve a heightened security risk (typically when large numbers of people are expected to gather - National Day receptions, social events held during visits of top-level representatives, election days during which expatriates cast their vote at the mission).
The Protection Service considers each request in the light of the current security situation of the mission.Requests for assistance during National Day receptions are as a rule granted. Less important events get police coverage only when the security situation demands it.
The police assistance consists in controlling the outer perimeter and assisting during the arrival and departure of guests.
Requests for the reservation of a guest parking area must be directed to the traffic department of the District Office in the district where the venue is located. The mission must submit the request at least three (3) weeks before the event, because the parking area must be marked off not later than seven (7) days before the event.
The above rule applies also when the mission needs to reserve parts of a public road for purposes such as parking of removal vans, or gatherings organized to mark important anniversaries.
The Diplomatic Protocol and the Protection Service are not responsible for any formalities necessary for the reservation of temporary parking areas.
How to request temporary police assistance
- The mission must send to the Diplomatic Protocol a written request, in the form of a verbal note, at least five (5) working days before the planned event. The Diplomatic Protocol urges the missions to observe this deadline – otherwise, the police assistance may be limited or the request may be refused.
- The request must include as many details as possible, above all the date, hour, venue and purpose of the event, the number of invited guests and the ranks/positions of the most senior guests.
- The Diplomatic Protocol forwards the request to the Protection Service. The Protection Service will contact the mission to agree on details of the assistance. If the Protection Service decides to refuse the request, it will inform the Diplomatic Protocol and than the mission concerned is informed about it.
2.2.2. Police assistance provided on the initiative of the receiving State (public assemblies and similar events)
According to the Convention for the Protection of Human Rights and Fundamental Freedoms(4), everyone has the right to freedom of peaceful assembly. No restrictions can be placed on the exercise of these rights other than such as are prescribed by law and are necessary in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection
of the rights and freedoms of others. These provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are reflected in the Charter of Fundamental Rights and Freedoms(5) which states that assemblies must not be made conditional on the consent of a public authority (the “principle of notification”).
When the Diplomatic Protocol learns from the competent authorities of the Czech Republic (as a rule from the Prague City Hall) that a public assembly (such as protest rally) is to be held in an area where one or more missions are located, it immediately requests the Protection Service to take adequate steps and protect the mission(s). A copy of the request is sent for information (as a rule by fax) to the mission(s) concerned.
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(4) Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Constitutional Act 162/1998.
(5) Article 19 of the Charter of Fundamental Rights and Freedoms, Constitutional Act No. 162/1998.
2.3. Theft of or damage to the property of the mission
The mission must take adequate measures to protect its own or leased property, e.g. engage a private security service or install a camera or intruder detection system (for details on camera systems see below).
Theft of or damage to the property of a diplomatic mission, consular post or international organization must, first of all, be reported to the local department of the Czech Republic Police which will initiate the investigation. Theft of or damage to leased property must also be reported to the lessor or landlord.
Contacts details – protection and security
During working hours:
Protection Service – liaison officers (7:30 – 15:30 hrs.; Czech/English)
tel: 233 335 708
Protection Service hotline (Czech)
Operations Centre
tel: 233 335 711
Security coverage (public assemblies, etc.; Czech)
tel: 257 534 980
Czech Republic Police hotline (crime, theft; Czech)
tel: 158
Outside working hours and on Saturdays, Sundays and public holidays:
Protection Service hotline (Czech)
tel: 233 335 711, 257 534 980
Ministry of Foreign Affairs of the Czech Republic - Operations and Information Centre (24-hour service, Czech, English)
tel: 224 182 425, 224 182 837
Nonstop
European emergency number (Czech/English/German)
tel: 112
Czech Republic Police hotline (Czech)
tel: 158
2.4. Camera systems
Camera systems are commonly used to protect the security of diplomatic missions, consular posts and offices of international organizations. Their use in the Czech Republic is subject to the following rules.
According to the European(6) as well as the Czech(7) legislation, the use of a camera system with recording function to identify persons and to record their conduct constitutes the processing of personal data. Accordingly, it is necessary to bear in mind the following basic rules that apply to data processing operations:
Protection of the premises of diplomatic missions, consular posts and international organizations is regarded by the Czech Republic as a fully legitimate and lawful purpose of personal data processing. In cases where a camera system with recoding function serves strictly this purpose, i.e. if covers public
areas only insofar as necessary, the operation of the system and related personal data processing will not require the consent of persons concerned (data subjects)(8).
The Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations and international treaties concerning the immunities of international organisations recognize the right of missions to ensure the security of their premises, subject to the laws and regulations of the receiving
State. An appropriately designed camera system with recording function may be recognized as a means of processing the personal data necessary for the exercise of the rights of diplomatic missions, consular posts and international organizations and of other persons concerned. In the opinion of the
Czech Republic’s Office for Personal Data Protection, such processing of personal data is not subject to the notification obligation established in Section 16 of Act No. 101/2000 concerning the protection of personal data and amending some other acts(9). However, basic information on such processing must be published in a way enabling remote access.
In order to be recognized as an appropriate and proportionate measure, a camera system with recording function used for the protection of the premises of diplomatic missions, consular posts and international organizations must be set up to cover only a limited and necessary part of the public areas in the neighbourhood, e.g. the cameras must not be pointed at the windows of neighbouring buildings.
In order to be recognized as an appropriate and proportionate measure, a camera system with recording function used for the protection of the premises of diplomatic missions, consular posts and international organizations must be set up to cover only a limited and necessary part of the public areas in the neighbourhood, e.g. the cameras must not be pointed at the windows of neighbouring buildings.
Even in cases where personal data are collected for legitimate purposes such as the protection of persons and property, their processing must be as transparent as possible. Areas under surveillance, especially within the premises of diplomatic missions, consular posts or international organisations, should at least be marked with a pictogram of a camera, with instructions on how to obtain further information on the surveillance, as required by law (e.g. a contact person who will provide further information on request)(10). Basic parameters of data processing must be published in a way enabling remote access, e.g. on the Internet. Published information should include the purpose for which the personal data are processed, categories of data processed, potential recipients and the retention period(11).
A major factor in deciding whether the use of a camera system with recording function is appropriate, proportionate and lawful is the data retention period. The period must be proportionate to the purpose for which the camera system is used. If the recording does not capture a security or other incident and the diplomatic mission, consular post or international organisation has no other reason or interest to retain it, the appropriate retention period is up to five weeks, taking into account the specificity of the protected interests and personal and technical capacities of missions.
Attention must be paid to the securing of recordings and their transmission, in order to prevent deliberate or accidental access by unauthorized persons or misuse of personal data for purposes other than the protection of rights and lawful interests of the diplomatic mission, consular post or international
organisation.
Additional details on the legislation applicable to the processing of personal data collected by means of camera systems with recording function is available at the website of the Office for Personal Data Protection (www.uoou.cz). Consultations or explanations regarding the above instructions will be provided by the Public Relations Department of the Office for Personal Data Protection; meetings with the department’s director can be arranged using the contact details below.
Contact details – camera systems
Office for Personal Data Protection
Public Relations Department
Jiří Žurek, Director
tel: 234 665 236
e-mail: jiri.zurek@uoou.cz
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(6) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
(7) Act No. 101/2000 concerning the protection of personal data and amending some other acts.
(8) These cases fall under Section 5, paragraph 2(e), of Act No. 101/2000 concerning the protection of personal data and amending some other acts.
(9) In this case, an exemption from the notification obligation applies in accordance with Section 18, paragraph 1(b) of Act No. 101/2000 concerning the protection of personal data and amending some other acts.
(10) The categories of information to be provided are defined in Section 11, paragraphs 1 and 2, of Act No. 101/2000 concerning the protection of personal data and amending some other acts.
(11) For details see Section 18, paragraph 2, of Act No. 101/2000 concerning the protection of personal data and amending some other acts.
2.5. Cyber security
Diplomatic missions, consular posts and offices of international organizations are fully responsible for the secure operation of their websites and e-mail addresses. To protect themselves against cyber attacks, they should maintain up-to-date antivirus software and security settings designed to eliminate common viruses and malware and to thwart targeted attacks on websites and e-mail addresses.
Suspected cyber attacks targeting official websites or e-mail addresses of diplomatic missions, consular posts and offices of international organizations must be reported to the Czech Republic Police as soon as possible.
Contact details - cyber security
Czech Republic Police, Prague Regional Headquarters
Criminal Police and Investigating Service
Analyses Department
Address: Kongresová 166/2, 140 21, Praha
tel: 974 826 315, fax: 974 826 331
e-mail: krpa.skpv.oa.podatelna@pcr.cz
Missions located outside Prague may contact their regional Czech Republic Police Headquarters.