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Unofficial translation

ACT

of 10 June 2016

on anti-terrorist activities and on the amendments to other acts

 

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Article 6. 1. In order to perform the tasks referred to in Article 3 Paragraph 1, the Head of ABW shall, fully observing the requirements of protecting classified information, maintain a register including information about:

1)     persons involved in activities on behalf of terrorist organisations or organisations connected with terrorist activities or members of such organisations;

2)     wanted persons involved in terrorist activities or persons suspected of committing offences of a terrorist nature, with regard to whom an arrest or a search warrant has been issued or a wanted letter has been decided on, as well as persons who are wanted and subject to the European Arrest Warrant.;

3)     persons with regard to whom there is a justified suspicion that they may be involved in activities aimed at committing an offence  of a terrorist nature, including persons who might present a threat to civil aviation;

4)     persons participating in terrorist training or undertaking a journey with the aim to commit an offence  of a terrorist nature.

2. The Head of ABW shall, as the need may be, convey the information referred to in Article 5 Paragraph 3, as well as information included in the list referred to in Paragraph 1 hereof, also in the form of current analyses about the possibility of the occurrence of an event of a terrorist nature to:

1)     entities referred in Article 5 Paragraph 1,

2)     other entities of public administration – within the remit of their competence.

3. The Head of ABW shall, without delay, convey to the President of the Republic of Poland, the Prime Minister, the minister competent for internal affairs, the Minister of National Defence, the minister competent for foreign affairs, the Minister Coordinator of Special Services, should such as person be appointed, information which could have significant importance on the prevention of events of terrorist nature. The provision of Article 18 Paragraph 1 of the Act of 24 May 2002 on the Agency of Internal Affairs and the Intelligence Agency is applied accordingly.

4. The Head of ABW shall specify, by means of an ordinance and with consideration of all the requirements pertaining to the protection of classified information:

1)     the scope of information collected in the register referred to in Paragraph 1 hereof;

2)     the means of maintaining the register referred to in Paragraph 1 hereof;

 

3)     the mode of obtaining information from the register referred to in Paragraph 1 hereof by entities referred to in Art 5 Paragraph 1.

 

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Article 9. 1. Officers of ABW, Police and the Border Guard are entitled to take fingerprints or record the face image of a person who is not a citizen of the Republic of Poland in case when:

1)     there is a doubt as to the identity of this person or

2)     there is a suspicion that the border of the Republic of Poland has been crossed illegally, or there is a doubt as to the declared purpose of the person’s stay in the territory of the Republic of Poland, or

3)     there is a suspicion of an intended illegal stay in the territory of the Republic of Poland, or

4)     there is a suspicion of the person’s connection with  and event of a terrorist nature, or

5)     the person may have participated in terrorist training.

2. The organ which has taken the fingerprints or recorded the person’s facial image, shall transmit to the Commander in Chief of the Police the following:

1)     image of the fingerprints or the facial image;

2)     personal data of the person whose fingerprints or facial image have been taken;

3)     information about the legal basis for taking the fingerprints or a record of the facial image.

3. The Commander in Chief of the Police:

1)     enters the transmitted pictures, images and information referred to in Paragraph 2 hereinabove in the Police data bases;

2)     makes the transmitted pictures, images and information available to the organs referred to in Paragraph 1, and allows them to be processed and updated for the purpose of the proceedings conducted by the said organs.

4. The Prime Minister shall specify, by means of an ordinance, the manner and mode of:

1)     collecting the images of the fingerprints and recordings of the facial image of the person who is not a citizen of the Republic of Poland,

2)     transmitting to the Commander in Chief of the Police the collected images of the fingerprints, the recorded facial image, and the information specified in Paragraph 2.

– bearing in mind the need to ensure efficient collection of fingerprint and facial images, as well as faithful imaging of the fingerprints and the facial images, and their transmission, without delay, to the appropriate organ of the Police.

 

Article 10. In order to perform the task referred to in Article 3 Paragraph 1, the Head of ABW may have free access to:

1)           the data and information gathered in public registers and records kept, in particular, by:

a)     the entities referred to in Article 5 Paragraph 1,

b)     ministers managing the sectors of governmental administration,

c)     Head of the Office for Foreigners,

d)     President of the Office of Electronic Communication,

e)     President of the Office for Civil Aviation,

f)     President of the National Atomic Energy Agency,

g)     Social Insurance Office,

h)     President of the Agricultural Social Insurance Fund,

i)      Financial Supervision Authority,

j)      Land Surveyor General,

k)     local authorities

– as well as organisational units subordinate to the above, or overseen by the above,

2)     the image of events recorded by image recording equipment located in public venues, by public roads and other public places, and receive free copies of the recorded image

– with all due consideration for the terms and mode specified in Article 34 of the Act of 24 May 2002 on the Agency in Internal Security and the Intelligence Agency.

 

Article 11. 1. In case of the introduction of the second or higher state of alert pursuant to Article 15 Paragraph 1, the area under the state of alert is subject to a control of the safety measures of the facilities there located. Such control of the safety measures is performed by:

1)     the Police – in facilities of critical infrastructure;

2)     Military Gendarmerie – in facilities belonging to the cells and organizational units subordinate to the Minister of National Defense or supervised by the Minister of National Defense, or administered by these cells and organisational units.

 

2. The Head of ABW may, in agreement with the minister competent for internal affairs, issue a recommendation to the Police to undertake special security measures with regard to selected facilities which would be relevant to the type of threat of the occurrence of an event of a terrorist nature. 

 

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