I. Foundations

1. This law governs the preservation of documents worthy of archiving, access to cantonal and communal archival materials, as well as the organization and activities of the archives of the canton and municipalities.

2. It does not apply to public-law religious communities pursuant to Art. 109 et seq. of the Cantonal Constitution (KV).

1. The archives of the canton and municipalities serve the documentation requirements of the authorities and the information needs of the general public.

2. Archiving should ensure the traceability of governmental actions, permanently secure an authentic record of the history of the canton and municipalities, and preserve the cultural heritage of Appenzell Ausserrhoden.

1. Documents are recorded information, regardless of the type of information carrier. This also includes all tools necessary for their understanding and use.

2. Archival-worthy are documents that, due to their legal, administrative, political, economic, social, scientific, or cultural significance, are important for an authentic transmission.

3. Archival materials are the documents designated by the competent archive for permanent preservation.

4. Public authority refers to those who, as an authority, official, or office holder, fulfill public tasks of the canton, the municipalities, or of public corporations and institutions.

1. Public authorities shall take into account the requirements of archiving in the management of documents, particularly when acquiring and operating electronic data processing systems.

2. Documents must be systematically organized and securely stored.

3. Unless there is a specific legal provision, documents may only be destroyed if the competent archive has deemed them not worthy of archiving.

1. Public authorities shall regularly review which documents are no longer needed for the fulfillment of their tasks.

2. All documents that are no longer needed must be offered to the competent archive for acquisition.

3. The competent archive shall determine exceptions to the obligation to offer.

1. Obligated Parties Are

a) the Cantonal Council and its bodies, excluding the factions;

b) the Government Council, its commissions and representations;

c) the cantonal administration;

d) the courts, conciliation authorities, and the public prosecutor's office;

e) the debt enforcement offices and bankruptcy offices;

f) the municipal parliament and the audit committee;

g) the municipal council, its commissions, and the municipal administration;

h) the municipal associations;

i) the corporations and institutions under public law;

j) all natural and legal persons, insofar as they perform public functions of the canton or the municipalities.

1. The competent archive assesses the archival value of the documents in consultation with the offering entity and makes the final decision regarding which documents it will accept for permanent preservation.

2. Documents not accepted by the archive are managed by the offering entities according to the regulations applicable to them.

1. Through technical, conservational, and organizational measures, the long-term preservation and usability of the archival material must be ensured.

2. The archival material must be stored in separate and suitable premises.

1. Archival material is an inalienable cultural heritage. Neither private ownership nor other proprietary rights can be established over it.

2. Existing rights to archival material of non-state origin remain preserved.

1. Documents for which there are no public or private interests of protection are accessible to the public within the framework of usage regulations.

1. Access to documents that have public or private protection interests is governed by the Information Act.

2. The competent archive decides whether and to what extent access to protected documents can be granted. In case of doubt, it seeks the opinion of the submitting entity and the data protection supervisory body.

1. Public protection interests are deemed to expire no later than 30 years after the creation of a document.

2. Private protection interests are deemed to expire no later than 120 years after the creation of a document.

3. Reserved are special provisions of superior law and differing stipulations in transfer agreements for non-governmental archival material.

1. Depositing agencies may access the archived materials they submitted in the course of fulfilling their duties, but they must not alter them.

1. If the inaccuracy of personal data is credibly demonstrated, the affected person may request that their counterstatement be attached to the archival material.

2. There is no entitlement to correction or destruction of archival material.

1. Access to archival materials is free of charge. Special services are subject to fees.

2. The use of archival materials may, in individual cases, be subject to special conditions and requirements for conservation or copyright reasons.

3. Users are liable to the community for any damage they cause during the use of the archives and archival materials.

4. Anyone who grossly or repeatedly violates the usage regulations may be excluded from further use of the archives.

5. Further details are governed by the usage regulations.

1. The State Archive is the competent archive for documents of the cantonal bodies and their legal predecessors. It serves, by agreement, as an archive for inter-cantonal institutions with the participation of Ausserrhoden.

2. It advocates for the preservation of private archives and the archives of public-law religious communities.

3. It ensures the long-term preservation, scientific processing, and dissemination of archive material.

4. In cooperation with the Cantonal Library, it ensures a coordinated documentary heritage for Appenzell Ausserrhoden.

1. The State Archive is managed by the State Archivist. It is organizationally affiliated with the Cantonal Chancellery.

2. The Government Council shall issue a usage regulation.

1. The State Archive

a) supports the cantonal authorities in document management;

b) determines the archival value of documents of the cantonal authorities;

c) ensures the secure storage and proper cataloging of its archival material;

d) operates an electronic archival system;

e) maintains a reference library and holds collections related to cultural history;

f) may acquire important archival materials of cantonal significance from third parties;

g) serves as an information center and makes archival materials accessible in an appropriate format;

h) advises municipalities on matters of archiving;

i) leads and supports research, publication, and educational projects related to cultural history;

j) collaborates technically with other archives and institutions.

1. The State Archive has access to all documents of the entities required to offer them within the scope of its duties. It issues directives on the preservation and delivery of documents deemed worthy of archiving.

2. It may access municipal archival material for research and information purposes.

3. It may enter into archive-related agreements with public and private partners.

1. Decisions of the State Archive may be appealed to the Government Council.

1. The Municipal Archive is the competent archive for documents of the municipal bodies and their legal predecessors. It may also acquire other archival materials relevant to the municipal history.

2. The Municipal Archive is under the supervision of the Municipal Council. The Council issues usage regulations and appoints a person responsible for all tasks assigned to the archive under the law.

3. The person responsible for the archive has access to all documents from the entities required to offer documents within the scope of their tasks. They issue directives regarding the storage and delivery of documents deemed worthy of archiving.

4. For purpose associations and other inter-municipal bodies, the participating municipalities shall agree on which municipal archive is responsible.

1. Municipal Archives and State Archives Ensure Coordinated Archiving.

2. The State Archive Supports Municipalities in Matters of Document Appraisal and Cataloging of Archival Materials.

1. Legal Protection in Matters of Municipal Archives is determined by the Municipal Code.

1. Whoever intentionally damages, conceals, disposes of, or otherwise removes documents designated as worthy of archiving from proper archival management shall be punished with a fine.

2. Whoever intentionally or through gross negligence violates the usage regulations or specific orders concerning the use of archival materials shall be punished with a fine.

1. The Municipal Law of June 7, 1998, is amended as follows

2. The Ordinance of November 14, 1988, concerning Archival Management is repealed.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.