Subject and Purpose (KRGV)

1. This regulation establishes the measures to be taken for the classification and archiving of documents related to government council matters, and governs the public's access to these documents.

2. It ensures, within the framework of information and data protection legislation, public access to documents related to government council matters, the protection of information not intended for public disclosure, particularly personal data, and the protection of the principle of collegiality.

3. Government council matters encompass all decisions of the government council, the documents that serve to justify the proposals, and any other documents pertinent to the matter.

1. Documents related to government council matters containing information warranting protection shall be assigned to one of the following classification categories based on the need for protection of their content

a) "Secret",

b) "Confidential",

c) "Internal".

2. Individual documents pertaining to a government council matter shall be classified and marked differently if there is a varying need for protection.

1. Documents pertaining to governmental affairs are classified as "Confidential" if their content should only be known to a very limited group of people, because

a. Unauthorized access to the information could severely impact the future decision-making process of the government council,

b. Unauthorized access to the information could severely compromise public safety or the safety of individuals,

c. The documents contain stock market-sensitive information about companies in which the canton has a stake, or

d. Unauthorized access to the information could cause severe harm in other ways.

2. Additionally, documents related to governmental affairs are classified as "Confidential" if they

a. Must be assigned to this category due to legal or contractual confidentiality obligations, or

b. Are based on documents which have been assigned a comparable classification category by foreign, federal, cantonal or municipal authorities.

1. Documents related to governmental council matters are classified as "Confidential" if

a. their disclosure to unauthorized persons would significantly impair a public authority's decision-making process or the compliant execution of specific official measures,

b. their disclosure to unauthorized persons would compromise public safety or the security of individuals,

c. they contain particularly sensitive personal data pursuant to Article 3 KDSG,

d. they include sensitive information about an individual's familial or financial circumstances,

e. they contain business, professional, or trade secrets, or

f. they pertain to administrative and appeal proceedings.

2. Additionally, documents related to governmental council matters are classified as "Confidential" if they

a. must be assigned to this category due to statutory or contractual confidentiality obligations, or

b. are based on documents that have been assigned to a comparable classification category by foreign, federal, cantonal, or municipal authorities.

1. Documents related to the Council of State's affairs are classified as "Internal" if they are neither required to be classified as "Secret" nor "Confidential," yet their content is not intended or suitable for publication due to protectable interests.

2. Documents that serve to justify the proposal to the Council of State and the formation of opinions within the Council are fundamentally classified at least as "Internal" and are not publicly disclosed. These include, in particular, the accompanying sheet approved by the responsible member of the government, any accompanying letters, as well as all co-report documents.

3. When classifying as "Internal," the principles of information and data protection legislation must be taken into account.

Documents related to government council matters that are not classified or are no longer classified following a temporary classification are public.

**The Directorates and the State Chancellery are responsible for the classification and labeling of documents related to government council matters within their respective areas. They submit proposals to the government council through the appropriate labeling of the documents.**

The Directorates and the State Chancellery determine the internal responsibility for classification and ensure the introduction and instruction of persons with access to classified documents concerning government council matters.

If multiple Directorates submit a proposal together, the leading Directorate is responsible for the classification.

1. Classification of the Government Council's business and its associated documents is done prior to scheduling by the responsible directorate or state chancellery. Documents that have not been classified do not need to be marked.

2. Documents and Government Council business classified as "Secret" must be delivered as numbered paper copies in sealed, personally addressed envelopes to the following persons

a. Members of the Government Council,

b. The State Secretary.

3. Documents and Government Council business classified as "Confidential" must be delivered electronically in IT systems with corresponding IT security measures to the following persons

a. Members of the Government Council,

b. General Secretaries,

c. The State Secretary,

d. Deputy State Secretaries,

e. The Head of the Communication Office, and

f. All employees authorized by the directorates or state chancellery for the preparation and follow-up of the Government Council meetings.

3a. Documents and Government Council business classified as "Confidential" under paragraph 3 can be delivered under the designation "Confidential/Small Distribution" only to the following persons

a. Members of the Government Council,

b. General Secretaries,

c. The State Secretary,

d. The Head of the Communication Office,

e. The Head of the Department for Government and Cantonal Council Affairs, and

f. The Head of the Central Translation Service.

4. The creation, disclosure, and accessibility of documents and Government Council business classified as "Secret" or "Confidential" must be kept to a minimum. Authorized recipients should decide on further dissemination cautiously and under their own responsibility.

5. Documents and Government Council business classified as "Internal" may be processed, transmitted, and stored within the framework necessary for the preparation and follow-up of Government Council affairs in accordance with data protection legislation. The responsible offices as per Article 7 shall determine the distribution and access permissions for their areas of responsibility.

6. The State Chancellery may establish further processing regulations in internal administrative directives.

1. Non-classified documents related to government council matters are made publicly accessible on the internet following the decision-making process.

2. The government council may, upon request from the responsible directorate or the state chancellery, order that a government council resolution classified as "Confidential" or "Internal," along with other related documents, be made publicly accessible on the internet if

a) the government council resolution is of fundamental importance,

b) all sensitive information (in particular, personal data) can be removed from the resolution with minimal effort, and

c) the essential informational content of the resolution is retained.

If the content of non-classified documents is deserving of protection for a certain period after the decision-making, an embargo on the disclosure shall be provided for.

1. The competent authorities according to Article 7 shall examine, before classifying documents related to government council matters that contain personal data, whether disclosure on the internet could pose a particular risk to the affected individuals. Disclosure should be refrained from if an affected person credibly demonstrates a prevailing private or public interest against such disclosure in advance.

2. The affected individuals can assert their rights under Articles 13 and 20 et seq. of the KDSG, in particular the right to block, the right to information, as well as the right to correct incorrect data.

1. The State Chancellery is responsible for the publication on the internet.

2. The directorates are responsible for the preparation of documents related to the business of the government council from their respective areas of responsibility for online publication. They provide the State Chancellery with the documents electronically.

1. Access to classified documents pertaining to government council matters is governed by the provisions on access to information (Art. 27 et seq. IMG; Art. 11 para. 1 and 2 of the Ordinance of 15.11.2023 on Information and Media Promotion [IMV]).

2. ...

3. If access to classified documents concerning government council matters is granted, the competent authority shall review whether the document should be declassified.

1. The State Chancellery stores the documents related to government council matters in designated computer systems. Excluded are documents classified as "Confidential," which are kept in paper form.

2. It issues directives regarding the organizational and technical measures necessary to protect classified information. In particular, it considers Articles 4 et seq. of the Data Protection Ordinance of October 22, 2008 (DSO)[[6]].

1. The State Chancellery additionally preserves the Executive Council's resolutions in paper form.

2. The archiving of the Executive Council's business is governed by the archiving legislation.

1. The following decrees are amended

1. Ordinance of 26 June 1996 on the Consultation and Co-Reporting Procedure (CCRP)[[7]](#enumeration_itemtext_content_fn_3159719_2_7_c)

2. Ordinance of 18 October 1995 on the Organization of the Government Council (Organization Ordinance GC; OrgO GC)[[8]](#enumeration_itemtext_content_fn_3159720_2_8_c)

1. The Ordinance of December 16, 2009, on the Classification, Publication, and Archiving of Decisions of the Government Council and Lectures (Classification Ordinance, KRBV) is repealed (BSG 152.17).

1. This Regulation shall enter into force on 1 October 2013.