Ordinance on the Act on Records Management and Archiving (VAA) - Record-Keeping Entities (VAA)
Table of Provisions (19)
Statutory Text (19 Articles)
1. Authorities shall designate the record-keeping entities within their jurisdiction.
2. Each record-keeping entity shall appoint a person responsible for record management.
1. Filing offices establish an organizational system for their documents, which divides the documents into file groups. At a minimum, the following must be regulated for each file group
a) the mandatory form of the documents according to Article 3, paragraph 1;
b) the retention periods and retention rules;
c) the system or application used;
d) the method of cataloging.
1. Record management may be conducted in paper-based, digital, or mixed forms.
2. For archiving purposes, the selective extraction of documents worthy of archiving from the systems used must be ensured. Simplification of the documents is permitted.
3. Standards interfaces are to be used for archiving whenever possible.
4. For paper-based documents, archive-quality paper must be used. The storage areas of authorities must be housed in rooms that ensure the documents remain in good and orderly condition throughout the retention period.
1. Digital versions of records submitted in paper form shall be considered originals, provided they are transferred into a digital format through a uniformly regulated digitization process upon receipt and transmitted into the authority's administrative system.
2. During the conversion into digital form, it must be ensured, according to the state of the art, that the digital document corresponds with the paper document and cannot be altered without detection.
3. The Department of Finance and Municipalities shall issue detailed instructions, involving the affected entities, regarding the uniformly regulated digitization process, as well as the temporary storage and destruction of records submitted in paper format.
4. The authority shall document in organizational regulations the individuals responsible for digitization, the documents exempt from digitization and destruction, and the retention period for the documents.
1. The record-keeping entities shall offer their documents with expired retention periods to the competent archive at least every five years.
1. Authorities shall deliver deposit copies to the competent archive
a) of official publications or other publications of documentary value that they publish;
b) of any publication they have co-produced or financially supported.
1. As a general rule, documents taken over for archiving shall be archived in the form in which they were managed by the record-keeping office.
2. Conversions from digital to paper-based form and vice versa are permissible. In particular, documents related to an administrative matter should, if possible, be archived in only one form.
1. The transferring entity shall arrange the documents into a form suitable for archiving before transfer. Digital documents must be presented in archival-compatible formats and be accompanied by descriptive elements necessary for their understanding and archiving.
2. The transferring entity is responsible for the transportation of documents to the archive.
3. Along with the documents, the corresponding finding aids or directories must be delivered. Each transfer must include a transfer list that summarizes the transferred documents with details of the subject, period, and quantity.
4. The state archive issues technical directives for the preparation of transfers.
1. Archive Rooms and Archive Systems must ensure the protection of archival materials against natural hazards, fire, water, burglary, and theft, as well as against unauthorized access. The room climate must be consistently maintained to ensure the long-term preservation of the archival materials.
2. Digital archival materials are periodically checked for completeness and readability. The necessary measures for data preservation, particularly format migration and media changes, must be planned as part of inventory maintenance.
1. A temporary loan of archival materials for exhibitions or to competent institutions and individuals is permissible. It must be ensured in each case that the archival materials are stored properly and sufficiently secured at the location of the loan.
1. The Right of Access Includes
a) Consultation of the finding aids (indexes);
b) Consultation of the documents;
c) Independent reproduction of the documents by transcription or photography;
d) Reproduction and further use of the obtained information, particularly in publications.
1. The use of an archive must be possible upon request within a period of seven days.
2. Archive users must identify themselves upon request and disclose the purpose of their research.
3. Archive users are generally not allowed to remain unsupervised in the archival storage rooms.
4. Archive users must provide the archive with a complimentary copy of any publications that are wholly or partially based on their archival research.
5. For conservation reasons, collections may be restricted from use for a limited period.
1. The authority responsible for an archive shall issue rules of use.
**1. Applicants wishing to access archival materials concerning themselves shall be granted access without further conditions, provided that the relevant archival documents can be identified using the finding aids and that no particularly sensitive personal data of third parties is involved.**
**2. If third parties' personal data is involved, such data will be anonymized, provided this is compatible with efficient administrative conduct. Otherwise, the application for access shall be processed in accordance with the procedure outlined in Article 15.**
1. Authorities that need to access archival materials they have submitted to the archive to fulfill their duties are granted access through an informal procedure.
1. Requests for access to archived materials under protection periods must be submitted in writing with justification to the competent archive. The respective archived materials should be specified as precisely as possible. The decision will be made within 21 days.
2. The access procedure until the decision by the competent archive is free of charge.
3. The decision regarding access will be based on a balancing of interests, particularly according to the following criteria
a) The current relevance and significance of the research project underlying the access request;
b) Protection of the privacy of third parties, especially living persons;
c) Public interests in security and order;
d) Private interests in preserving professional, business, or trade secrets.
4. The approval of an access request may be subject to conditions, particularly for the anonymization of individuals mentioned in the utilized archived materials.
1. The authority responsible for an archive shall designate a person responsible for the archive, who must be reported to the state archive.
1. If administrative bodies with archival responsibility dissolve or merge with other administrative bodies, the future status of the archive must be regulated.
2. The existing archival material is to be transferred to an existing public archive.
1. Archives in the canton shall be inspected periodically by the state archive, but at least every seven years.
2. The results of the inspections and the measures to be taken shall be communicated to the inspected archives for implementation.
3. In cases of deficiencies that remain unaddressed for an extended period, the state archive may submit a request to the government, which can order their rectification at the expense of the responsible authority.