Act on Records Management and Archiving (GAA) - Definitions (GAA)

1. In this decree, the following terms mean

a) Public Body: (Private entities are equated with public bodies when they perform state tasks.) An organ, authority, or service of

1. Canton;

2. Autonomous public-law institution of the canton;

3. Municipality;

4. Autonomous public-law municipal enterprise;

5. Municipal association and purpose association;

b) Competent Archive: the state archive acting for the public bodies of the canton and the municipal archives acting for the public bodies of the municipalities;

c) Record

1. Recording of the public body that pertains to the fulfillment of a state task and is contained on any information carrier;

2. Tools necessary for the understanding and use of a recording;

d) File: The entirety of the records related to a matter;

e) Record Keeping: Systematic recording of business processes;

f) Archival Value: The quality of a record based on its historical, legal, or administrative significance;

g) Archiving: The processing, storage, preservation, and dissemination of records worthy of archiving;

h) Archival Material: Records that have been assessed as archival by the competent archive and are retained permanently by it.

1. Record Keeping and Archiving Serve in Particular

a) Legal certainty;

b) Traceability of the actions of the public authority;

c) Continuous and effective administrative management;

d) Permanent, reliable, and authentic transmission of documents;

e) Historical research.

1. The canton and municipalities shall implement the necessary structural, spatial, and operational measures for the safe and permanent preservation of archival materials.

1. The State Archive is the highest specialized authority of the Canton for record keeping and archiving.

2. It may issue general technical guidelines on record keeping and archiving.

3. Technical guidelines of the State Archive related to electronic business administration are issued in agreement with the department responsible for electronic business administration.

1. The municipality maintains the municipal archive. It may, through an agreement with another municipality, establish a joint municipal archive.

2. Special municipalities may transfer their archival materials to the archive of the political municipality or another special municipality for permanent preservation.

3. The municipalities enter into an agreement.

1. The State Archive and Municipal Archives cooperate.

2. The State Archive

a) advises and supports the municipal archives in fulfilling their tasks;

b) exercises professional supervision over the municipal archives.

1. The municipality may transfer archival materials, particularly documents from the time before the founding of the canton, to the state archive for permanent preservation.

2. The municipality and the state archive shall enter into an agreement.

1. The competent archive fulfills its tasks professionally independent.

1. The Competent Archive

a) advises the public body on

1. Record keeping and management of documents;

2. Preparation for the delivery of documents to the competent archive;

b) evaluates and takes over documents worthy of archiving from the public body;

c) may take over archivable documents from other sources, particularly from private individuals;

d) ensures the archiving process;

e) provides information and access to archival materials;

f) participates in the analysis of its holdings.

1. The public authority is responsible for record management. Record management may be conducted electronically.

1bis Technical guidelines establish the requirements for electronic record management and the conversion of physical documents into electronic documents. Documents electronically recorded in accordance with these guidelines may be considered as originals.

2. The public authority ensures that the essential work steps and the outcomes of business processes are apparent from and traceable through the documents. It guarantees the authenticity and completeness of the documents. Furthermore, it takes organizational and technical measures to safeguard the documents from loss, theft, unauthorized access, and unauthorized processing.

2bis The processing of personal data, as well as particularly sensitive personal data and personality profiles, is permissible if

a) it is indispensable for ensuring proper record management, and

b) it is carried out by persons entrusted with ensuring proper record management.

3. The public authority retains the documents until the execution of the decision by the competent archive regarding their archival value.

1. The public body offers the documents, which it no longer requires for the fulfillment of its tasks, to the competent archive for acceptance.

1. The competent archive evaluates the documents and decides on their archival value after consulting the public authority.

1. The public authority destroys the documents deemed not worthy of archiving by the competent archive. It ensures their confidential destruction.

2. Subject to special statutory provisions regarding the further retention of documents.

1. The public body delivers the documents deemed worthy of archiving to the competent archive.

2. The competent archive specifically regulates

a) the processing of the documents;

b) the creation of the delivery inventory.

1. The responsible archive ensures the professional cataloging and permanent preservation, as well as the lasting maintenance and dissemination of the archival materials.

2. It guarantees the authenticity and integrity of the archival materials.

1. Archival materials are inalienable.

2. They cannot be acquired through adverse possession or in good faith. A claim for their return does not become time-barred.

1. Archival materials are freely accessible after the expiration of the protection period.

2. Documents that were already freely accessible before being delivered to the competent archive remain freely accessible.

1. Access Includes

a) Inspection of archival materials, which generally takes place on-site;

b) Information about the content of archival materials;

c) Delivery or sending of a copy of a document.

1. The standard protection period is 30 years.

2. The protection period begins to run from the date of the most recent document that is part of the transaction.

3. For archival material containing documents with data that, under the Data Protection Act of January 20, 2009, include particularly sensitive personal data or personality profiles, the protection period ends ten years after the death of the person concerned. If the date of death is unknown and cannot be determined, the protection period ends 100 years after the birth of the person concerned.

1. If there is an overriding public or legally protected private interest against access by third parties to certain categories of archival materials, the government, as well as the Cantonal Court and the Administrative Court, may extend the protection period by regulation for a maximum of an additional 20 years, and the Council may do so by regulation. The regulation of the Council is exempt from the optional referendum.

2. If, in individual cases, there is an overriding public or legally protected private interest against access by third parties to archival materials, the competent archive may extend the protection period after consulting the public body that submitted the documents.

1. The competent archive may grant access to archival material before the expiration of the protection period upon request, provided that no public or legitimate private interests are opposed or if the affected person consents to the inspection.

2. The request must be substantiated and submitted in written form to the competent archive.

3. Within the ordinary protection period, the competent archive consults the body that delivered the documents.

1. The competent archive grants the individual affected under data protection law access to archival materials in accordance with the Data Protection Act of January 20, 2009.

2. The affected individual cannot demand correction or deletion of data.

3. They can request the competent archive to note that they consider the data inaccurate, or have a counterstatement attached to the archival material.

1. The competent archive grants the public authority that delivered the document access during the protection period if the document is needed.

2. No access is granted to archival materials that contain particularly sensitive personal data or personality profiles under the Data Protection Act of January 20, 2009, except when there is an overriding public interest or with the consent of the affected person.

3. The public authority does not alter the archival materials.

1. Access to private archival material is governed by the acquisition agreement.

2. In the absence of contractual provisions, this decree shall apply accordingly.

1. Access to archived material is generally free of charge.

2. The competent archive charges a fee when

a) it provides special services;

b) the access causes considerable effort.

3. The government determines the rates.

1. Whoever intentionally

a) withholds, removes, or destroys archival materials worthy of preservation from the archiving process;

b) alters or destroys archival documents;

c) discloses information from archival documents that are subject to a protection period or have otherwise been explicitly withheld from the public;

shall be punished with a fine.

1. The government determines the commencement of this decree's enforcement.