General Provisions (DLZA)

This law regulates the securing, organization, and preservation of documents.

The Government Council determines the date of applicability of Article 15a paragraph 1.

1. The Archiving of Documents Aims to

a) Permanently Ensure the Traceability of Government Actions,

b) Facilitate the Research of the Cultural Heritage of the Canton of Bern in Writing, Sound, and Image for the Benefit of Future Generations and Ensure the Protection of This Heritage.

1. Documents are recorded information, regardless of the data carrier, as well as all aids and supplementary data necessary for understanding and using the information.

2. Records worthy of archiving are those documents that possess significant and lasting informational value for the objectives of archiving as per Article 2.

2a Archiving is the secure, orderly, and permanent preservation of documents deemed worthy of archiving.

3. Archival materials are documents that an archive has taken over for archiving in accordance with the provisions of this law.

4. Authorities within the meaning of this law are considered to be

a) Organs of the canton, its institutions, and its corporations,

b) Organs of the municipalities, their institutions, and corporations subject to the Municipal Law of March 16, 1998 (GG),

c) Private entities, insofar as they perform public-law tasks assigned to them.

1. This law applies to records of authorities.

2. It also applies to records of authorities that have been dissolved.

1. The documents of the authorities shall be secured, organized, and preserved to the extent that essential processes and the outcomes of governmental actions can be understood.

2. They shall be evaluated for their archival or destruction based on their significance and informational content.

3. The retention period shall be determined according to professional requirements. Special legislation shall be reserved.

1. The documents shall be organized and made accessible with the required filing systems and finding aids.

2. Filing systems and regulations regarding the appraisal, retention period, and destruction of documents must be recorded centrally and permanently in an appropriate form.

1. Digital records and paper records are considered equivalent.

2. The tools for record management, namely business management systems, specialized applications, and business controls, take into account the requirements for archiving.

1. The Authorities Ensure

a. **\*** the security, organization, and preservation of their documents in accordance with the provisions of this law,

b. **\*** the archiving, insofar as they are not subject to the offering obligation pursuant to Article 9 paragraph 1.

2. They may utilize the services of suitable companies for this purpose.

1. The following authorities shall offer their documents, which they no longer require on a regular basis, to the State Archive for archiving

a) the Grand Council and its organs,

b) the Executive Council and the commissions appointed by it,

c) *** the directorates and the State Chancellery, including the offices and departments of the central administration,

c1) *** the decentralized cantonal administration,

d) the Supreme Court, the Administrative Court, the Public Prosecutor's Office, and the cantonal judicial authorities that are independent of administration,

e) *** the University of Bern, the Bern University of Applied Sciences, and the Bern University of Teacher Education,

e1) *** the service providers designated by the Executive Council through a regulation under the Hospital Care Act of June 13, 2013 (SpVG)[[2]](#enumeration_itemtext_content_fn_3146061_2_2_c), which provide significant psychiatric care services,

f) authorities that are dissolved.

2. The Executive Council

a) *** regulates the organization, management, and retention of the documents and finding aids of the central and decentralized administration through a regulation,

b) *** may delegate its authority under letter a either wholly or partially to the directorates and the State Chancellery.

3. Persons subject to official or professional secrecy, as well as their assistants, are released from the duty of confidentiality to the extent necessary for fulfilling the obligation to offer.

4. The obligation to offer documents by the authorities pursuant to paragraph 1, letter e1 extends to the following documents

a) all documents up to December 31, 2016,

b) medical treatment records from January 1, 2017 onwards.

1. The State Archives may take over copies of documents deemed to be of archival value during the ongoing retention period.

2. The responsibility for organizing, managing, and retaining the documents, as well as safeguarding the rights of affected individuals under Articles 21 et seq. of the Data Protection Act of February 19, 1986 (KDSG), remains with the transferring authority until the end of the retention period.

3. The State Archives ensures the security of the copies it has taken over.

1. The University of Bern, the Bern University of Applied Sciences, and the Bern University of Teacher Education regulate the organization, administration, and archiving of their documents in a regulation.

2. ...

1. The Government Council issues regulations concerning minimum requirements for the organization, administration, and preservation of documents, as well as the archival management of municipalities, their institutions, and corporations subject to municipal law.

2. It may delegate this authority, in whole or in part, to the Directorate of Interior and Justice.

The Superior Court shall regulate, in agreement with the State Archive, the organization, administration, and preservation of the documents of the first and higher instance civil and criminal courts in a regulation.

The Administrative Court shall regulate, in agreement with the State Archive, the organization, administration, and preservation of the documents of the Administrative Court and the administratively independent judicial authorities in a regulation.

The Office of the Attorney General shall regulate, in agreement with the State Archive, the organization, administration, and preservation of the documents of the Public Prosecutor's Office in a regulation.

1. The authorities obliged to offer according to Article 9, Paragraph 1, Letter e1 shall regulate the organization, management, and storage of their records in a regulation.

1. Documents subject to the obligation to offer may not be destroyed without the consent of the competent archive.

2. Archives do not destroy documents without the consent of the transferring entity.

1. Personal data no longer required under Article 19 of the KDSG may be transferred to the responsible archive, provided that archiving is indicated under this law.

2. ...

3. The delivering entity may only access archived personal data

a. to protect the interests of the affected person, if they consent or if consent can be assumed under the circumstances,

b. for processing the data for a non-personal purpose according to Article 20 or under special legislation,

c. for evidentiary purposes, or

d. to trace the fulfillment of the original task, if it is necessary in the individual case.

4. If an affected person disputes the accuracy of personal data under paragraph 1, they may append a counterstatement to the records. The archive material itself must not be altered.

1. The State Archive shall in particular fulfill the following tasks

a **\* it receives, arranges, and preserves all archival-worthy documents from authorities required to offer such documents, and restores them if necessary,

b it contributes to the dissemination of historical knowledge and to historical research for the needs of the canton, science, and culture,

c it operates a restoration workshop, a library, and a reading room,

d it evaluates the documents from authorities obliged to offer them for their archival worthiness,

e it advises these authorities and issues directives to these entities regarding the delivery of documents and finding aids,

f **\* it is authorized to inspect the organization and management of documents at the authorities required to offer them and to conduct surveys on the condition of the documents,

g **\* it may advise other authorities and individuals on matters of archiving and archival management,

h it may accept and preserve archival-worthy documents from other sources, provided they are documents significant to the history of the Canton of Bern.

2. The governing council shall regulate the details concerning the tasks and organization of the State Archive by decree.

1. The Canton provides a digital long-term archive (dLTA) in which the responsible authorities archive data from applications jointly used by the Canton and the local municipalities and mixed municipalities. It shall

a) finance the establishment of the dLTA,

b) charge the municipalities for the operating costs and further development in accordance with the extent of their usage.

2. The dLTA is available to the local municipalities and mixed municipalities for the voluntary archiving of their data not covered under paragraph 1, provided the data meet the delivery requirements. These municipalities shall bear all costs associated with their connection to and use of the dLTA.

3. The Canton may make a dLTA available for voluntary use to other municipalities and public-law entities according to Article 2 paragraph 1 GG. They shall bear all costs for the establishment, their connection, and the use.

4. The Government Council shall issue the implementation provisions. It shall specifically regulate the requirements for the delivery of data.

1. The archival materials of the authorities are available to the public for inspection in accordance with the provisions of the Act of November 2, 1993, on Information and Media Promotion (IMG) as well as the Data Protection Act.

2. Public access to archival materials of other origin is governed by the relevant transfer agreements or, if no transfer agreement is available, mutatis mutandis in accordance with paragraph 1.

3. Documents that were already publicly accessible before delivery to the competent archive shall remain publicly accessible.

1. Documents that are not available for public inspection pursuant to Article 16, paragraph 1, shall be freely accessible after the standard protection period of 30 years has elapsed. This is subject to Article 18 as well as specific confidentiality obligations under federal and cantonal law.

2. The 30-year period begins to run from the date of the last processing of a dossier or the relevant document.

1. Documents containing personal data, whose accessibility is restricted or excluded under Article 16, paragraph 1, shall be made available to the public for inspection three years after the death of the individual, provided that the standard protection period has expired.

2. If the date of death of an individual is unknown, the documents shall be made available to the public for inspection starting from the 110th birthday year of the affected individual, provided that the standard protection period has expired.

3. Archival material that is older than 110 years is freely accessible.

4. The accessibility of documents as outlined in paragraphs 1 to 3 remains restricted or excluded insofar as a special confidentiality obligation under federal or cantonal law requires it.

5. The period mentioned in paragraph 3 begins from the date of the last processing of a dossier or the related document.

1. If access to archive materials requires a release from a specific duty of confidentiality, the authority responsible for the release from this duty shall decide in this regard.

2. After the expiration of the period specified in Article 18, Paragraph 3, it is presumed that no specific duties of confidentiality remain.

1. The transferring body may continue to use archival materials that it has delivered to an archive. Article 14 paragraph 3 remains reserved.

1. An archive may disclose personal data during the ongoing protection period for a non-personal purpose, specifically for research, practical training, statistics, or planning, if the conditions set out in Article 15 KDSG are met. This is subject to specific confidentiality obligations under federal law and cantonal law.

1. Access to certain categories of archival materials may be restricted for conservation reasons or due to disproportionate effort.

1. Examination of archival materials is generally free of charge.

2. A fee may be charged for special services.

3. Exceptions are subject to differing provisions of federal law.

1. The archival materials of the authorities are inalienable.

2. They cannot be acquired by prescription or in good faith.

3. The right to demand their return is not subject to a statute of limitations.

1. The use of archival materials of the authorities for commercial purposes requires a permit from the competent archive.

2. The permit may be contingent upon a contractual agreement regarding the extent of use and possible profit-sharing.

3. It is not required if the archival material is subject to an open license according to Article 26 DVG.

1. The competent archive is entitled to receive a complimentary copy of works or publications that are substantially based on the use of its archival materials.

1. **The Canton may grant state contributions to research institutions of national significance to promote the objectives as per Article 2, in accordance with Article 15 of the Federal Act on the Promotion of Research and Innovation (RIPA) of December 14, 2012.**

2. **Contributions under paragraph 1 are granted only to research institutions of outstanding importance for the Canton.**

3. **The provisions of the state contributions legislation apply, insofar as this law does not contain specific provisions.**

1. The canton grants contributions generally only if

a) there is a demonstrated financial need,

b) the recipient makes reasonable personal contributions, and

c) the federal government, other public bodies, or additional third parties contribute to the financing to a comparable extent.

2. The awarding of a contribution is subsidiary and is generally limited to a maximum of 50 percent of the eligible costs.

3. There is no legal claim to the granting of contributions under this law.

1. The Canton grants contributions typically through a public-law performance contract.

2. The Government Council issues the necessary implementing provisions, particularly regarding the prerequisites, assessment basis, and the amount of contributions.

3. The granting of contributions is subject to the ordinary expenditure powers.

1. Any person who intentionally damages, conceals, sells, destroys, or otherwise removes from proper archiving any document deemed worthy of archiving shall be punished with a fine.

2. Any person who intentionally discloses personal data from archived material that, according to Article 18, is not publicly accessible and which they were permitted to inspect for non-personal purposes, shall be punished with a fine.

1. The Executive Council issues the necessary implementing provisions, particularly concerning

a) the archiving of documents,

b) the management of digital records,

c) the duties and organization of the State Archives,

d) ...

e) the archiving of documents by private entities insofar as they are entrusted with public tasks,

f) the access restrictions to archival materials in accordance with Article 21,

g) the fees for special services.

1. The following enactments are amended

1. Law of November 2, 1993, on the Information of the Public (Information Law, IG)

2. Data Protection Law of February 19, 1986 (DPL)

3. Municipal Law of March 16, 1998 (ML)

1. The government council determines the date of entry into force.