Regulation of December 9, 2010, on Archiving at the Federal Administrative Court (Federal) - Purpose and Scope

This regulation governs the archiving of documents of the Federal Administrative Court and their consultation by third parties.

For ongoing cases, procedural law is reserved.

Documents that have archival value are to be archived.

The archiving of documents must enable the review of the activities of the Federal Administrative Court at a later date and facilitate accountability.

The following are archived: a. the parties' written submissions; b. the contested decision; c. the orders and interim decisions; d. the internal notes listed on the record index; e. the correspondence; f. the minutes of proceedings; g. the draft judgment; h. the written determinations of the judges and the clerk relating to the case, particularly the proposals or remarks made on the circulation sheet or in separate documents; i. the judgment; j. the documents related to an exchange of views.

Other documents, particularly those provided by other authorities, are in principle returned to their sender after the closure of the procedure.

The President of the chamber may, on a case-by-case basis, include additional documents in the file to be preserved.

Administrative acts are archived, provided they are useful to the history or development of the Federal Administrative Court, or if they present a general interest from a legal, political, economic, historical, social, or cultural perspective.

Other administrative acts are retained as long as there remains the possibility of their future usefulness. Special legal provisions relating to specific documents remain reserved.

Documents related to consultation requests are archived.

The administrative commission is responsible for issuing general instructions concerning archiving (Art. 11, para. 3, letter k of the Regulation of April 17, 2008, of the Federal Administrative Court, RTAF).

The Secretary General issues directives on archiving (Art. 15, para. 1, letter a, RTAF).

The General Secretariat is responsible for the organization and management of the archives.

As a general rule, the protection period of 30 years as provided by Art. 9 LAr is applicable.

Documents related to proceedings are subject to the 50-year protection period provided by Art. 11 LAr.

Other documents classified under individuals' names are subject to a 50-year protection period when they contain sensitive personal data or personality profiles.

Documents that were publicly accessible before being archived remain so thereafter.

The protection period generally applies to the entirety of the file or the concerned item.

The protection period for procedural acts begins from the date of the judgment. For other documents, the year of issuance of the most recent document is authoritative.

Documents added subsequently that do not contain any decisive information for the outcome of the case are not included in the calculation of the protection period.

If an overriding public or private interest, worthy of protection, opposes the consultation of documents by third parties, the administrative commission may extend the protection period for a limited time.

The Secretary General maintains a list, available to the public, of documents for which the protection period has been extended.

The consultation of procedural records during the protection period may be authorized notably when: a. the persons concerned give their consent; or b. the persons concerned have been deceased for at least three years.

The Federal Administrative Court ensures the respect of the rights of the parties and the third parties concerned.

The consultation may be restricted to a part of the records if the protection of privacy or specific secrets requires it. Documents whose consultation is authorized may be anonymized or redacted.

After the expiration of the protection period, any person may access the archives.

Consultation takes place on the premises of the Federal Administrative Court.

The consultation may be requested orally or in writing.

Requests for consultation during the protection period must be justified in writing.

When the request is made after the expiration of the protection period, the applicant may be required to justify their request if it is conceivable that the protection period might be extended (Art. 8).

The Secretary General decides on the request to consult the archives. In case of doubt, he or she shall first consult the service formerly responsible for the document in question.

The refusal or limitation of the right to consultation must be justified. Upon request, a decision subject to appeal is issued.

The consultation may be limited or subject to obligations during the protection period.

The granting of authorization does not exempt the applicant from the obligation to respect, during the use of the collected data, the protection of personal rights and specific secrets.

The applicant may be required to confirm in writing that they have acknowledged the obligations imposed on them.

Articles 82 to 89 of the Federal Act of June 17, 2005, on the Federal Tribunal apply to the means of appeal.

The services of the Federal Administrative Court allowing for the consultation of archives are free of charge, provided that they do not require extraordinary work.

Other services, particularly the reproduction of documents, are charged based on the time spent and the materials used. The Regulation of February 21, 2008, on Administrative Fees of the Federal Administrative Court is applicable.

This Ordinance shall enter into force on 1 May 2011.