Subject and Purpose

1. This law regulates the archiving of documents.

2. It serves the preservation, access, use, and communication of archived materials.

1. The law applies to all authorities as defined in § 3.

1. Authorities Within the Meaning of This Law Are

a) the authorities and offices as well as the commissions of the canton;

b) the bodies of independent corporations and institutions of cantonal public law;

c) natural and legal persons, insofar as they fulfill public tasks of the canton.

1. Documents are

a) official documents pursuant to § 4 of the Information and Data Protection Act of February 21, 2001, as well as all tools and supplementary data necessary for their understanding and use;

b) non-state origin documents that complement the state records or fill gaps in the records.

1. Documents Worthy of Archiving are those that

a) serve the rule of law and legal certainty;

b) ensure the transparency and traceability of government actions;

c) facilitate the examination of topics in science and research.

1. Archival Materials are documents that the State Archive has taken over for permanent preservation.

1. The State Archive preserves all official documents from authorities that are deemed worthy of archiving. It ensures a continuous transmission for the needs of the state, science, and culture.

2. The State Archive has the following tasks and competencies in particular: It

a) advises and supervises authorities in the management and delivery of their documents;

b) evaluates documents with regard to their suitability for archiving;

c) records and takes over documents from authorities deemed worthy of archiving;

d) takes over documents worthy of archiving from other origins;

e) organizes the documents and preserves them according to archival standards;

f) facilitates access to archival materials and participates in their evaluation.

3. The State Archive may issue directives regarding the management and delivery of documents and the use of archival materials.

1. The authorities systematically manage their documents.

2. They must periodically offer all documents that they no longer require on a constant basis to fulfill their duties to the state archive for transfer.

3. Documents to be offered also include those that

a) contain particularly sensitive personal data;

b) are subject to a special duty of confidentiality.

4. The type and scope of documents worthy of archiving are determined by agreement between the offering authority and the state archive. If the offering authority and the state archive cannot reach an agreement, the documents will be archived.

1. Documents that are no longer needed for the fulfillment of duties may not be destroyed without the consent of the State Archives.

2. The documents worthy of archiving must be delivered to the State Archives in an orderly condition.

1. Archival materials may not be altered.

2. The authority may continue to access archival materials it has delivered to the state archive.

3. Archival materials are inalienable. The governing council can provide for exceptions.

4. Third parties cannot acquire archival materials through prescription.

1. Access to archival records from authorities is governed by the Information and Data Protection Act of February 21, 2001.

2. For access to archival records of other origins, the provisions of federal legislation or the contractual agreement apply.

1. Fees according to the fee schedule shall be charged for special activities and expenses of the State Archive.

2. The State Archive is entitled to receive a complimentary copy of works that are wholly or partially based on the use of archival material.

1. A fine of up to 4,000 Francs shall be imposed on anyone who intentionally

a) removes or destroys documents that are worthy of archiving;

b) discloses information from archival material that is subject to a protection period or has been expressly removed from publication in another manner.

1. Anyone who seriously violates the rules of use will be denied access to the State Archive.

1. The amendments were incorporated into the relevant decree.

1. The Executive Council determines the commencement date. It is entrusted with the execution.