Regulations on Document Management in the Cantonal Administration

1 This regulation governs document management within the cantonal administration.

2 Special provisions of federal law and cantonal laws remain reserved.

3 This regulation does not govern access to official documents within the meaning of the Act on Information and Transparency of the State of 15 March 2011 (LIT).

1 For the purposes of this Regulation, documents shall mean all information, irrespective of their medium, that has been collected or produced in the performance of public duties, as well as all auxiliary means and supplementary data necessary for the understanding and use of such information.

2 Official documents within the meaning of the LIT, documents whose processing is not yet complete, and those not intended for exclusively private purposes shall also be considered as such.

1 Document management enables the effective processing of cases, ensuring in particular the documentability, transparency, security, and verifiability of administrative activity.

2 Document management allows the administration, namely

a) to efficiently use and manage information regarding its activities;

b) to have an overview of ongoing affairs and to ensure their coordination;

c) to account for its activities to the Grand Council and the supervisory authorities;

d) to enable third parties to exercise their rights to information and consultation.

3 Document management constitutes the prerequisite for the long-term preservation of the Canton's documents with archival value within the meaning of the Act on Archiving and Public Archives of 15 March 2011 (LArch).

1 Administrative units shall manage and preserve their documents in compliance with these provisions, observing the recommendations contained in the annex.

2 Documents must be complete, reliable, and preserved in such a way as to be available at all times throughout their lifecycle.

3 Documents must be classified according to a predefined and easily understandable system.

Organization and Responsibilities

1 Administrative units are responsible for organizing the management of documents concerning them and for issuing the necessary internal organizational directives. For this purpose, they designate reference employees.

2 The internal organizational directives govern in a binding manner the tasks, competencies, procedures, and means for document management, as well as security measures.

3 The senior officials of the administrative units periodically verify compliance with the internal organizational directives.

1 Only storage media suitable for document archiving may be used.

2 The central services define the technical and security standards for IT media, taking into account technological evolution.

3 The technical means employed must

a) comply with the technical standards in use at the cantonal administration in the field of office automation;

b) satisfy current security requirements, in particular those relating to IT security and the protection of personal data.

4 Before introducing new technical means, the use and archiving of documents originating from previous systems must be guaranteed.

Preservation, archiving

1 Administrative units define the methods and terms of document retention based on objective utilization needs, respecting the terms defined in federal and cantonal laws.

2 Documents that are no longer permanently used or that are no longer useful for current administrative activity must be offered to the State Archives in the manner defined by the LArch.

3 Administrative units destroy documents that the State Archives has designated as having no archival value, except when such documents

a) are anonymized, or

b) must be retained as evidence, for security measures, or to safeguard a legitimate interest of the person concerned, or

c) are retained for other reasons of public interest, in compliance with data protection provisions.

1 The Chancellery of State, in collaboration with the other departments, coordinates and controls the application of these regulations and the recommendations contained in the annex.

2 The supervisory and advisory competences of the Cantonal Data Protection Officer, the State Archives, and the Cantonal Finance Control remain reserved.

Entry into force

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2013.

Annex