Federal Act of 26 June 1998 on Archiving
-
Abbreviation
:
ArchA
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Provision
:
Art. 9 et seqq. ArchA Art. 10 et seqq. ArchO
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Short description
:
Access to the federal archives
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Nature of the provision
:
Right to request data
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Status
:
In force
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Sector
:
Administration (government), archives
Legal text :
1 The archive records of the Confederation become available for consultation by the general public free of charge after the expiry of a retention period of 30 years, subject to the terms of Articles 11 and 12.
Article 10 Principles
(Articles 9, 11 and 12 ArchA)
1 Any person may consult the federal archive records after the expiry of the retention periods under Articles 9, 11and 12 of the Act.
2 The right to consult the archive records shall comprise in particular:
a.
consultation of finding aids;
b.
consultation of documents;
c.
photographic, photomechanical or digital reproduction of documents, subject to restrictions relating to their conservation;
d.
reproduction and exploitation of the information gathered, subject to requirements relating to the protection of personal privacy, especially data protection requirements.
Article 11 Fees
(Article 24, para. 1, ArchA)
1 The Federal Archives’ basic services such as help in identifying and consulting documents shall be free of charge, insofar as compatible with rational administration.
2 Extra services such as document copying shall be invoiced according to time and material resources expended.
3 The Department shall issue a fee ordinance.
Article 12 Finding aids
(Article 17, para. 3, ArchA)
1 Finding aids shall be freely accessible to facilitate the identification of archive records. The Federal Archives may develop and publish such aids for this purpose.
2 Finding aids are inventories, lists, indexes, conventional and digital files and other resources which allow access to archive records by listing or describing them.
3 Finding aids which, as such, contain sensitive personal data can only be published after expiry of the retention term. Before expiry of the retention term, publication shall only be possible on the conditions set out in Articles 11 and 13 of the Act.
Actor with an obligation to share data
Federal Archives
Beneficiaries
All
Linking criteria for Switzerland
Linking criteria for Switzerland
Financial aspects
In principle free
Binding and/or enforceable
Mandatory
Conditions for accessing data
See Art. 9 ff. ArchA and 10 ff. ArchO
Exceptions and limitations
See Art. 9 ff. ArchA and 10 ff. ArchO
Static data
Format
Not specified
Plateform
n/a
Notes
For further information: https://www.bar.admin.ch/bar/en/home.html
Compilation and Disclaimer
This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).
This index does not constitute legal advice, and no guarantee is given regarding its completeness.
Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.