Law On The Protection And Use Of Archival Documents Of The Federal

Original Language Title: Gesetz über die Sicherung und Nutzung von Archivgut des Bundes

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Read the untranslated law here: http://www.gesetze-im-internet.de/barchg/BJNR000620988.html

Law on the protection and use of archival documents of the Federal (Federal archive law - BArchG) BArchG Ausfertigung date: 06.01.1988 full quotation: "Federal archive law of 6 January 1988 (BGBl. I S. 62), most recently by article 4 paragraph 38 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 4 para 38 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 15.1.1988 +++) (+++ changes due to EinigVtr cf. § 2 +++) § 1 the archival documents of the Federal Government is to secure by the Federal Archives in the long term, can be used to make and to utilize scientifically.

Section 2 (1) the constitutional institutions, authorities and courts of the Federal Government, the federal authorities, institutions and foundations governed by public law and the other bodies of the Federation have all documents you no longer need to fulfil their public tasks including maintaining the security of the Federal Republic of Germany or one of its members, the German Federal Archives or in cases of paragraph 3 the competent provincial archives to the takeover offer and , if documents of lasting value in the sense of article 3 is, as to pass Federal archival. Documents, which Offenbarung would be contrary to the letter, postal or telecommunications secrecy shall be exempt from the obligation to provide. Legislation of the Federal Government, by other agencies pursuant to § 1 transfer duties are, remain unaffected.
(2) the legislative bodies decide whether documents are offered and passed within its own jurisdiction.
(3) documents by subordinate bodies of the Federation, whose local Zuständigkeit does not cover the entire scope of this Act, are to provide the competent provincial with the consent of the competent Supreme Federal Authority and passed when maintaining protection worthy concerns third parties within the meaning of paragraph 4 and of articles 4 and 5 by State law is ensured. The competent Supreme Federal Authority can provide such documents to the Federal Archives and pass, if this is a vested interest of the Federal Government.
(4) to offer and pass are also documents that 1 subject to § 30 of the tax code, § 35 of the first book of the social code, section 32 of the Act on the Deutsche Bundesbank, or the article 9 of the law on banking, or 2 are subject to other than the legislation referred to in paragraph 1 of the Federal Government about secrecy.
The Federal Archives has the transfer as well as the issuing authority to take into account the legitimate interests of concerned; in particular, has to consider, that apply to the issuing authority the regulations concerning the processing and backup these documents documents with personal information in the performance of his duties.
(5) as far as constant value within the meaning of § 3 comes to uniform documents, incurred in large numbers, nature and extent of the documentation to pass the relevant archives by agreement with the authorities referred to in paragraph 1 in advance in principle to set are. Machine-readable data carriers, the form of the provision of data is in addition to agree; She has the generally accepted rules of technology to suit. Such documents, which have been offered to the relevant archive, are adopted within a period of four months, the offering place for a further storage of the documents is not required.
(6) documents, which are according to the bodies referred to in paragraph 1 and of the competent archives of apparently minor importance, do not need to be offered.
(7) the obligation for the destruction of documents legislation remain unaffected.
(8) documents within the meaning of this law are files, documents, maps, plans, as well as carrier of data -, image -, film -, sound - and other records which are adult or transferred their property, or to use have been left to the bodies referred to in paragraph 1 of the Covenant, when the German Democratic Republic, when the occupation zones, the German Empire or German Federal.
(9) documents within the meaning of this law are the Socialist Unity Party of Germany, the organizations associated with this party and legal persons, as well as the mass organizations of the German Democratic Republic also, so far as they concern the exercise of public functions. This is true also for other parties and these parties affiliated organizations and entities of the German Democratic Republic. (10) the Federal Archives advises the authorities of the Federal Government in managing its records referred to in paragraph 1.

§ 2a (1) under the name "Foundation archive of parties and mass organizations of the GDR" a dependent Foundation of under public law will be built in the German Federal Archives. The Foundation is created by Decree of the Federal Minister of the Interior.
(2) the Foundation has the task to take documents of bodies according to section 2 paragraph 9, to secure in the long term, to harness and supplement. The same applies to other documents, materials and library holdings to German history, in particular to the history of German and international labor movement, which historical or appeals related.
(3) documents are to be transferred as the endowment of the Foundation according to section 2 paragraph 9. For other documents, materials and library holdings are separate agreements to close with the owners.
(4) the term of protection referred to in article 5, paragraph 1, sentence 1 of 30 years shall not apply to the holdings of the Foundation. In addition, the use of documents of the Foundation in accordance with § 5 par. 1 is last to regulate set, as well as in paragraphs 2, 5 and 6 in the Decree.

§ 3 the Federal Archives decides in consultation with the offered job whether constant value for research or understanding of German history, securing legitimate concerns of citizens or providing information for legislative, administrative or case-law comes to the documents.

§ 4 (1) claims of data subject to destruction of the personal information concerning him or her remain unaffected.
(2) information in the archive to his person is the persons concerned upon request to grant data it contains, as far as the archive is accessible through the person's name. Instead of information, the Federal Archives can provide inspection.
(3) is determined that personal information is inaccurate, to note this in the documentation or to hold any other way. An affected party denies the accuracy of personal information, the possibility of a reply is him to give. The competent archives is obliged to add the reply to the documents. The reply may be required even by heirs of the person concerned, if they claim a legitimate interest.

§ 5 (1) the right to use archival documents of the Federation from a time when more than 30 years ago, everyone at the request of entitled to, unless otherwise provided by legislation. Further statutory rights and special arrangements in favour of owners of private archive material shall remain unaffected.
(2) archival material of the Covenant, which refers to natural persons, may be used by third parties only 30 years after the death of the person concerned. Is not the year of death or to determine without unreasonable effort that ends the protection period of 110 years after the birth of the person concerned.
(3) archival material must be used according to § 2 para 4 until 60 years after emergence. This term does not apply to documents from the time before May 23, 1949, using for the conduct of certain scientific research or to carry out legitimate concerns is required.
(4) the terms of protection of the paragraphs 1 to 3 do not apply to such documents that had already been allocated as they accrue to the publication. The same applies to archival unless it already has frankly an access to information before passing it to the German Federal archive or the archives of the legislative bodies under the Act of freedom of information.
(5) the term of protection may be reduced under paragraph 1 sentence 1, as far as paragraph 6 does not preclude the. The protection periods may be shortened under paragraph 1 sentence 1 and paragraph 2, if the consent of the person concerned. The consent of the person concerned is not available, the protection periods can be shortened sentence 1 and paragraph 2 referred to in paragraph 1, if using for a scientific research project or to carry out legitimate concerns is essential, which lie in the vast interests of another person or place and any interests worthy of protection can be excluded by appropriate measures, in particular by submitting anonymised reproductions of. For people of contemporary history and public officials in the performance of their duties protection periods can be shortened sentence 1 and paragraph 2 referred to in paragraph 1, if the legitimate interests of the person concerned are appropriately taken into account. The protection periods may be extended 1 sentence 1 and paragraph 3 referred to in paragraph by not more than 30 years, as far as this is in the public interest. Originated the archival material at a site referred to in article 2, paragraph 1 of the Federal Government, requires the shortening or lengthening the terms of protection of consent here.
(6) the use is not allowed as far as 1 reason of adoption is that it jeopardizes the welfare of the Federal Republic of Germany or one of its members, or 2 there is reason to believe, that protection concerns preclude third parties, or 3.
jeopardizes the conservation status of an archive group, 4. a not acceptable administrative burden would arise, or 5 the obligation of secrecy would hurt according to § 203 paragraph 1 to 3 of the Penal Code or other laws of the Federal Government about secrecy.
(7) the use of documents, which have inferior to the secrecy obligation according to article 203, paragraph 1 or 3 of the Penal Code can be limited or failed as far as this is necessary to maintain protection worthy concerns of interested parties. This applies also for documents pursuant to paragraph 3 the use of documents that are older than 30 years and are subject to the available violence of the entities referred to in article 2, paragraph 1, paragraphs 1 to 7, according to apply set 2 (8). This does not apply to documents which are applied according to § 2 para 5 and 6 from the Bundesarchiv.
(9) the linking of personal data is allowed only when sensitive issues of concerned are not affected.

§ 6 (1) that is competent Member of the Federal Government for matters of culture and the media empowered to adopt fees and expenses for its use by legal regulation, which require the consent of the Bundesrat not 1 to regulate the use of archives in the German Federal Archives and 2. instructions about.
Charges are according to the personnel and general expenses, use caused the Federal Archives to determine, taking into account the purpose of the use.
(2) the Member responsible for culture and the media of the Federal Government is authorized to determine procedures and form the compulsory registration of films by Decree without the consent of the Federal Council.

Others as the tasks referred to in this Act or other laws of the Federal Government transferred § 7 which can Federal Government the Bundesarchiv appeals related to the archives of the Federation or the study of German history.

Section 7a (1) the manufacturer and co-producer of German films have to register these films in a database at the Federal Archives pursuant to sentences 2 and 3. The registration is within twelve months after the first public performance in a movie theater, significant on a national or international festival, at a national or international to carry out significant awards or significant after a public award at one such national or international event. Is a German feature film is not publicly listed, the period pursuant to sentence 2 with the completion of the film.
(2) during registration, the producer and co-producer of films within the meaning of paragraph 1 have to make where a technically flawless archive-enabled copy of the movie is known but no later than within 12 months then at the German Federal Archives. Changes in the location of the copy of a movie are immediately to inform the Bundesarchiv.
(3) movies in the meaning of this law are cinematographic works, 1 are intended for a public performance in a movie theater or on a national or international important festival or award ceremony significant at a national or international publicly listed and 2nd where not in the sense of § 3 paragraph 4 of the law on the Deutsche Nationalbibliothek by June 22, 2006 (BGBl. I S. 1338) , by article 15 paragraph 62 of the law of February 5, 2009 (Federal Law Gazette I p. 160) is changed, the music in the foreground is.
German films in the meaning of this law are cinema films, whose Hersteller have their residence, seat or an establishment in Germany; in the case of a co-production, a manufacturer must have his place of residence, his seat or an establishment in Germany.
(4) national or internationally significant festivals and award ceremonies in the meaning of this law are the festivals and award ceremonies, including all Festival series, listed in the currently valid version 1 of section 22 paragraph 3, sentence 1 and section 41 paragraph 3 of the film promotion act as amended by the notice of August 24, 2004 (BGBl. I S. 2277), most recently by article 1 of the Act of July 31, 2010 (Federal Law Gazette I p. 1048) has been changed , and 2. the directives belonging to the law referred to in paragraph 1.
(5) for not programme filling film paragraph 1 is to apply only if they either have been publicly listed or promoted with public funds or a public award at a national or international have received significant Festival or awards significant at a national or international. Movies are not program-filling, if they have a demonstration period less than 79 minutes or in children's films of less than 59 minutes.

§ any person is 7 b (1), who 1 contrary to Section 7a, paragraph 1, sentence 1 does not, not properly or in a timely manner registers a movie or 2. contrary to Article 7a, paragraph 2, sentence 1 not or not timely makes an announcement.
(2) any person is who negligently commits an act referred to in paragraph 1 as a commercially active registration based person.
(3) the offence can be punished with a fine up to ten thousand euros.
(4) number 1 of the code of administrative offences is the Federal archive in the sense of article 36, paragraph 1 the administration.

Section 8 documents that contain information subject to the tax secrecy pursuant to § 30 of the tax code through conditions of another foreign operation or business secrets may also by other than in section 2 paragraph 1 public bodies referred to are offered competent public archives for the purpose of archiving and passed. On the use of the documents are those provisions of this Act apply by analogy to that no. 1 apply to documents within the meaning of § 2 para 4.

§ 9 officers and for the public service particularly committed in public archives are subject to all of the servants of the confidentiality rules applicable issuing authorities, in particular article 30 of the tax code, § 203 paragraph 2 and paragraph 355 of the Penal Code, article 32 of the law on the Deutsche Bundesbank and article 9 of the law on banking.

§ 10-11 documents which are subject to other legislation referred to in sections 8 and 10 of the Federation about secrecy, may be offered public archives to the acquisition and use of points in section 2 paragraph 1 referred to as the and pass, if the legitimate interests of persons concerned according to paragraphs 2 and 5 of this law are taken into account.

12 this Act applies section in accordance with § 13 para 1 of the third of Reconciliation Act also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

§ 13 this Act enters into force on the day after the announcement.