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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Law on the Protection and Use of Archives of the Federal Republic of Germany (Bundesarchivgesetz-BArchG)

Non-official table of contents

BArchG

Date of issue: 06.01.1988

Full quote:

" Federal Archives Act of 6. January 1988 (BGBl. 62), as last amended by Article 4 (38) of the Law of 7. August 2013 (BGBl. I p. 3154) "

:Last modified by Art. 4 para. 38 G v. 7.8.2013 I 3154

For details, see Notes

Footnote

(+ + + Text evidence from: 15.1.1988 + + +)
(+ + + Changes). on the basis of EinigVtr, see § 2 + + +)

Non-official table of contents

§ 1

The Federal Archives of the Federal Republic of Germany shall be permanently responsible for the Federal Archives. to secure, to make use of, and to exploit scientifically. Non-official table of contents

§ 2

(1) The constitutional bodies, authorities and courts of the federal government, the federal bodies, institutions, and Foundations of public law and the other federal authorities have all the documents they no longer have to fulfil their public tasks, including the protection of the security of the Federal Republic of Germany or of one of its countries. , the Federal Archives or in the cases referred to in paragraph 3 need to be offered to the competent national archive for the purpose of taking over and, if the documents are of permanent value within the meaning of § 3, to be handed over to the Federal Government as archival material. Documents whose disclosure would be contrary to the confidentiality of the letter, post or telecommunications are exempted from the obligation to offer. Federal legislation which transfers tasks to other bodies in accordance with § 1 shall remain unaffected.(2) The legislative bodies shall decide on their own responsibility whether documents are to be offered and handed over.(3) Documents from subordinated federal bodies whose local jurisdiction does not extend to the entire scope of this law are to be offered to the competent national archives with the consent of the competent top-level federal authority; and , if the protection of the interests of third parties within the meaning of paragraph 4 and § § 4 and 5 is ensured by the Land Act. The competent supreme federal authority may offer and submit such documents to the Federal Archives, provided that there is a well-founded interest of the Federal Government for this purpose.(4) To offer and submit are also documents which are
1.
to § 30 of the German Tax Code, § 35 of the German Code of Duties First Book of the Social Code, which is subject to § 32 of the Law on the Deutsche Bundesbank or § 9 of the Law on the Credit Esen, or
2.
other than the one in
theArchives have to take into account the vulnerable concerns of the Federal Archives, in the same way as the issuing body; in particular, the Federal Archives have to take into account the protection of the interests of the Federal Archives. To comply with the requirements of the processing and securing of these documents, which apply to the issuing body, in the performance of his/her duties.(5) As far as uniform documents, which are produced in large numbers, have a permanent value within the meaning of § 3, the nature and scope of the documents to be submitted to the competent archive shall be provided in advance by agreement with the bodies referred to in paragraph 1 above in the To establish the principle. In the case of machine-readable data carriers, the form of transmission of the data is to be agreed in addition; it must comply with the generally accepted rules of technology. If such documents, which have been offered to the competent archive, are not taken over within four months, the offering body shall not be obliged to keep the documents further.(6) Documents which, in the opinion of the bodies referred to in paragraph 1 and of the competent archive, are obviously of minor importance, do not need to be offered.(7) Legislation on the obligation to destroy documents shall remain unaffected.(8) Documents within the meaning of this Act are files, documents, maps, plans and carriers of data, image, film, sound and other records which are recorded at the offices of the Federal Government referred to in paragraph 1, in the case of entities of the German Democratic Republic. The Republic of Germany, the occupying zones, the German Reich or the German Federal Republic have grown up or transferred to their property or have been left to use them for use.(9) Documents within the meaning of this Act are also those of the Socialist Unity Party of Germany, the organizations and legal persons affiliated with this party, as well as the mass organizations of the German Democratic Republic, to the extent that they relate to the performance of state tasks. This shall also apply to other parties and to organisations and legal persons of the German Democratic Republic associated with these parties. (10) The Federal Archives shall advise the authorities of the Federal Government referred to in paragraph 1 in the administration of their documents. Non-official table of contents

§ 2a

(1) Under the name "Stiftung Archiv der Parties und MassenOrganizations der DDR" (Foundation Archive of the Parties and Mass Organizations of the GDR), a non-self-employed foundation under public law. The foundation is created by the remission of the Federal Minister of the Interior.(2) The Foundation has the task of taking over documents from the bodies according to § 2 para. 9, to secure in the long term, to make use of it and to supplement it. This also applies to other documents, materials and library holdings on German history, in particular to the history of the German and international labour movement, which are thus in a historical or factual context.(3) Documents pursuant to § 2 (9) are to be transferred as Foundation assets of the Foundation. For other documents, materials and library holdings, separate agreements must be concluded with the owners.(4) The protection period of 30 years referred to in § 5 (1) sentence 1 shall not apply to the Foundation's holdings. In addition, the use of the documents of the Foundation shall be regulated in accordance with the last sentence of Article 5 (1) and the provisions of paragraphs 2, 5 and 6. Non-official table of contents

§ 3

The Federal Archives shall decide, in consultation with the offering body, whether the documents remain in value for the Research into or understanding of German history, the safeguarding of legitimate concerns of citizens or the provision of information for legislation, administration or case-law. Non-official table of contents

§ 4

(1) Legal claims affected by the destruction of the personal data relating to them remain unaffected.(2) The person concerned must, upon request, be informed of the data contained in the archive material relating to his/her person, insofar as the archival material is accessed by the name of the person. Instead of providing information, the Federal Archives can grant access to the files.(3) If it is established that personal data are incorrect, this shall be recorded in the documents or recorded in any other way. If a person concerned disputes the accuracy of personal data, he or she shall be given the opportunity to present a reply. The responsible archive shall be obliged to add the reply to the documents. The counter-representation may also be required by heirs of the person concerned if they assert a legitimate interest in it. Non-official table of contents

§ 5

(1) The right to use the federal archives from a period of more than 30 years is available to everyone. Application to the extent that the legislation is not otherwise intended. Further legal rights and special agreements for the benefit of owners of private archives remain unaffected.(2) The archival material of the federal government, which refers to natural persons, may not be used by third parties until 30 years after the death of the persons concerned. If the year of death is not or can only be ascertained with unreasonable effort, the protection period ends 110 years after the birth of the person concerned.(3) The archive material according to § 2 para. 4 may not be used until 60 years after the date of development. This protection period shall not apply to documents from the period prior to the 23. May 1949, the use of which is necessary for the conduct of certain scientific research or for the enjoyment of legitimate concerns.(4) The protection periods referred to in paragraphs 1 to 3 shall not apply to such documents which have already been intended for publication in the course of their formation. The same applies to archival material, insofar as it has already been open to access to information according to the Freedom of Information Act before the handover to the Federal Archives or the archives of the legislative bodies.(5) The protection period referred to in the first sentence of paragraph 1 may be shortened, provided that paragraph 6 does not preclude it. The protection periods referred to in the first sentence of paragraph 1 and paragraph 2 may be shortened if the consent of the person concerned is available. If the consent of the person concerned is not available, the protection periods referred to in the first sentence of paragraph 1 and paragraph 2 may be shortened if the use is indispensable for a scientific research project or for the enjoyment of legitimate concerns, which: are in the overriding interest of another person or body, and an impairment of legitimate concerns can be excluded by appropriate measures, in particular by presenting anonymized reproductions. The protection periods referred to in the first sentence of paragraph 1 and paragraph 2 may be shortened for persons of time history and public officials in the performance of their duties if the interests worthy of protection of the person concerned are duly taken into consideration. The protection periods referred to in the first sentence of paragraph 1 and paragraph 3 may be extended by a maximum of 30 years, in so far as this is in the public interest. If the archival material has been created at a position of the Federal Government referred to in § 2 para. 1, the reduction or extension of the protection periods shall be subject to the consent of this body.(6) The use is not allowed, as far as
1.
is reason to believe that the good of the The Federal Republic of Germany or one of its countries would be at risk, or
2.
There is reason to believe that the interests worthy of protection are contrary to third parties, or
3.
the state of preservation of the archive material would be endangered, or
4.
not or
5.
The obligation of confidentiality pursuant to § 203 (1) to (3) of the Penal Code or other federal legislation
() The use of documents which have been subject to the obligation of secrecy pursuant to Section 203 (1) or (3) of the Criminal Code may be restricted or denied as far as this is intended for the purpose of safeguarding the protection of the protection of human rights. Concerns Affected is required. This shall also apply to documents referred to in the second sentence of paragraph 3.(8) In the case of the use of documents older than 30 years and still subject to the power of disposal of the bodies referred to in Article 2 (1), paragraphs 1 to 7 shall apply accordingly. This does not apply to documents which are not accepted by the Federal Archives pursuant to § 2 (5) and (6).(9) The linking of personal data is only permissible if the sensitive concerns are not affected by the person concerned. Non-official table of contents

§ 6

(1) The member of the federal government responsible for culture and media affairs is authorized to do so by Legal Regulation, which does not require the approval of the Federal Council,
1.
the use of archival material at the Federal Archives to regulate and
2.
Regulations on fees and charges to be used for the use of the system.
The fees are to be taken into account To determine the use of the Federal Archives in accordance with the personnel and material expenses incurred by the use of the Federal Archives.(2) The member of the federal government responsible for culture and media is authorized to establish procedures and form of compulsory registration of cinematographic works without the consent of the Federal Council. Non-official table of contents

§ 7

The Federal Government may use the Federal Archives to perform tasks other than those specified in this Act or in other laws of the Federal Republic of Germany. Federal government, which is in fact connected with the archives of the Federal Republic of Germany or the research of German history. Non-official table of contents

§ 7a

(1) Manufacturers and co-producers of German feature films have made these films in a database at the Federal Archives to register records 2 and 3. The registration is within twelve months after the first public performance in a cinema, at a national or international important festival, at a national or international major award ceremony or after a public Award at such a nationally or internationally significant event. If a German feature film is not made public, the period after sentence 2 begins with the completion of the film.(2) The manufacturers and co-producers of cinematographic works within the meaning of paragraph 1 shall, at the time of registration and at the latest within twelve months thereafter, make known to the Federal Archives at which location a technically flawless archival copy of the cinema film. Changes in the location of a film copy are to be communicated to the Federal Archives without delay.(3) Cinema films within the meaning of this Act are cinematographic works,
1.
which are intended for a public performance in a Cinema is intended to be publicly listed at a national or international festival or at a national or international award ceremony, and
2.
for those not in the sense of § 3 (4) of the Law on the German National Library of 22. June 2006 (BGBl. 1338), which is Article 15 (62) of the Law of 5. February 2009 (BGBl. 160).
German cinematographic works within the meaning of this Act are feature films whose manufacturers have their residence, registered office or establishment in Germany; in the case of co-production, the film must be made up of a number of films. the manufacturer has his residence, his registered office or a branch in Germany.(4) National or international significant festivals and awards ceremonies within the meaning of this Act are the festivals and awards ceremonies, including all festival series, which are referred to in the respectively applicable version
1.
of § 22 (3) sentence 1 and § 41 (3) of the Film Promotion Act as amended by the Notice of 24 March August 2004 (BGBl. 2277), as last amended by Article 1 of the Law of 31 December 1991. July 2010 (BGBl. I p. 1048), and
2.
of the Directives relating to the law referred to in paragraph 1.
(5) Paragraph 1 for non-programme-filling films is only available in the following: if they have been either publicly listed or funded with public funding or if they have been awarded a public award at a national or international festival or at a national or international level Award ceremony. Movie theaters are not program-filling if they have a lead time of less than 79 minutes or in children's films of less than 59 minutes. Non-official table of contents

§ 7b

(1) is an order that is illegal, who is
1.
contrary to § 7a, paragraph 1, sentence 1, a movie not registered, not correct or not registered in time or
2.
contrary to § 7a (2) sentence 1, do not make a notice or does not make a notice in good time.
(2) Contrary to the law, the person referred to in paragraph 1 Act as a professional registrant negligently commited.(3) The administrative offence can be punished with a fine of up to ten thousand euros.(4) The Federal Archives shall be the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Non-official table of contents

§ 8

Documents, which are subject to tax secrecy pursuant to § 30 of the German Tax Code concerning the conditions of a The competent public archives may also be offered and handed over to the competent public archives for the purposes of archiving by public authorities other than those referred to in section 2 (1). The use of the documents shall apply in accordance with the provisions of this Act which apply to documents within the meaning of Section 2 (4) (1). Non-official table of contents

§ 9

Officials and public service personnel in public archives are subject to all of the Staff of the issuing bodies are subject to rules of secrecy, in particular § 30 of the German Tax Code, § 203 (2) and § 355 of the Criminal Code, § 32 of the Act on the German Bundesbank and § 9 of the Law on Credit. Nonofficial table of contents

§ 10

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§ 11

Documents which are subject to secrecy other than those referred to in § § 8 and 10 of the Federal Republic of Germany may be subject to public archives other than those referred to in § 2 (1) (1) of the Federal Republic of Germany. Take-over and use are offered and handed over if the worthy concerns of affected persons are taken into account in accordance with § § 2 and 5 of this law. Non-official table of contents

§ 12

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Non-official table of contents

§ 13

This law will enter into force on the day after the announcement.