Parliament Act No. 5 Of 3 June 2015 On File Creature

Original Language Title: Inatsisartutlov nr. 5 af 3. juni af 2015 om arkivvæsen

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Parliament Act no. 5 of 3 June 2015 on file creature

Modified repeals, hovedlov replaces information

Parliament Act no. 22 of 30 October 1998 on the file being.

Hovedlov to the Greenland Home Rule Executive Order no. 2 of 26 January 1996 on the rules of procedure for Museum and archive Board
Home Rule Executive Order no. 3 of 26 January 1996 concerning the election of authorized representatives of museums in the Museum and Archive Board

Chapter 1
The Greenland Parliament Act scope
§ 1. The Greenland Parliament Act applies to all parts of the public administration in Greenland and municipalities.
Subsection. 2. The Government may determine that the Greenland Parliament Act wholly or partially applicable to specified institutions, companies, associations, etc., which can not be attributed to public administration. This only applies if the costs of their enterprise is wholly or mainly covered by public funds, or to the extent by or pursuant to law or regulation are empowered to take decisions on state.
Subsection. 3. paragraph. 1-2 included the authorities, institutions, companies, associations, etc. are referred to below as public institutions.
Subsection. 4. Rules on Inatsisartut and its affiliated authorities and institutions archival conditions determined by the Presidency of Inatsisartut after negotiations with the Government of Greenland.
PCS. 5. Chapter 6 of the Greenland Parliament Act applies to records from individuals and institutions, companies, associations, etc., are not covered paragraph. 1-2 (private records).
§ 2. The Greenland Government may enter into agreements with state authorities on the performance of tasks pursuant to the Act against imperial authority institutions in Greenland.

Chapter 2
Greenland National Museum
§ 3. Greenland National Museum is responsible for the collection, organization, preservation and recording of records that have historical value or serve as documentation of the conditions of essential administrative or legal significance for citizens and authorities, which are in public institutions, archives and the archives received from private in accordance with Chapter 6
Subsection. 2. Greenland National Museum should be based on the received archival conduct research and disseminate Greenland's cultural and social historical development.
Subsection. 3. Greenland National Museum advises and collaborates with other cultural institutions in and outside Greenland in archival purposes.
§ 4. Greenland National Museum advises public institutions in archival affairs.
Subsection. 2. Greenland National Museum oversees the processing and storage of records by government agencies.

Chapter 3
Public institutions archive compared
§ 5. All information bearing material that is created or provided in connection with public institutions are also to be archived.
§ 6. Public institutions must ensure that their records, including electronic records, at any time, treated and stored in one of Greenland National Museum approved archival version.
PCS. 2. Public institutions should keep records separately from other public institutions records.
§ 7. When the transfer of powers from a public institution to another public institution, the records relating to pending cases transferred to the public institution that takes over the facts.
Subsection. 2. Other records remains with the leading public institution until will happen pass to the Greenland National Museum and Archives, see. § 12. In special cases, the Greenland National Museum approve that such records are transferred to the receiving public institution.
Subsection. 3. The provision in § 6 paragraph. 2, shall also apply to the transfer of records under subsection. 1 and 2.
§ 8. The Government sets on proposal by the Greenland National Museum detailed rules for public institutions processing and storage of records. Rules concerning the municipal administration processing and storage of records set also after negotiation with the Greenlandic Association of Local Authorities, KANUKOKA.

§ 9. Public institutions records shall not be subject to transfer and can not be acquired by extinction or assertive.
Subsection. 2. Are public institutions records come in private possession, they shall be deposited free of charge to the Greenland National Museum.

Archives and record plans

§ 10. The Government shall, on recommendation thereon from the Greenland National Museum procedures for the drawing of the journal and archive plans. Rules concerning the municipal administration preparation of journal and archive plans shall also after negotiation with the Greenlandic Association of Local Authorities, KANUKOKA.

§ 11. The Greenland Government may on proposal by the Greenland National Museum set rules on disposal of unlisted records.
Subsection. 2. When records are discarded, it is for the public institution to destroy the records in such a way that no unauthorized access to them.

Chapter 4
Delivery of archival records
§ 12. Records that are older than 15 years and not constantly used in a public institution official activities must be submitted to the Greenland National Museum. In exceptional cases and in agreement with the Greenland National Museum materials can be returned at another time.
Subsection. 2. Until the handover public institutions be required to retain its records.
Subsection. 3. disbanded a public institution to its records, regardless of age handed, unless they are used by other public institutions, which takes over the subject matter, see. § 7.
§ 13. Records shall on delivery be sorted, packed, labeled and the sign and the individual cases purged of superfluous material.
Subsection. 2. The Government may on proposal by the Greenland National Museum set rules for submission of records, including submission of electronic records.
Subsection. 3. The submitting public institution assume all the costs associated with the delivery.
§ 14. A public institution can borrow own records submitted for official use.

Chapter 5
Availability and use
Public availability
§ 15. Archival units are delivered to the Greenland National Museum, on the public when they are 25 years old, see. However, §§ 16-17.
§ 16. The availability period is 80 years for archival units containing information about individuals' private or financial conditions.
§ 17. When essential for the protection of public or private interests warrant it, can the transferring public institution, following discussions with the Greenland National Museum, set a longer availability period than under §§ 15-16.
Subsection. 2. Availability Deadline for paragraph. 1 shall be determined by the play and must contain details of the archival units or groups of archival units it applies.
§ 18. For archival units derived from state authorities, who by special agreement, see. § 2 is delivered to the Greenland National Museum, apply the Agreement shall availability periods.
§ 19. Availability deadlines in §§ 15-18 calculated from the archive device graduation.

§ 20. When archival units to be used for research purposes, the Greenland National Museum exemptions from the provisions of §§ 15-17, see. However paragraph. 2.
Subsection. 2. Before granting exemption to the use of archival units, which have been agreed longer availability period after the provision in § 17 paragraph. 1, must be obtained from the transferring public institution.
Subsection. 3. Exemptions granted on terms that ensure that there is no violation of the integrity of the individual.

The use
§ 21. Records that are available under the provisions of §§ 15-18, can be used on the Greenland National Museum, which assists users by use.
Subsection. 2. For research use, the Greenland National Museum permit records lent for use in libraries, approved museums and similar institutions.
§ 22. The person who gets access to the use of archives, which are not publicly available, should not unduly publish, disclose or use confidential information, the order has knowledge.
§ 23. Greenland National Museum can deny access to the use of archival units when it is necessary to archive the device state of preservation. If it can be done without injury to the archive device conservation mode, which for the use made photographing.
§ 24. Greenland National Museum makes the records available free of charge for research and publicity. There may be charged for more comprehensive and resource-intensive services.

Chapter 6
Private archival records
§ 25. Greenland National Museum can collect, receive and secure records of significant research or general cultural significance of individuals and institutions, companies, associations etc. that are not covered by § 1. 1-2.

Subsection. 2. If the person who submit records in accordance with paragraph. 1, no provision for the records availability, they are available under the provisions of §§ 15-16 and §§ 19-20.
Subsection. 3. Is there no provision for use from being records under subsection. 1 used in accordance with §§ 21-24.
§ 26. On that own private records of significant research or general cultural significance, before they carried out of the country, giving Greenland National Museum access to copies of the records.
PCS. 2. The Government may on proposal by the Greenland National Museum lay down rules on the definition of private records of significant research or general cultural significance.
Chapter 7
§ 27. In violation of, or failure to comply with, §§ 6-7, § 9 paragraph. 2, § 11 paragraph. 2, § 12 paragraph. 1 and 3, § 13 paragraph. 1, § 22 and § 26, may be fined.
PCS. 2. In regulations issued in pursuance of the Act, may govern the imposition of fines for violation of the rules.
PCS. 3. Where the Greenland Parliament Act or regulations issued in pursuance of the Act provides for the imposition of fines, the fine imposed on legal persons under the provisions of the Criminal Code for Greenland.
PCS. 4. Fines imposed by the Parliament Act will accrue to the Treasury.

Chapter 8
Entry into force and transitional provisions
§ 28. The Greenland Parliament Act shall enter into force on 1 January 2016, however, enter § 8, § 10, § 11 paragraph. 1, § 13 paragraph. 2 and § 26 paragraph. 2 in force on 1 August 2015.
PCS. 2. At the same time Parliament Act no. 22 of 30 October 1998 on the file being.
Subsection. 3. rules or regulations established or maintained under Parliament Act no. 22 of 30 October 1998 on file creature, shall remain in force until replaced by rules or regulations established under this Parliament Act or other legislation.

Government of Greenland on June 3. 2015

Kim Kielsen

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