Law (2015:602) Concerning The Submission Of Official Documents For Storage

Original Language Title: Lag (2015:602) om överlämnande av allmänna handlingar för förvaring

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:602

/Entry into force: 01/01/2016/introductory provisions



section 1 of this law provides for the transmission of official documents to such individual bodies as described in Chapter 2. first paragraph of section 17 of the freedom of the Press Act and on the storage of the documents since they surrendered. The Act also has provisions for the individual agencies ' obligation to examine requests for the disclosure of public documents under the rules of the freedom of press and publicity and secrecy (2009:400).



In the case of public documents held by Swedish Church or any of its organizational parts, there are provisions in the law (1999:288) if the submission of official documents to the Swedish Church or any of its organizational parts for storage, etc.



section 2 of the public documents which have been handed over for storage in a single body, shall not be other than as provided for by this law or the Archives Act (1990:782).



Public documents from government agencies



Transmission, storage and return



The conditions for transferring and storage



section 3 of the Government may decide that public documents submitted to or prepared in a government agency may be forwarded to a Swedish single body and kept there without documents cease to be general about 1. the authority shall be closed down or cease a specified activity;



2. the activities related to the documents continue to be conducted by the individual agency;



3. the individual agency needs to have access to the file to be able to carry out its activities, 4. any other transfer of data in the file is not an acceptable alternative to a submission with respect to the applicable regulations and to the authority or individual body, and



5. a description of the archive and the archive is available for the documents requested surrendered.



The Government may also decide that the documents from a government agency may be transmitted from a single body to another single body for storage there without documents cease to be public, whether the conditions referred to in the first subparagraph 2 to 5 are fulfilled.



Application for authorization to submit documents



section 4 of the application for authorization to submit public documents originating from a State authority for storage in a single body, shall be submitted to the State Archive authority.

The application shall be made by the authority or individual body which holds the documents.



Storage time



section 5 of the Government is to decide on the length of time documents from a government agency which may be entrusted to a single body. The duration of storage shall be fixed with reference to the authority and the individual body.



The Government may, on application, may decide to extend the storage period in the first paragraph. For such an application is otherwise as provided in paragraph 4.



Notification of change of business name



section 6, If a single body which holds public documents from a government agency changes its corporate name, the body immediately notify the change to the State Archive authority.



The return



section 7 of the public documents from a government authority be entrusted to a single body to be returned if the Agency no longer has need of documents in order to carry out its activities. The return shall be made to the State Archive authority, unless the archives authority decides that the documents should be returned to the authority the documents originate.



Documents should always be returned if



1. the storage time given under section 5 has expired, or



2. There is no permission to store the file.



The return referred to in the second subparagraph shall be made immediately, unless the State Archive authority decides otherwise.



Supervision



Supervisory responsibilities



paragraph 8 of the State Archive authority shall have the supervision of this law and the regulations issued in connection with the law are followed when public documents from government agencies has been handed over for storage.



In the Archives Act (1990:782) contains provisions on the supervision of library training and archive the care of individual body which holds public documents from government agencies.



Self-monitoring and reporting obligations



§ 9 a single body which holds public documents from a State Agency under this Act must continuously plan and control their storage so that it is done in accordance with applicable regulations (self-monitoring). The individual body shall report annually their planning and control of storage to the State Archive authority (reporting obligations).



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify the self-monitoring and reporting obligations.



Powers of supervision



Injunctive relief



section 10 of the State archives administration may decide the orders necessary for the supervision.



If a single body store handed over official documents without having permission for storage, an injunction can also be directed to the individual body.



An order relating to the return (paragraph 7), reporting requirements (section 9) or seizure (section 11) may be subject to a penalty.



Takeover of archive material



section 11 If a single body which is under the supervision of the State Archives authority does not fulfil its obligations under this law or under other provisions that apply to the storage of General documents, the archives authority decide that the documents should be taken over.



Access



section 12 of the State Archive authority, to the extent necessary for the purposes of supervision, the right to have access to the facilities used in the individual body and where public records are kept.



Executive assistance



paragraph 13 of the enforcement authority may, on application by the State Archive authority decide on assistance to 1. implementing return under section 7, second subparagraph,



2. carry out the takeover under section 11, or



3. few such access referred to in section 12.



Of the Act (1990:746) on orders to pay and assistance provided for assistance.



The Police Department shall, to the extent it is needed to assist with the execution of measures pursuant to paragraph 1 to 3 of the first paragraph.



Fees



Regulatory fees



section 14 Fees for supervision may be withdrawn from the individual body which holds public documents from State agencies under this Act. Charges may relate to the costs of enforcement of this Act and section 3 – 6 of the Archives Act (1990:782) is followed.



The Government or the authority that the Government may provide for fees for supervision.



Fees at the return and take-over



15 § a single body which holds public documents from a government agency to replace the State Archive authority for its costs for the continued storage after the return or takeover.



Public documents from the municipal authorities



The conditions for transferring and storage



section 16 of the Council of a municipality may, under the same conditions provided for in paragraph 3 of the order that public documents submitted to or made out of a municipal authority may be submitted to a Swedish single body and kept there for a certain period of time without the documents cease to be general.



The municipalities of this Act also applies to counties.



Provisions relating to the application, storage time, restitution and supervision



section 17 of the Government or the municipality that the Government may provide that the provisions of this law if the application, storage time, restitution and supervision should apply to surrender in accordance with section 16.



If a municipality has announced regulations on supervision, the municipal archives authority the powers conferred by sections 10 to 13.



section 18 of the Archives Act (1990:782) contains provisions on the supervision of library education and library services for individual body which holds public documents from the municipal authorities.



section 19 of regulatory Fees may be levied from individual body which holds public documents from the municipal authorities under this law. Charges may relate to the costs of enforcement of this Act and section 3 – 6 of the Archives Act (1990:782) is followed.



A municipality may provide for fees for supervision.



Individual agencies ' liability for storage



Disclosure of public documents



section 20 of Chapter 2. freedom of the Press Act contains provisions on the right of access to public documents.



In publicity and secrecy (2009:400) provides for restrictions on the right of access to public documents and on the obligation to observe confidentiality.



Of Chapter 2. first paragraph of section 17 of the freedom of the Press Act and Chapter 2. paragraph 5, first sentence, publicity and secrecy Act shows that a single body, which, after a decision under this Act holds public documents, shall be treated as an authority in respect of the position with those documents.



section 21 of the individual agencies are required to disclose their own material, whether it is a necessary precondition for a public document shall be made out in respect of the way in which their own material introduced into the storyline.



Management of public documents



section 22 of the Archives Act (1990:782) provides for individual agencies ' care and thinning of public documents.




section 23 of The individual body, the storage and handling of General documents to ensure that they can easily be distinguished from other acts of the Board.



If the individual agency for its activities need to make additions in public documents, should the charges be carried out so that it is clear when and by whom they were made, if it is not already clear from the circumstances that the additions made by the individual agency.



Appeal



section 24 of the Act of a State or municipal archives authority may be appealed to the Administrative Court in the case of



1. injunctions under section 10,



2. takeover of the archive materials in accordance with section 11, and



3. the imposition of the fee according to the 14, 15 and 19 sections or under regulations made under this Act.



Other decision of an archives authority pursuant to this law may not be appealed.



Leave to appeal is required for an appeal to the administrative court.



Transitional provisions



2015:602



1. this law shall enter into force on the 1 January 2016.



2. By the Act repeals the Act (1994:1383) on the submission of official documents to bodies other than the authorities for storage.



3. The repealed Act applies until 31 december 2016 for individual body which holds public documents on the basis of a decision on transferring and storage taken before entry into force. The provision in section 5 may, however, also apply in respect of individual bodies.