Archiving Act (ArchA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 9 Principle of freedom of access and period of retention
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. 2 Documents that were accessible to the public before their delivery to the Federal Archives remain accessible to the public.
Art. 10 Calculation of the retention period
The retention period normally begins on the date of the most recent document of a case or file.
Art. 11 Extended retention period for personal data
1 Archive records that are classified according to the names of people and which contain sensitive personal data are subject to a retention period of 50 years, unless the person concerned has consented to their consultation. 2 The extended retention period ends three years after the death of the person concerned, subject to the provisions of Article 12. 3 Consultation for the purpose of research not related to specific persons may be permitted during the extended retention period by the department responsible, subject to the imposition of restrictive conditions.
Para. 1 — Amended by Annex 1 No II 9 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 12 Further restrictions on consultation
1 If there is an overriding and legitimate public or private interest in preventing the consultation by third parties ofcertaincategories of archive records, the Federal Council may in an ordinance restrict or prohibit consultation for a limited period following the expiry of the retention period. 2 If there is a predominant and legitimate public or private interest in preventing the consultation by third parties of archive records in a specific case, then the body delivering the records or the Federal Archives may restrict or prohibit consultation for a limited period following the expiry of the retention period.
Art. 13 Consultation during the retention period
1 At the request of the Federal Archives, the body delivering the records may release archive records to the public or allow individual persons to consult the records before expiry of the retention periods stipulated in Articles 9, 11 or 12 paragraph 1, if: a. there are no statutory regulations that prevent this; and b. no overriding and legitimate public or private interests preclude consultation. 2 Such authorisations apply to all applicants subject to the same conditions. 3 The authorisation shall specify how the archive records are to be consulted. The consultation may be made subject to conditions; in particular, it may be required that personal data be rendered anonymous. 4 The Federal Council regulates the details of the authorisation procedure and the conditions attached to consultation unless the general provisions of the law on administrative procedure apply.
Art. 14 Consultation by the bodies delivering the records
1 The bodies delivering the records may also consult the records they have delivered during the retention period. 2 In the case of personal data, the bodies delivering the records may consult the documents they have delivered during the retention period if they require these: a. as evidence; b. for legislative purposes or for the administration of justice; c. for statistical analysis; or d. to decide on the granting, restriction or refusal of the right of the person concerned to consult documents or to obtain information. 3 Restrictions on the basis of other statutory regulations are reserved. 4 The archive records must not be amended.
Art. 15 Information and contesting information
1 The provision of information and granting permission to consult records to the persons concerned are governed by the provisions of the Data Protection Act of 25 September 2020. Rulings on refusals of information and permission to consult records are issued by the bodies delivering the records. 2 The Federal Archives may in addition defer or restrict the provision of information if such provision is not compatible with the efficient management of administrative activities. 3 The persons concerned may not request the destruction or correction of data; they may merely have the records annotated to the effect that the data is disputed or incorrect.
Art. 15 — Amended by Annex 1 No II 9 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 1 — SR 235.1 Para. 1 — Amended by Annex 1 No II 9 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 16 Consultation of bequests and deposits
1 The consultation of bequests or deposits made by natural or legal persons is governed by the provisions of the acquisition contracts. 2 In the absence of such provisions, the provisions for federal archive records apply.