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  • Slide 1
  • SLOVAK ARCHIVAL ACCESS LEGISLATION AND PROPOSAL FOR AMENDMENTS FOR ARCHIVE SECTOR TO GENERAL DATA PROTECTION REGULATION COMPARISON EBNA EAG, 8 th 9 th October 2013, Vilnius Mria pankov maria.spankova@mvsr.vs.sk
  • Slide 2
  • LEGAL FRAMEWORK FOR THE ORGANISATION AND MANAGEMENT OF ARCHIVES IN THE SLOVAK REPUBLIC I. Act No 395/2002 Coll. on Archives and Registries and on Amendments of Certain Acts, as amended (entry in to force: 1 st January 2003) Regulates the organisation and competence of state administration in the field of Archives and Registries, the organisation of Archives, rights and obligations of Archives founders, Archives, possessors of archives, access to archives, rights and obligations of registry creators.
  • Slide 3
  • LEGAL FRAMEWORK FOR THE ORGANISATION AND MANAGEMENT OF ARCHIVES IN THE SLOVAK REPUBLIC Defines archives as records with a permanent documentary value important for knowledge of the history of Slovakia and the Slovak nation. Film records or audio records originating from before 1950 are archives. Library documents and collection items are not archives Archival heritage of the Slovak Republic as a complex of archives, archive fonds and archive collections, except for foreign archives recorded in the Archival Heritage Register of the Slovak Republic. Archival heritage shall form an integral part of the cultural heritage of the Slovak Republic. The state shall be obliged to provide for the preservation of archival heritage and everyone shall be obliged to provide collaboration to the state with respect to it. Archives as a specialised workplace that acquires, registers, and processes archives. The acquisition of archives, protection of archives, their processing and access to the information contained in archives, shall be subject to public interest.
  • Slide 4
  • The Act is applied to ALL registry records creators, archives creators, possessors of archives, and Archives founders except for registry records originating from the activities of the intelligence services, documents kept in collections of libraries, museums and galleries they are not considered as archives. (these exceptions have been the conditions to pass the draft within the preparation procedure)
  • Slide 5
  • Organisation and competence of state administration in the field of Archives and Registries The National Archives Service The Ministry of Interior of the Slovak Republic - the central state administration authority in the field of Archives and Registries. State Archives established by the Ministry as institutions without legal personality. The Ministry is entitled to work out the general development policies in the sphere of Archives and Registries, issue the decrees, regulations, rules and standards and control legislation execution, permit the establishment and dissolution of Archives and dissolve Archives in cases as stipulated by Act, keep the register of Archives, archival information system and a list of persons performing specialised activities in Archives, pursuant to Act,
  • Slide 6
  • Organisation and competence of state administration in the field of Archives and Registries State Archives are delegated powers by the Ministry to keep the register of registry creators and archival heritage, execute professional state supervision over registry administration, Archives and archives stored at possessor that did not establish Archives, approve the guidelines for registry administration and records schedules, decide about the disposal of registry records, access and restrictions of access to the archives acquired (to archives originating from the activities of state authorities and legal persons established or founded by them, other legal persons stipulated by Act, self-governing regions, municipalities, and significant individuals under the territorial competence principle from national up to local level).
  • Slide 7
  • State Archives two State Central Archives: Slovak National Archives and State Central Mining Archives, eight State Archives with Regional Territorial Competence, and 37 offices of them located in the Districts. The State Archives established by the Ministry represent the most important part of the system of Archives. The State Archives are the only decisive authority as far as the appraisal of documentary value of registry records is concerned. The State Archives keep the majority of the Archival Heritage of the Slovak Republic.
  • Slide 8
  • System of Archives In compliance with Act the Public Archives and Private Archives can be established. The Public Archives are State Central Archives, State Archives with Regional Territorial Competence, Archives of the state authorities, state budgetary organisations and state contributory organisations, Municipal (towns) Archives, Archives of self-governing regions, Archives of legal persons stipulated by law, Archives of legal persons and Archives of physical persons that represent the public administration authorities. The Private Archives are the Archives of the legal persons (for example political parties, churches, private legal persons in the field of economy, banking, education and culture, etc.); they can be established by a physical person, as well.
  • Slide 9
  • Rights and obligations of Archives founders, Archives, possessors of archives (selection) Founders of Archives are obliged to ensure that the tasks given to the Archives pursuant to Act are performed by persons with appropriate education and always at least one person with a university education specialised in archival studies archival studies and complementary historical sciences or related fields of study, locate the archives in premises that ensure the protection of the archives and allow access to the archives. In documents attached to application founder ascertains that he is able to financially provide the activity of the Archives so that the Archives may perform their tasks pursuant to the act Archives have sufficient premises necessary for access to archives.
  • Slide 10
  • Rights and obligations of Archives founders, Archives, possessors of archives (selection) Archives is obliged to process the archives including the elaboration of finding aids, issue rules for research, (rules for research must be placed in a publicly accessible place within the Archives premises.) allow access to archives, finding aids and the register of archives that it acquired. The possessor of archives is entitled to restrict access to archives and determine the scope of restriction and period of its duration; access to archives may be restricted for 30 years, or for 50 years in the case of access restricted to ensure the protection of significant public interests. Rights and obligations of registry creators Registry creators can restrict the access to the registry record stating period of restriction. As to access to registry records the Act No 211/2000 Coll. on Free Access to Information and Amendments of Certain Acts (FOIA), as amended is applied.
  • Slide 11
  • ACCESS TO ARCHIVES Recommendation of Council of Europe No. R (200) 13 on European Policy on Access to Archives Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (documents used in the process of formulating basic principles of access provisions) Basic principles (transfer) As far as the transfer of archives is concerned classified registry records are not the subject to disposal under Act. no classified archives are transferred to the Archives. transferred archives are usually older than ten years. Civil registers are transferred to the State Archives 100 years after the last entry.
  • Slide 12
  • ACCESS TO ARCHIVES Access basic principles Everybody is allowed to access to archives transferred to Archives under the conditions stipulated by the Act. Access to archives is the right. All restrictions to it are strictly stipulated. There is no general closure period as a rule. The right to allow or restrict or refuse access is granted to the Archives only. Forms of access to archives:transcripts, abstracts, certificates, copies, the study and public exhibition of archives Originals of archives for study purposes are submitted in exceptional cases only. Always copies, if it concerns archives created before 1526, it contains information with restricted access, any damage or possibility of damage could occur upon their study.
  • Slide 13
  • Access conditions access formapplication form transcripts, abstracts, certificates or copieswritten application (costs for copies, verification of conformity with original archives, verified copy substitutes the original; administrative charges for verified copies) studyresearch list public exhibitioncontract (exceptional cases, covering of costs copies, transport, insurance)
  • Slide 14
  • In written application an applicant specifies personal identity information (name and surname, birth number (personal identifier), address of permanent residency or address of temporary residency; type and number of identification card; the applicant proves his identity by identification card, travel document (passport), military identification card, sailors book or a residence certificate), legal person identity information (name, surname and address of a physical person or the name, seat and identification number of a legal person), for needs of whom he asks for access to the archives, information about the required archives that he is aware of purpose of

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