Requests submitted to the Archival Commission for Granting Exceptional Access to Archival Records in Accordance with Article 66 of the Archives Act
Restricted Access to Archival Records
Access to certain archival records may be restricted due to their content. Periods of restricted access are defined by paragraph one and two of Article 65 of the Protection of Documents and Archives and Archival Institutions Act (PDAAIA) and apply to archival records that contain classified information, tax secrets or sensitive personal data.
When archival records contain classified information (determined by the Act regulating classified information) or tax secrets, they usually become available for use 40 years after their creation, since disclosure of such data to an unauthorized person could have harmful consequences for the security of the state and other people or for their legal interest.
Public archival records may also contain so-called sensitive personal data which refer to:
- an individual's health condition,
- an individual's sex life,
- victims of criminal offences against sexual integrity, marriage, family and children
- perpetrators of criminal acts and offences, except for criminal acts and offences against which proceedings were conducted on the grounds of opposing the former one-party regime,
- religious conviction and
Such information becomes available for public use 75 years after the creation of the records or 10 years after the death of the person to whom data refers, if the date of death is known, unless otherwise provided by other regulations. Public archival records created before the constitution of the Assembly of the Republic of Slovenia on May 17, 1990 are available without restrictions. However, the Archives is obligated to anonymize (black out) any above listed sensitive personal data so that direct or indirect access is not possible.
Access to archival records containing personal data is not restricted for individuals to whom such data refers, their trustees, legal representatives and heirs, as well as for state authorities, parliamentary inquiry commissions, authorities of self-government communities or bearers of public authority which require these archival records for their work, or when persons require them for the assertion of their rights.
Periods of restricted access can either be extended or shortened. They are shortened when public or scientific interest prevails over the interest of an individual to whom records refer. In such cases, the decision to shorten the restricted access period is made by the Archival Commission in an administrative procedure upon user's prior request. If demanded by the entity under public law which transferred public archival records, periods of restricted access may exceptionally also be extended, but by no more than 10 years.
Special provisions apply for private archival records. They are preserved in accordance with legal acts and submission agreements based on which the Archives acquired private records. In such submission agreements the owner and the Archives determine the types and periods of restricted access and lay down conditions of use for private archival records.
If private archival records are accessible under specific terms, determined by their owner, the user himself must obtain a permission to use such records from the owner and settle any copyright issues.
Exceptional Access to Archival Records
If archival records contain data protected under paragraph one and two of Article 65 of PDAAIA, the restricted access shall apply only to individual documents that contain data protected by restricted access periods, and not to broader units of records. When an individual document contains data protected by restricted access periods as well as accessible data, an anonymized copy of the document is prepared, on which the data protected by restrictions is covered so that direct or indirect access is not enabled.
If personal data protected under paragraph two of Article 65 of PDAAIA refers to persons who are still alive, users can exceptionally gain access to such data, provided they submit a written permission obtained by the persons to whom such data refer.
If users disagree with the restriction of access to certain archival records or if they need such records for the purpose of scientific research or publishing, they may according to paragraph five of Article 65 or paragraph one and two of Article 66 of PDAAIA submit a request, which is handled and decided on in an administrative procedure by the Archival Commission, or, in cases of records referred to in paragraph one of Article 65, by the Government of the Republic of Slovenia.
Request for the Granting of Exceptional Access to Archival Records
Users can send their request for the granting of exceptional access to records protected under Article 66 of PDAAIA to the Archives of the Republic of Slovenia:
- in person or by mail (the request has to be signed)
- by means of electronic request sent to the head office of the Archives and signed with electronic signature based on qualified certificate (Article 63 of the General Administrative Procedure Act)
Users are required to complete a special form to which they enclose a detailed presentation of their research, which should include:
- research title,
- research entity (legal person or individual researcher),
- direct researchers (name, title, address, relation to research entity, mentor),
- research field (descriptive),
- research purpose or aim,
- professional argument on meeting conditions stated in paragraph one and two of Article 66 of PDAAIA.
The submitted request has to be completed in the Slovenia language pursuant to Article 62 of the General Administrative Procedure Act.
In accordance with the Administrative Fees Act, clients are required to pay administrative fee for the processing of their request, 4.50 EUR for the request and 18.10 EUR for the issuing of Archival Commission's decision, a total of 22.60 EUR.
Administration fee is paid to bank account 01100-1000315637, Model 11, Reference 33413-7111002 (obligatory!).
Applicants should also take into account information on those exempt from paying administration fees stated in Articles 23 and 24 of the Administration Fee Act (among a number of other applicants, students are exempt from paying fees for documents and procedures related to their schooling; in such cases, a certificate of enrolment or a statement by mentor should be enclosed).