ACCESS TO THE RECORDS
- Public archival material in public archives is available for use, with the exception of the material for which restricted access is defined by law.
- Public archival material containing data pertaining to national and public security, defence, international affairs or intelligence and security activities of the State and its economic interests, business and tax secrets, shall normally become available for use 40 years after their creation.
- Public archival material containing sensible personal data shall become available for use 75 years after its creation, or 10 years after the death of the person concerned, provided the date of death is known, and unless otherwise provided by relevant regulations.
Archival material may be opened to the public at an earlier date if the interests of the general public or of science prove more important than the aspects of confidentiality, in particular considering the protection of personal and family life of individuals. On the request of the entities under the public law that transferred public archival material to the Archives, the date of restricted use of archival material may be extended for a maximum of 10 years.
Access to archival material containing personal and private data is not restricted to individuals to whom the data refer, their trustees, legal representatives and heirs, as well as to state authorities, authorities of self-government communities or bearers of public authority which require documents for their work, or when documents are required by persons for the assertion of their rights.
- Private archival material is used in accordance with the relevant laws and other legal instruments on the basis of which the Archives acquired the private archival material (agreement on the acquisition of archival material).
- Where private archival material is only available under specific conditions, a person who wishes to use such material must obtain permission for its use from the owner as well as fulfil his/her potential obligations to the authors (moral and material copyrights).
- Legal and natural persons that transfer archival material to the Archives, must indicate the types and dates of restricted use in the acquisition reports and in the agreements on the acquisition of archival material.
In Slovenia, the custody of archival materials is regulated by The Protection of Documents and Archives and Archival Institution Act (Official Gazette of the Republic of Slovenia, No. 30/2006) and Regulation on Documents and Archives Protection (Official Gazette of the Republic of Slovenia, No. 86/2006), which present solid legal grounds for the custody of archival materials as cultural monument. Both legal acts regulate the custody of electronic documents and archives in the public as well as private sectors.