This legislation outlines the framework for the preservation, protection, and management of both public and private archival materials in Slovenia. It emphasizes the significance of documentary and archival materials as cultural monuments and sets the standards for their long-term storage, accessibility, and use.
Key Points of the Act:
Purpose and Scope: The Act is designed to protect documentary and archival materials, including their legal validity and evidentiary value. It applies to both public and private archival materials and mandates their protection as cultural heritage.
Definitions: The Act provides detailed definitions of terms such as “documentary materials,” “archival materials,” “public archival materials,” and “private archival materials.” These definitions are crucial for understanding the scope of the Act.
Protection Measures: The Act establishes measures for the capture, storage, and protection of both digital and physical documentary materials. It includes provisions for the reliable conversion of materials to digital form and the conditions under which original documents can be destroyed after digital conversion.
Responsibilities of Public Bodies: Public bodies are required to manage their documentary and archival materials in accordance with the Act. This includes ensuring their preservation, protection from loss or damage, and proper cataloging and archiving.
Private Archival Materials: The Act also covers private archival materials, requiring their owners to ensure their preservation and allowing for the possibility of their transfer to public archives under specific conditions.
Access and Use: The Act guarantees access to archival materials while protecting sensitive information. It outlines the conditions under which archival materials can be used by the public and researchers.
Penalties and Compliance: The Act includes provisions for monitoring compliance and sets penalties for violations, such as the unauthorized destruction or export of archival materials.
Superseded Legislation:
This Act consolidates and updates previous regulations related to the protection of documentary and archival materials in Slovenia. Specifically, it supersedes earlier versions of laws governing archives and introduces modern standards for digital archiving, aligning with technological advancements and international best practices.
Key aspects of the legislation include the requirement for cultural heritage to be considered in spatial planning, the establishment of state ownership over archaeological finds, and specific provisions for the return of illegally exported cultural objects, in line with international conventions. Additionally, the law mandates that heritage owners maintain their properties and allows for expert support and limited financial assistance for necessary interventions(Culture of Slovenia, ICRC IHL Databases, Art Law Center).
The Act plays a critical role in ensuring that Slovenia’s documentary and archival heritage is preserved, accessible, and managed in a way that supports both cultural preservation and legal requirements.
