Legislation

COLLECTION OF DOCUMENTS

Article 13: Identification of documents

  1. Public authorities and the archival network of the Republic of Albania support the Authority in its research to find documents of the former State Security and in their collection.
  2. When the public authority or archive is aware or ascertains, in the course of fulfilling its duties, that it possesses documents of the former State Security or other copies or duplicates of such documents, it immediately informs the Authority.
  3. When the Authority assesses that certain documents may be found with a public authority or archive, it addresses them with a written request for the identification and making available of the documents.
  4. When the public authority or archive receives a request, according to the provisions of point 3 of this article, it responds to the Authority, within 15 days from the submission of the request, making available, as the case may be, the documents or copies or duplicates thereof. When the requested document is not located at the public authority or archive, but the latter is aware of its location, the Authority shall be notified.
  1. The Authority, in agreement with the public authorities and archives, may examine the records, archives and information contained therein, when there is reliable evidence that documents of the former State Security are in their possession.
  2. When private natural or legal persons are aware or ascertain that they possess documents of the former State Security or copies or duplicates thereof, they shall immediately notify the Authority.

Article 14: Submission of documents by the public authority and archive

  1. Every public authority and archive shall, at the request of the Authority, submit to it the documents of the former State Security that are in their possession, including other copies and duplicates.
  2. When a public authority needs documents to be used in the performance of its functions and purposes, in accordance with the provisions of Section 2, Chapter IV, of this Law, it may make duplicates of them and use them. Original documents may be used as documents only to the extent necessary for the performance of its duties. In this case, duplicates shall be submitted to the Authority upon request.
  3. Notwithstanding the provisions of Section 2 of this Article, the documents for the affected parties shall be submitted to the Authority in their original and complete form.
  4. The Authority:

a) shall not have any restrictions on the recognition, study and use of original documents;

b) shall not submit original documents to the applicant, but duplicate documents issued by the Authority.

Article 15: Submission of documents by private natural and legal persons

  1. Every private natural and legal person shall immediately submit to the Authority, upon its request, the documents of the former State Security that it possesses, as well as other copies or duplicates, when these are not owned by the private natural or legal person. The proof of ownership shall belong to the private natural or legal person. For the purposes of implementing this law, documents that the latter, in cooperation with the former State Security, has prepared by itself shall be considered to be owned by the private natural or legal person.
  2. When the documents of the former State Security, according to the provisions of point 1 of this article, result in the ownership of the private natural or legal person, the latter shall make them available to the Authority to prepare copies or duplicates thereof.

Article 16: Documents of the Party of Labor of Albania and other socio-political organizations

  1. The Authority, in the implementation of its duties, according to this law, may request from the relevant bodies information on the type, content and place of storage of the documents of the Party of Labor of Albania and other socio-political organizations that have operated during the period specified in Article 2 of this law.
  2. The Authority, as necessary, may request to examine the documents provided for in point 1 of this article.
  3. At its request, duplicates of the documents provided for in point 1 of this article shall be submitted to the Authority, when these are related to the activity of the former State Security and are necessary for the fulfillment of its functions.
  4. The provisions of this article shall apply to those documents that have been created through cooperation with the former State Security, at the instigation of or in implementation of its orders and instructions.

Article 17: Return of documents by the Authority

  1. When there is no evidence that the creation of documents belonging to public authorities was instigated or ordered by the former State Security, the Authority shall return them, at the request of the public authorities or on its own initiative when it ascertains the above. The Authority may keep copies or duplicates of these documents.
  2. When, during its activity, the Authority encounters classified documents and information, according to the legislation in force for information classified as “State Secret”, according to the case and the level of classification, for their return it shall act in accordance with the provisions of this legislation.

Article 18: Archiving of documents

1. The Authority shall establish its own archive for the collection, storage, administration and use of documents. The archive shall be organized and operated in accordance with the provisions of this law, the Authority’s regulations and the legislation in force on archives.

2. The Authority shall archive all documents, copies and duplicates collected, in accordance with the provisions of this law.

In its archive, the Authority shall:

a) document the time, individual, institution or applicant to whom documents or information from the documents of the former State Security were delivered or forwarded, after completion of processing;

b) determine the information that was entered into the data processing systems and the time when it was entered;

c) prohibit unauthorized access;

ç) prohibits unauthorized persons from gaining access to former Security documents and data processing systems, with which information from documents is processed;

d) guarantees that documents are not read, copied, changed, destroyed or removed without authorization;

dh) guarantees that the transport of documents is accompanied by at least two members of the Authority, or persons authorized by the Authority;

e) provides for such organizational models, which respond to specific requirements for data storage.

3. After the expiration of the storage period, documents created by the Authority must be submitted to the archive, from which they were received, or from which the produced documents originate.

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