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Source: BUS Sachsen-Anhalt (Linie6PLus)

Requesting access to Stasi records as a public/non-public body

Description

Public and non-public bodies can contact the Stasi Records Archive with a request for purposes specifically defined in the Stasi Records Act (StUG) if they need information

  • for the purpose of screening persons with regard to work for the State Security Service of the former GDR,
  • in the context of rehabilitation and reparation procedures,
  • in pension matters (conditional),
  • in matters of religious orders or
  • in security and background checks.

Access to the documents of the State Security Service may be in the form of:

  • the written notification,
  • the inspection of the file,
  • the surrender of documents,

with written notification being the rule.

A supplementary communication may be sent to the requesting body on request, accompanied by further copies, if necessary, if the communication raises technical questions or if further clarification is required.

If no information is available for the purpose, a corresponding notification will also be made.

Access to the Stasi documents must be requested in writing by the public or non-public body from the Stasi Records Archive.

Hint:
Due to the statutory purpose limitation, the notification sent may only be used by the requesting body for the respective purpose. This also results in a ban on disclosure with regard to the communication and the information contained therein.

Hint:
This access to Stasi documents is mainly aimed at public authorities. For non-public bodies, access is very limited. In case of uncertainties, a personal consultation in the department is recommended due to the complexity.

A request for access is admissible if:

  • a public or non-public body within the meaning of the Federal Data Protection Act makes the request,
  • it is a request for an authorised use, such as
    • the screening of persons with regard to work for the State Security Service of the former GDR,
    • in the context of rehabilitation and reparation procedures,
    • in pension matters (conditional),
    • in matters of religious orders or
    • security and background checks;
  • the request is within the scope of your duties,
  • the use is necessary for the stated purpose.
  • written request with details of the persons requested
    • Last name, first name, maiden name
    • Date and place of birth
    • Addresses after the age of 18 and up to 1989
  • depending on the intended use, proof must be provided that the person in question is aware of the request

No fees or expenses shall be charged for the processing of requests for inspection, information and delivery of copies by public sector bodies.

In the case of requests from non-public bodies, fees and expenses are levied in accordance with the Stasi Records Cost Schedule and the List of Fees and Expenses as follows:

  • Fees for written notices
    • Documents available: EUR 38.35
    • Documents not available: EUR 12.78
  • Fees for inspection:
    • Inspection without prior written information: EUR 38.35
    • Inspection after prior written information: EUR 10.23
  • Fees for the issuance of duplicates
    • Publication without prior inspection: EUR 10.23
    • Issuance after prior inspection: EUR 5.11
  • Expenses per DIN A4 copy of paper originals: EUR 0.10
  • Expenses per DIN A3 copy of paper originals: EUR 0.15
  • Reproductions of filmed files per page: EUR 0.18
  • Making copies or duplicates of other information media: in full

Details can be found in the Special Fees Ordinance of the Federal Government Commissioner for Culture and the Media (Special Fees Ordinance BKM – BKMBGebV) with a list of fees and expenses on the website of the Stasi Records Archive.

The processing time depends largely on the scope of the search and any documents to be evaluated. Requests for specific purposes will be dealt with as a matter of priority.

  • in the event of rejection of a request from an authority: application for review of the refusal in the context of a decision-making procedure before the Higher Administrative Court of Berlin-Brandenburg. There is no need for a pre-litigation procedure.
  • in the event of rejection of requests from other public and non-public bodies: objection and action

Access to the Stasi documents must be requested in writing by the public or non-public body from the Stasi Records Archive:

  • For this purpose, the office downloads the form from the website of the Stasi Records Archive.
  • She must fill it out completely and send it together with all necessary documents by post to the Stasi Records Archive.
  • If there are more than one person, an XLSX file can be used, which must then be submitted on CD-ROM. This can also be downloaded from the website of the Stasi Records Archive.
  • Upon receipt of the agency's request, the Stasi Records Archive checks whether the request is admissible, complete, and subject to a fee.
  • If necessary, the body will be asked to provide information or documents.
  • If all legal access requirements are met, research is carried out in the indexed holdings of the State Security Service.
  • If documents are available, they will be reviewed and evaluated according to the purpose of the request.
  • If no information on the intended use of the body could be ascertained, it will be notified of this.
  • As a general rule, the public or non-public body will then receive a communication by post, accompanied, if necessary, by duplicates of the original files.

Hint:
Under special conditions, the public or non-public body may subsequently obtain access to the file for communication.

The Federal Government Commissioner for Culture and the Media (BKM)

The text was automatically translated based on the German content.

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