REMEMBRANCE IN TIME - Index of

Jens BIENERT: 8 th Amendment to the Stasi Records Act of 2011 353
The Stasi had records on some 6 million people. It is one of the largest archives in
Germany with a total of approximately 180,000 linear metres of records. 13 Additionally,
there are more than 15,000 bags with shredded documents. 14
3. Stasi Records Act
At the end of 1991, the Stasi Records Act provided the legal framework for the various
forms of the inspection of files. The German legislator had decided to open and to use the
records. Individuals can inspect their files to see how the Stasi determined their fate.
Scholars and journalists can also request access to the files for historic research. Public
agencies and a few private institutions are allowed to use the Stasi-files for examination
whether a person was formerly an official employee or an unofficial informant of the Stasi or
not. So information from the Stasi-archives can prohibit that ex-Stasi-employees manage to
infiltrate secretly state authorities. The law of 1991 allowed the examination of persons only
in higher functions and leading positions. Since 1991 up to the middle of the year of 2012,
about 6.751.348 applications for information, for inspection of files, and for decoding of the
real names of unofficial informants of the Stasi were submitted, including applications for
examination whether a person was an official employee or an unofficial informant of the
Stasi or not. In 2011, about 80.611 applications of citizens were still worked on. 15
3.1. The application for private inspection of files
Every individual has the right to ask the Federal Commissioner for the Stasi Archive
whether there is information on his person in the documents or not. If there are
documents found on somebody, access is granted. Every person has the right to inspect
those documents which were compiled individually on his person. 16
3.2. Access to files for scholars and journalists
The Federal Commissioner for the Stasi Archives supports historical research, press, radio,
media and facilities for political education in the historical and political reconstruction of the
activities of the Stasi, and of the regime of the former GDR. Under certain legal
requirements access is allowed to scholars and journalists. Applications from established
research institutions, such as universities, are approved without further examination. 17
13
More detailed information about the return of Stasi files to Germany:
http://news.bbc.co.uk/2/hi/europe/703303.stm.
14
Detailed information: http://www.bstu.bund.de; Bundestag, VIZ 2004, p. 107;
http://www.nytimes.com/2003/07/17/technology/back-togetheragain.html?pagewanted=all&src=pm;http://www.spiegel.de/international/germany/puzzlingtogether-the-past-new-computer-program-to-reassemble-shredded-stasi-files-a-482136.html.
15
See: http://www.bstu.bund.de/DE/BundesbeauftragteUndBehoerde/BStUZahlen/_node.html; see
also the number of applications up to 31.12.2007: BT-Drs. 16/9875, p. 6:
http://www.bundesregierung.de/Content/DE/_Anlagen/BKM/2008-06-18-fortschreibunggedenkstaettenkonzepion-barrierefrei.pdf?__blob=publicationFile.
16
Further information about the access to Stasi files: Bienert, in: Calvary – Deportations and
Destinies, p. 171 (176).
17
About the access to Stasi files on holders of political offices: BVerwG, 8.3.2002 - 3 C 46/01,
NJW, p. 1815; VG Berlin, 4.7.2001 – 1 A 389/00, NJW 2001, p. 2987; Arndt, NJW 2001, p.
2948; Arndt, NJW 2004, p. 3157; Geerlings/Küas, DVBL 2001, p. 1642.