REMEMBRANCE IN TIME - Index of

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Remembrance in Time
3.3. Applications of public agencies and a few private institutions
The access to the archives of the Stasi for public agencies and for a few private
institutions is also regulated. The examination whether a person was an official employee
or an unofficial informant of the Stasi or not is possible. According to the Stasi Records
Act of 1991, only members of the Federal Government or of a Federal State
Government, elected representatives and local elected officials, only persons who
accepted leading positions in public service (e.g. director of offices) could be
examined, as well as judges. The employees of the Federal Commissioner for the Stasi
Archives might also be subject to examination to clarify whether they worked for the
Stasi or not. 18
3.4. Access to files for near relatives of missing or dead persons
According to the Stasi Records Act of 1991, the documents on missing or dead persons
were only accessible for a specific group of persons and the access was limited for certain
purposes. Generally, the files of missing or dead persons were not accessible. However,
there were exceptions for near relatives of affected persons (near relatives are i.e.
spouses, children, grandchildren, parents). Access was granted only in questions on
vindication or on the determination of the fate of a missing or dead person. Personal
interests did not establish a right of access (i.e. family research). 19
4. 8 th Amendment to the Stasi Records Act of 2011
At the end of December 2011, the Stasi Records Act was reformed by the 8th
Amendment to this act. Essential contents of this 8th Amendment of the statute are:
Easier access to Stasi-files for near relatives of affected persons, expansion of the
group of civil servants subject to examination of past Stasi activities and removal of
former Stasi-employees from the office of the Federal Commissioner for the Stasi
Archives. 20
4.1. Easier Access to files for near relatives of missing or dead persons
Near relatives can gain now easy access to the files of missing or dead persons if
interests of other people whichever deserve protection are not prevailing. 21 Sufficient for
access is legitimate interest in the practice and proceedings of the SED dictatorship. More
and more, young Germans want to see Stasi-files of relatives. They are interested if their
parents or grandparents have spied for the Stasi or if they were, on the other hand,
themselves victims of the GDR Secret Service. 22
18
More detailed information about the access to Stasi files: Bienert, in: Calvary – Deportations
and Destinies, p. 171 (179).
19
Thereto: http://www.spiegel.de/politik/deutschland/ddr-immer-mehr-junge-deutsche-wollenstasi-akten-von-verwandten-einsehen-a-820691.html.
20
See the overview of the amendment law: http://www.bstu.bund.de/ DE/Bundesbeauftragte
UndBehoerde/Rechtsgrundlagen/StUG/StUG_novelle_2011/stug_novelle_node.html.
21
BT-Drs. 17/5894, p. 6, http://www.bundestag.de/bundestag/ausschuesse17/a22/berichte/Stasi-
Unterlagen-Gesetz/gesetzentwurf.pdf.
22
In addition: http://www.spiegel.de/politik/deutschland/ddr-immer-mehr-junge-deutsche-wollenstasi-akten-von-verwandten-einsehen-a-820691.html.