There are two issues here:
- whether the deposited collection will be subject to FOI
- whether, if so, FOI provides a means of respecting the depositor's wishes
On the first point, you will have seen in the FOI Updates circulated with our newsletter RecordKeeping that the issue of whether private collections held on deposit are covered by FOI is a big one. There is scope to argue that such collections are not subject to FOI, depending on a lot of factors. We are working on guidance on assessing whether a private collection is subject to FOI and hope to issue it shortly. Here is a link to RecordKeeping for those who have not seen it.
<http://www.nationalarchives.gov.uk/services/recordkeeping.htm?source=ddmenu_services9>
On the second point, Tim Padfield has reminded us of the s 41 exemption in FOIA (actionable breach of confidence) and of the importance of ensuring that deposit agreements are tightly drawn.
Susan Healy
Head of Information Policy and Legislation Unit
The National Archives
Kew
Surrey TW9 4DU
Tel 020-8392 5330 ext 2305
www.nationalarchives.gov.uk
-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]]On Behalf Of Debbie Usher
Sent: 09 June 2005 12:04
To: [log in to unmask]
Subject: FOI, Closure periods and new accessions
Dear All,
I have been offered a collection of papers where the family wishes a part
of the collection to remain closed for a period of time (until the death of
those who may be affected by placing the records in the public domain).
What is the best way of accepting such a collection to give the Archive
freedom to completely close some of the records without being in breach of
FOI?
I appreciate that Data Protection will close some records and I note from
the January issue of ARC that there is exemption Section 41 (information
provided in confidence). Does it make any difference if the material is on
loan rather than a gift to the Archive?
Any comments on the above would be gratefully received. It would be a shame
if FOI meant that collecting Archives had to turn down some new
accessions.
With Many Thanks,
Debbie Usher, Archivist
Middle East Centre Archive
St Antony's College
Oxford OX26JF
UK
tel. +44 1865 284706
tel. UK 01865 284706
email: [log in to unmask]
web: http://www.sant.ox.ac.uk/areastudies/meca.shtml
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