Colleagues,
The National Archives has just published a Guide to archiving personal data, produced in collaboration with partners in NRS, NAI, PRONI, the Welsh Government, the Archives and Records Association and with the Steering Group chaired by Dr Elizabeth Lomas of UCL:
http://www.nationalarchives.gov.uk/information-management/legislation/data-protection/
We are grateful to all of the above and everyone else who contributed through the wider Review Group or who commented separately on the exposure draft posted to the same location in June. We are particularly delighted that Elizabeth Denham, the Information Commissioner, has now endorsed it with a Foreword.
The Guide focuses on the key concepts and their implications in the reformed data protection legal environment around the new concept (in legislation at any rate) of Archiving in the Public Interest. These previously formed a subset of the issues linked to the s. 33 DPA 1998 exemption for research, history and statistics. Under the new regime, provided the specified safeguards for archiving in the public interest are met, certain of the other requirements of GDPR and through the new DP Act apply in adapted form such as data rectification, storage limitation and initial notification of processing to data subjects. This is all important to archives being confident they can carry out their mission under the reformed law.
It is designed to complement the more general guidance issued by the Information Commissioner’s Office and forthcoming, broader –scoped replacement planned by ARA for the Code of Practice issued under s.51 of the DPA 1998 by TNA, ARA IRMS and NAIM. TNA’s website also has an overview of data protection law for archives services and a developing FAQ. The later will be the vehicle for covering some issues raised that are out of the scope of the new Guide.
Kind regards
Malcolm Todd
Head of Policy
The National Archives
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