 |
 |
Dear colleagues, I'm looking for some advice, or rather confirmation (or otherwise) of conclusions I've come to regarding a private collection that we are taking in on loan as a public body (and thus within the remit of FOI). The collection consists of fairly current material mainly from the last 20 years involving the depositor in a high profile public role. Accounting for the obvious DP restrictions, the depositor and our organisation is slightly anxious that certain information is not disclosed for an agreed time on grounds of confidentiality or liability to a third party. We are drawing up a loan deposit agreement with this in mind having consulted TNA's advice as given in 'Guidance for record repositories on loan (deposit) agreements for privately-owned archives' (October 2006), and 'Guidance on Assessing Whether Deposited Private Archive Collections are Covered by the Freedom of Information Act 2000' (July 2005) as well as various other ICO guidance. From this it appears that, if we clearly state so in the deposit agreement, we could close identified records to the public citing Section 41 of the FOI Act until the date of the next review (e.g. 30 Years) because it was provided to us in confidence as a loan rather than a gift. Could anyone tell me if this assumption is a) correct and up to date? b) been tested by any repository? Kind Regards Ian Johnson, Archivist, Special Collections, Newcastle University, Newcastle upon Tyne NE2 4HQ United Kingdom (+44 191) 222 3516 Contact the list owner for assistance at [log in to unmask] For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=archives-nra