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Privacy, confidentiality and data protection

Susan Healy The National Archives. Privacy, confidentiality and data protection. 3 May 2012. FOI/EIR. Common law. Other legislation. Data protection. Legal framework. archivists. depositors. employers. researchers. subjects. Between a rock and a hard place …. Archivists

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Privacy, confidentiality and data protection

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  1. Susan Healy The National Archives Privacy, confidentiality and data protection 3 May 2012

  2. FOI/EIR Common law Other legislation Data protection Legal framework

  3. archivists depositors employers researchers subjects Between a rock and a hard place … • Archivists • Depositors • Employers • Researchers • Subjects

  4. Case study – FS50416747 (WYAS case) • Records re prosecution of foreign national serving in the UK for sexual offence in 1943 • Applicant believes she is the result of the encounter and wants to know her father’s name (her mother is dead) • WYAS confirmed it holds relevant records • WYAS refused to provide the information citing FOIA s s 40 (personal data) – the man prosecuted may be alive, would only be in his 80s, so DPA applies • ICO upheld refusal

  5. For 1943 is a long time ago Art 8 ECHR – hers to details of her identity Art 8 ECHR - hers to discover family health history Public knowledge at the time? Is it her personal data too? Against He may still be alive DPA Principle 1 breach Art 8 ECHR – his to private and family life Public knowledge then is not public knowledge now FOI is about access to all, not a private interest Possible mistaken identity Arguments for and against disclosure

  6. The future – EU Data Protection Regulation • Right to correct inaccurate data or complete incomplete data (Art 16) • Can concept apply to archives? • Right to be forgotten and to erasure (Art 17) • some protection for data being processed for research purposes only • what if data being processed for other reasons also, e.g. Children’s Society? • Archivists to anonymise personal data if possible and review data retention every 3 years (Art 83)

  7. References • Information Commissioner’s Office - general and topic-specific guidance and FOI Decision Notices - • www.ico.gov.uk • Code of practice for archivists and records managers under s51 of the Data Protection Act 1998 – • http://www.nationalarchives.gov.uk/information-management/legislation/data-protection.htm • EC draft Data Protection Regulation • http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf

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