Translations:De GDPR en archiefzorg: wat is er nog mogelijk?/13/en

Uit Tracks
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The legal text does take these issues into account, however. For example, it states that ‘the further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall … not be considered to be incompatible with the initial purposes’.[1] The GDPR therefore provides the data controller with room to manoeuvre in the field of archive care. But this is not the end of the matter.

Considering that lots of personal data processing does not specify archive care as a purpose, the permission from the person concerned will often be lacking. In this case, the data controller will not be able to invoke permission as a legal ground for the processing. Invoking a legitimate interest as a ground for processing is the most obvious solution. The various exceptions in the legal text relating to archiving show that the legislator recognises the importance of archiving. It is, after all, important for both the archival organisation and society as a whole that good archives are maintained. A society without archives cannot reconstruct its history. An organisation without archives loses sight of its previous actions and loses essential information. Good management of the dynamic archives is also instrumental for an organisation’s efficient operation. Good archive care is furthermore important for satisfying the GDPR principle of integrity and confidentiality, as this can prevent the loss of information and unlawful processing.

  1. Art. 5§1 sub b, General Data Protection Regulation, Official Journal of the European Union, 4 May 2016.