This open access book addresses the protection of privacy and personality rights in public records, records management, historical sources, and archives; and historical and current access to them in a broad international comparative perspective. Considering the question “can archiving pose a security risk to the protection of sensitive data and human rights?”, it analyses data security and presents several significant cases of the misuse of sensitive personal data, such as census data or medical records. It examines archival inflation and the minimisation and reduction of data in public records and archives, including data anonymisation and pseudonymisation, and the risks of deanonymisation and reidentification of persons. The book looks at post-mortem privacy protection, the relationship of the right to know and the right to be forgotten and introduces a specific model of four categories of the right to be forgotten. In its conclusion, the book presents a set of recommendations for archives and records management.
Author(s): Mikuláš Čtvrtník
Publisher: Palgrave Macmillan
Year: 2023
Language: English
Pages: 320
City: Cham
Acknowledgements
Keywords
About the Book
Contents
About the Author
Abbreviations
List of Tables
Chapter 1: Introduction
Chapter 2: Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: International Comparison, Germany and “Protection of Legitimate Interests”
2.1 European Court of Human Rights: Archives, Privacy, and the Right to Be Forgotten
2.2 Post-mortem Personality Protection from a Common Law Perspective and in International Comparison
2.3 Germany and Protection of “Legitimate Interests of Data Subjects” (“Schutzwürdige Belange”)
2.3.1 Klaus Kinski’s Psychiatric History and Closure Periods for Access to Post-mortem Data
2.3.2 Victims of Nazi “Euthanasia” in Germany
2.3.3 Post-mortem Protection of Jewish Victims from the German Town of Minden and the Risk of Exposing Jewish Origin Under the Current Threat of Rising Anti-Semitism
2.4 Archives of the Former East German State Security Service (Stasi): A Model for Applying the Concept of “Legitimate Interests” in Archival Practice—Purpose of Consultation, Interest of Science, and Privileged Access
Chapter 3: Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives: France and United Kingdom
3.1 France: General and Individual Derogations and Differentiated System of Closure Periods—Liberal-Centrist Approach
3.1.1 France and the Model of General and Individual Derogations
3.2 United Kingdom: Public Interest Test, Proportionality of Interests, Common Law, and Confidentiality—Decentralist Approach
3.2.1 Public Interest Test: Freedom of Information Exemptions
3.2.2 Breach of Confidentiality: Public Interest Test as Proportionality Test
3.2.3 “Historical Records” and Archives: Second-Level Testing
3.2.4 Protection and Disclosure of Personal Data in UK Archives and Public Administration
3.2.5 Post-mortem Personality Protection in the United Kingdom
3.3 Conclusion
Chapter 4: The Paradox of Archiving: Personality Protection and a Threat in One—Archives and Child Sexual Abuse
4.1 Odenwaldschule and Records Testifying to Sexual Abuse of Children: Premature Archival Records Management
4.2 Church and Child Sexual Abuse: Access to Archives as a Form of Protection
4.2.1 Public-yet-Private Records and the Process of “Publicization” of Private Records
4.3 Conclusions from the Analyses of Preservation and Archiving Records Testifying About Child Sexual Abuse and Recommendations
Chapter 5: The Right to (Not) Be Forgotten, Right to Know, and Model of Four Categories of the Right to Be Forgotten
5.1 The Right to Be Forgotten and the European General Data Protection Regulation (GDPR)
5.2 The Right to Be Forgotten Versus the Right to Memory, the Right to Know
5.3 Model of Four Categories of the Right to Be Forgotten: Temporary Versus Permanent Right to Be Forgotten—Data Anonymisation and Pseudonymisation
5.4 Conclusion: The Need for (Not)forgetting: Archival Deflation—Preservation—Archives and Records Destruction
Chapter 6: Archival Inflation and Reduction of Records, Data, and Archives
6.1 Records Archiving as a Tool of Personal Data, Personality, and Privacy Protection
6.2 Archival Inflation and the Reduction of Records, Data, and Archives
Chapter 7: Archiving as Security Risk to Protection of Persons and Their Personality Rights
7.1 Medical Records and Data Security
7.2 Census
7.2.1 Misuse of Personal Census Data in the USA
7.2.2 Totalitarian Regimes and Personal Data: Misuse of Personal Census Data in Nazi Germany
7.2.3 Germany: “Census Ruling” and the Principle of Timely Anonymisation of Personal Data
7.2.4 Time Capsule Versus Archiving: Census Time Capsules in Australia and Ireland
7.3 The Case of Jewish Files (“Fichiers Juifs”) in France: Archiving of Materials Intended for Destruction and Their Concealed Existence
7.4 Personal Data Breaches: National Archives and Records Administration (NARA) Cases
7.5 Totalitarian Abuse of Totalitarianism: The East German State Security Service and Personal Data Misuse in the “Archive of National Socialism” (“NS-Archiv”)
Chapter 8: Data Minimisation—Storage Limitation—Archiving
8.1 Data Retention as a Specific Form of Data Minimisation, and Data Storage Limitation
8.2 Data Minimisation and Storage Limitation in Relation to Archives and Archiving
8.2.1 Records Destruction and Archival Appraisal as Basic Tool for Minimising Personal Data in Records and Archives
8.2.2 Anonymisation, Pseudonymisation, and the Link to the Model of Four Categories of the Right to Be Forgotten
8.2.3 Deanonymisation and Reidentification
8.3 Conclusion
Conclusion
Recommendations
Summary
Brief Glossary
Selected Bibliography
Archival Fonds
Index
