The exemption for archival processing is a factor that limits the applicability of data protection laws by excluding certain activities related to national archives and archival work from their scope. This factor recognizes the unique nature and importance of archival documents in preserving historical records and cultural heritage.

Provision Examples

"№ 152 - FZ Art.1(2)(2) in Russia: 2. The operation of this Federal Law does not apply to activities related to:2) Arrangement of storage, compilation, registration, and use of personal data contained in files kept by the Archival Fund of the Russian Federation and in other archive files in accordance with the legislation on archiving in the Russian Federation;"

"Law on personal data and its protection Art.3(3)(2) in Kazakhstan: 3. This Law does not apply to relations arising when:2) formation, storage and use of documents of the National Archival Fund of the Republic of Kazakhstan and other archival documents containing personal data, in accordance with the legislation of the Republic of Kazakhstan on the National Archival Fund and archives;"

Description

The exemption for archival processing is a common feature in data protection laws across several jurisdictions, particularly in post-Soviet countries. This factor is incorporated into laws to balance the need for personal data protection with the preservation of historical records and cultural heritage.The rationale behind this exemption includes:

1. Preserving historical records: Archival documents often contain personal data of historical significance that needs to be preserved for future generations.
2. Facilitating research: Exempting archival processing allows researchers and historians to access important historical documents without undue restrictions.
3. Recognizing the unique nature of archival work: Archival processing often involves handling large volumes of historical data that may not be subject to the same privacy concerns as current personal data.

Azerbaijan's approach differs slightly, as it groups the archival exemption with other national security-related exemptions and refers to*"personal data related to state secrets and collected in the national archival fund"*

Implications

This exemption has several implications for data processing activities:

1. Archival institutions: National archives and other archival institutions can process personal data contained in historical documents without being subject to the general data protection law. For example:

• Digitizing historical records containing personal information
• Creating searchable databases of archival documents
• Publishing historical documents online for research purposes

2. Researchers and historians: Those working with archival materials may have easier access to personal data for research purposes. However, they should be aware that other ethical or professional standards may still apply.
3. Companies dealing with historical data: Businesses involved in preserving or managing historical records should carefully consider whether their activities fall under this exemption. For instance:

• A company digitizing old newspapers containing personal data for a national library might be exempt
• A genealogy service using historical records to create family trees may not be exempt if it's not part of the official archival system

4. Data subjects: Individuals whose personal data is contained in archival documents may have limited rights under data protection laws regarding this information. For example:

• A person may not be able to request the deletion of their personal data from historical archives
• Access rights to one's own data in archives may be governed by archival legislation rather than data protection laws

5. Cross-border data transfers: Organizations transferring archival data containing personal information between countries should be aware that this exemption may not apply uniformly across jurisdictions, potentially affecting the legality of such transfers.