The Historical Data Exemption factor is used in determining the applicability of data protection laws by excluding personal data contained in records that have been in existence for an extended period, typically 100 years or more, from the scope of data protection laws.

Provision Examples

"PDPA2012 Art.4(4a) in Singapore: (4) This Act does not apply in respect of — (a) personal data about an individual that is contained in a record that has been in existence for at least 100 years; or "

Description

The Historical Data Exemption factor is incorporated into laws to reduce the administrative burden on organizations that possess historical records containing personal data. Lawmakers extend or limit the application of data protection laws to such situations to strike a balance between the need to protect personal data and the need to preserve historical records.

The provisions in different jurisdictions reveal commonalities in the application of this factor. For instance, the Singaporean PDPA2012 exempts personal data contained in records that have been in existence for at least 100 years. This suggests that lawmakers consider the passage of time to be a relevant factor in determining the applicability of data protection laws.

Different approaches to this factor are not evident in the provided provisions. However, it is worth noting that international treaties and model laws, such as Convention 108 and the OECD Principles, do not explicitly address the Historical Data Exemption factor.

Implications

The Historical Data Exemption factor may limit the application of data protection laws to data processing by companies in certain situations. For example:

• A company in Singapore that possesses historical records containing personal data that have been in existence for over 100 years may not be required to comply with the PDPA2012 in respect of those records.
• A museum or archive in Singapore that holds historical records containing personal data may not be required to obtain consent from individuals or implement data protection measures in respect of those records.