Archiving (in the Public Interest)
Definition
The preservation of records, documents, and data for historical, research, or statistical purposes that serve the public good. Privacy laws recognize archiving in the public interest as a legitimate reason to retain personal data beyond normal retention periods. This applies to institutions like museums, libraries, research institutions, and public archives that preserve materials for cultural, scientific, or historical value. However, even for public interest archiving, privacy protections still apply. Organizations must implement appropriate safeguards, typically including access restrictions, pseudonymization where possible, and security measures. The public interest must be genuine and documented—you can't claim archiving exemptions simply to keep data indefinitely. Archives should balance preservation with privacy by limiting access, redacting sensitive information where appropriate, and maintaining clear policies on data handling.
Applicable Laws & Regulations
- 1GDPR Article 89(1) - Safeguards for processing for archiving purposes
- 2GDPR Article 89(3) - Member State derogations for archiving
- 3GDPR Recital 158 - Archiving in the public interest