Archiving by the government

The government is obliged to archive some important information, i.e. retain this information permanently in an archive, because this information is, for example, of permanent social or historic value. This has been arranged in the Public Records Act.

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  1. General information

This information of the government often contains personal data. That is why governmental organisations have to take the privacy of the people concerned into account when archiving information. In principle, the information in an archive is accessible to everyone. This means that everyone can see the information.

That is why governmental organisations have to comply not only with the Public Records Act, but also with the privacy law, the General Data Protection Regulation (GDPR).

Quick answers

Mag de overheid mijn persoonsgegevens voor altijd bewaren?

Yes, that is allowed. Most information that the government processes about you is destroyed as soon as the government no longer needs this information for the performance of their public duties. But some important information must be retained by the government forever. This has been arranged in the Public Records Act.

Governmental organisations transfer the information that requires permanent retention to an archive. The information is retained there forever.

Are your personal data in this information? Then this often means that your personal data will also be retained forever. But if your personal data are not necessary for the purpose of archiving, the government will remove your personal data from the information first.

Are my personal data visible in an archive of the government?

No, not always. Usually, all information in an archive is public, but this is not always the case. Some personal data in archives are not public and are, therefore, not accessible.

Special categories of personal data not visible

Does the information of the government contain special categories of personal data about you, such as data about your ethnic origin, political opinions, religion or health? Or does it contain personal data relating to criminal convictions and offences? Then this information is not public.

Ordinary personal data

In the case of ordinary personal data, a governmental organisation has to assess on a case-by-case basis whether the information will or will not become public. When doing so, the organisation has to assess what carries more weight: the public access to the information or your privacy. When making this assessment, the organisation has to see what the risks may be if your personal data become public.

Access to your own data

You can access the information that a governmental organisation retains about you that is not public.

Public after 75 years

In the end, all information becomes accessible to everyone. In principle, this is after 75 years. When the new Public Records Act enters into effect, this will be after 110 years.

Related themes and subjects

Basis AVG

Retention of personal data

In order to keep proper records, organisations have to retain certain personal data for a period of time. But retaining personal data longer than necessary is not permitted.
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