Request
1. Would it please be possible for me to be sent a copy of the, ‘paper brought by The National Archives setting out its rationale for a 100-year closure period for personal information’, and any other relevant documents which were presented at the same meeting(s) where this matter was discussed?
2. At a time when the closure period for government files was in effect being reduced, why was it deemed necessary to make the Section 40(2) exemption last for a century or until death? (Was it alleged that members of the public identified in released files had been harassed by researchers or the press, for example?)
3. What was the situation between the passing of the FOIA 2000 and the passing of the FOIA 2005, i.e. within government documents released by TNA during that period, were researchers able to see individuals’ names, addresses, and phone numbers as they previously had in documents released under the 30-year rule in, say, the 1990s?
Outcome
Information provided.
Response
1. Would it please be possible for me to be sent a copy of the, ‘paper brought by The National Archives setting out its rationale for a 100-year closure period for personal information’, and any other relevant documents which were presented at the same meeting(s) where this matter was discussed?
Please find attached a copy of the relevant paper written in 2004, entitled ‘Life Expectancy and the Closure of Personal Records’, as well as two appendices.
https://cdn.nationalarchives.gov.uk/documents/cas-93261-life-expectancy-appendix-a-acnra-04-11.xls
https://cdn.nationalarchives.gov.uk/documents/cas-93261-life-expectancy-appendix-b-acnra-04-11.doc
2. At a time when the closure period for government files was in effect being reduced, why was it deemed necessary to make the Section 40(2) exemption last for a century or until death? (Was it alleged that members of the public identified in released files had been harassed by researchers or the press, for example?)
Please see the attached paper for further information setting out the rationale that was used.
Please note that the 100-year period was used as a convenient method of estimating the lifespan of an individual, in order to ensure that there is a low risk of the unfair release of personal data during an individual’s lifetime. The assumption of a 100-year lifespan does not mean that all records closed under section 40(2) are closed for 100 years, as for many records there is an assumption that adults, whose ages are not known, are presumed to be a minimum of 16 years old. Hence an 84-year closure period is often used, although 100-years may still be relevant if records contain the sensitive personal data of children.
Moreover, it is not obligatory to close all personal data for the subject’s lifetime; some personal data is transferred as open to The National Archives, and some is closed for a period shorter than 100 years.
Please see the following link for TNA’s published guidance on closure periods, for further information on this subject:
https://cdn.nationalarchives.gov.uk/documents/information-management/closure-periods.pdf
3. What was the situation between the passing of the FOIA 2000 and the passing of the FOIA 2005, i.e. within government documents released by TNA during that period, were researchers able to see individuals’ names, addresses, and phone numbers as they previously had in documents released under the 30-year rule in, say, the 1990s?
Before the Freedom of Information Act 2000 came into effect in 2005 many records were (and still remain) closed under Lord Chancellor’s Instruments (LCIs). These closure instruments were used to close files with particular sensitivities (such as personal information) for extended periods. Many of these pre-FOI closures were for 100-year periods (used for the HO 405 series, for example). The standard 30-year closure period continued in use for records considered as less sensitive by transferring departments. Access to any open records would not have been affected.
Further advice and assistance:
For further information on The National Archive’s data protection policies you may find the following link informative:
https://www.nationalarchives.gov.uk/information-management/legislation/data-protection/