Request
I am writing to request information from TNA about the operation of the Reclosure Policy and the activities of TNA staff in relation to his. Please see below for details of the information I am requesting:
A significant proportion of reclosures approved by the Reclosure Panel in recent years relate to historical court and crime records (especially those from the ASSI, J, CRIM, DPP and PCOM series). Can you confirm if this is the result of an undisclosed internal policy relating to records from these series? If so please provide a copy of any internal reports, policies, guidance and correspondence relating to this. This includes the paper circulated to members of the Reclosure Panel that led to the reclosure of 63 infanticide records from the 1930s and 1940s in April 2024 (see item 4, Summary of Reclosure Panel Meeting, 18th April 2024.)
Given that records designated “access under review” are withdrawn from public access immediately and unquestioningly on receipt of a reclosure request and, thus, without the Reclosure Panel having yet established if any of the FOI exemptions apply, what is the lawful basis for this practice and how is this compatible with TNA’s lawful obligation to maintain public access to records under the Public Records Act, particularly as records can remain “access under review” for an indefinite period?
In her report “Reclosure and Risk” circulated to TNA’s Executive Team on 6th April 2023, Lucy Fletcher states:
8. The Information Commissioner’s Office (ICO) accepts that TNA holds many records that were either transferred under previous access regimes or were inadequately sensitivity reviewed by transferring departments. ICO is happy with this, as long as we take steps to reclose as soon as these records come to light.
Given that the ICO is content that TNA users are able to continue to access public records that might otherwise have remained closed under the FOI exemptions, and has indicated that they only require the reclosure of records that engage the FOI exemptions “as soon as these records come to light”, why do TNA staff appear to be dedicating time and resources to actively seeking out records for reclosure? When was the decision to take this approach adopted and by whom? Please provide copies of any internal reports, policies and guidance relating to this.
I am writing to request information from TNA about the operation of the Reclosure Policy and the activities of TNA staff in relation to his.
Outcome
No information held.
Response
A significant proportion of reclosures approved by the Reclosure Panel in recent years relate to historical court and crime records (especially those from the ASSI, J, CRIM, DPP and PCOM series). Can you confirm if this is the result of an undisclosed internal policy relating to records from these series?
The National Archives does not have an undisclosed internal policy regarding the reclosure of records held in any series. Therefore, we do not hold copies of any internal reports, policies, guidance, or correspondence relating to this.
All reclosure at The National Archives’ takes place in line with guidance in our published reclosure policy: https://www.nationalarchives.gov.uk/legal/takedown-and-reclosure-policy/
Given that records designated “access under review” are withdrawn from public access immediately and unquestioningly on receipt of a reclosure request and, thus, without the Reclosure Panel having yet established if any of the FOI exemptions apply, what is the lawful basis for this practice and how is this compatible with TNA’s lawful obligation to maintain public access to records under the Public Records Act, particularly as records can remain “access under review” for an indefinite period?
Reclosure decisions are made in line with current information rights legislation, including the Freedom of Information Act 2000 (FOI) and the Data Protection Act (DPA) 2018.
Section 5 (3) of the Public Records Act 1958 explains that “It shall be the duty of the Keeper of Public Records to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office which fall to be disclosed in accordance with the Freedom of Information Act 2000”. Access to records held by The National Archives is therefore conditional upon whether exemptions to the disclosure of information are lawfully engaged under the FOI Act.
The Reclosure Policy provides a mechanism for placing records as ‘access under review’ where there are concerns raised about potentially sensitive information. This enables TNA to assess the information in line with the Freedom of Information Act 2000. This policy does not affect the statutory rights of members of the public to request access to a closed record by making a request under the FOI Act or the Environmental Information Regulations 2004. As is the case under the FOI Act, there will be a presumption in favour of disclosure, unless an exemption under the Act can be justified.
Given that the ICO is content that TNA users are able to continue to access public records that might otherwise have remained closed under the FOI exemptions, and has indicated that they only require the reclosure of records that engage the FOI exemptions “as soon as these records come to light”, why do TNA staff appear to be dedicating time and resources to actively seeking out records for reclosure? When was the decision to take this approach adopted and by whom?
The National Archives does not have a policy or practice to actively seek out records for reclosure. Therefore, we do not hold copies of any internal reports, policies or guidance relating to this.
The assessment of information within ‘open’ records which may need to be closed is triggered when The National Archives receives a request for reclosure, which may be from a member of the public, staff from another government department, or a member of staff at The National Archives. The National Archives’ staff may come across sensitive information in open records during the course of their work with open records, and if it comes to the attention of staff that information in an open record may be in contravention of the FOI or Data Protection acts, that information will require assessment and may be referred to the Reclosure Panel.