Privacy & Archives
Archives at the Allard Pierson: privacy rights under the GDPR
On a regular basis, (well-known) Dutch individuals donate or transfer their personal archives to the Allard Pierson (formerly the Allard Pierson Museum and the Special Collections of the University of Amsterdam (UvA)). The Allard Pierson stores these archives, preserves them for the future, may digitise them, and makes them available for research. In this way, the Allard Pierson performs a task in the public interest on the basis of the Higher Education and Research Act (WHW).
The archives are kept, so to speak, “for eternity”. They contain numerous documents that include personal data. This may concern ordinary personal data, such as names and addresses, but also special categories of personal data, such as religious or political beliefs. The General Data Protection Regulation (GDPR) applies to the data of persons who are still alive.
We do not publish online archives that contain information about persons who may still be alive. These archives are, however, available for research in the Allard Pierson Research Room. Researchers must handle any personal data they encounter with due care. Further information can be found in our house rules, under "Personal Data".
If your data appear in the archives, you have a number of rights pursuant to Article 45 of the Dutch GDPR Implementation Act (UAVG):
- Right of access and right to information: You may ask whether, and which, personal data relating to you appear in the archives. However, the Allard Pierson does not have an exhaustive list of all persons mentioned in the archives. Requests for access to archives are assessed under Article 45 of the UAVG, rather than under the usual Article 15 of the GDPR. A request need not be granted if it is so unspecific that it cannot reasonably be complied with.
- Right to add your own statement: If your personal data in an archive are inaccurate, you cannot request their rectification: original archival documents cannot be amended. However, pursuant to Article 45(3) of the UAVG, you may request that a statement setting out your own view be added to the relevant document.
- Right to restriction of processing: You may ask us temporarily not to make archival material available for research, for example where you contest the lawfulness of the processing.
- Right to object: You may object to the processing of your personal data. We will then assess whether our interest in archiving and making the material available outweighs your interests and rights.
The following GDPR rights do not apply where personal data are necessary for archiving in the public interest:
- Erasure of personal data: You cannot request the removal of your name or other personal data relating to you from an archival document. Retention is necessary because of the archive’s historical value.
- Data portability: You cannot invoke the right to data portability. This right applies only to automated processing based on consent or a contract, and not to processing for a task carried out in the public interest.
We assess every request individually and, where possible, seek a solution that protects your privacy without unnecessarily affecting the archive. You can submit a request concerning your personal data through the UvA privacy lawyer at jz-privacy-bb@uva.nl.
If you believe that your personal data are being used in breach of the GDPR, you may submit a complaint to the Data Protection Officer (DPO) at fg@uva.nl. The DPO acts as the link between the UvA and the external supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). The DPO acts independently and is subject to a duty of confidentiality.
If you disagree with the way the DPO has handled your complaint, you may submit a complaint directly to the Dutch Data Protection Authority.