Ref. Ares(2022)987750 - 10/02/2022
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
COMMISSION DECISION
of XXX
on records management and archives
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exception to the right to be informed, based on Article 16(5)(b) of the
Regulation, since the provision of such information would prove impossible or
would involve a disproportionate effort,
–
exception to the right of rectification, based on Article 19(3)(d) of the
Regulation, since the Commission’s processing for archiving purposes in the
public interest is necessary in order for it to be in conformity with the legal
obligations laid down in this Chapter and for the conduct of activities in the
public interest,
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exception to the right to restriction of processing on the part of the controller,
based on the exception in Article 20(2) of the Regulation, since processing for
archiving purposes is part of the retention concept.
3.
This Decision provides for limitations to the following rights of data subjects where
personal data are processed for archiving purposes in the public interest:
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the data subject’s right of access,15
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the right to rectification, where the personal data are incomplete or
inaccurate,16
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the obligation to notify the rectification or erasure of personal data or
restriction of processing,17
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the right to data portability,18
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the right to object to the processing.19
4.
The above limitations are subject to conditions and safeguards in accordance with
Article 13 and Recital 33 of the Regulation. Processing for archiving purposes in the
public interest provides for several safeguards, including:
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the files to be transferred to the historical archives are selected following a
case-by-case assessment according to the Commission’s common retention list,
and the other files are eliminated. In addition, structured personal data files,
such as personal and medical files, are never transferred to the historical
archives, but are eliminated at the end of the administrative retention period,
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for certain categories of files, for well-defined reasons, including the protection
of personal data, the common retention lists provide for the administrative
elimination of certain types of records belonging to those files before the end
of the administrative retention period and, consequently, these types of records
are not processed for archiving purposes in the public interest,
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prior to processing for archiving purposes in the public interest, the
Directorate-General or equivalent department shall report the potential
presence of sensitive personal data in the files destined for the transfer to the
Historical Archives,
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prior to the opening to the public of any Commission file, the Historical
Archives Service shall review it in order to verify the possible presence of
15
Regulation (EU) 2018/1725 of the European Parliament and of the Council, art. 17.
16
Regulation (EU) 2018/1725 of the European Parliament and of the Council, art. 18.
17
Regulation (EU) 2018/1725 of the European Parliament and of the Council, art. 21.
18
Regulation (EU) 2018/1725 of the European Parliament and of the Council, art. 22.
19
Regulation (EU) 2018/1725 of the European Parliament and of the Council, art. 23.
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ensure the correct and uniform application of this Decision and its implementing
rules within the services,
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deal with any issues which may arise from their application,
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relay the requirements of Directorates-General and equivalent departments as regards
training and support measures.
Article 19
Information, training and support
The Secretariat-General, in close cooperation with the Directorate-General for Informatics,
the Directorate-General for Human Resources and Security and the Historical Archives
Service, shall put in place the information, training and support measures necessary to ensure
the implementation and application of this Decision within the Directorates-General and
equivalent departments.
Article 20
Implementing rules
This decision is accompanied by implementing rules. They shall be regularly updated taking
account in particular of:
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developments regarding records and archives management and results of academic
and scientific research, including the emergence of related standards,
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information and communication technologies’ development,
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the applicable rules on the probative value of electronic records,
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the Commission’s obligations as regards transparency, public access to documents
and the opening to the public of archives,
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new obligations by which the Commission may be bound,
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harmonisation in the presentation of records from the Commission and its
departments.
Article 21
Repeal of previous acts
Commission Decision 2002/47/EC, ECSC, Euratom and Commission Decision 2004/563/EC,
Euratom are repealed.
[Article 22
Entry in force
This Decision shall enter into force on the day following that of its publication in the
Official
Journal of the European Union.]
Done at Brussels,
For the Commission
[…]
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The President
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