Availability of archives which contain personal information

Article 19.

(1) Personal data in public archives is available for use 100 years after the birth of the data subject or after the death of the data subject. If the date of birth and date of death of the data subject are unknown or if their determination would leaad to disproportionate difficulties and costs, personal data in public archives is available for use 70 years after the archives was created

(2) Personal data referred to in Paragraph 1 of this Article is the data determined by a special regulation governing the protection of personal data.

(3) In the case when public archives which contain personal data are given for consultation prior to the expiry of the deadline referred to in Paragraph 1 of this Article, the competent State Archives shall take the necessary technical measures to conceal the identity of the data subject (disidentification), and the user shall sign a statement of his commitment not to disclose the identity of the data subject if it is known to him on the basis of the information available.

(4) Personal data in public archives shall be available for use before the expiry of the time limit referred to in Paragraph 1 of this Article:

    • if the use of archives is required by the person to whom the records relate or by the person authorized by such a person,
    • if such records have been intended for the public since their creation,
    • if the personal data of the data subject has already been made available to the public or is generally known,
    • if the data subject agrees to such use,
    • if the data subject published that information personally or through any other person

(5) The technical measures referred to in Paragraph 3 of this Article shall be taken in such a way that the original archives are not damaged or destroyed and that after the expiry of the period referred to in Paragraph 1 of this Article, they may be used its entirety.

(6) A user who considers that the availability of personal data in public archives is restricted in contravention of the provisions of this Article, has the right to file a reasoned request for termination of technical measures for the protection of personal dana.

(7) In the event of refusal of the request referred to in Paragraph 6 of this Article, the Director of the competent State Archives shall, within eight days from the submission of the request, issue a written reasoned decision against which an appeal to an independent national supervisory body established in accordance with a special law governing the field of personal data protection is allowed.