Arhivska građa i zaštita podataka o ličnosti.

1. ARCHIVAL MATERIALS IN DIGITAL MEDIA
AND DATA PRESERVATION
ICARUS CONVENTION #24
BELGRADE, 23-25. 9. 2019.
Ms. Jasmina Živković, archival consultant
Archival Association of Serbia

2. INTRODUCTION
The development of informational technology requires an adaptation of archival
activities in order to facilitate communication and make it easier for researchers
and users to access archival materials.
Archives have been using more and more digital portals that contain databases of
materials kept in archival storages.
A significant amount of archives has been digitalized so far, and in Serbia there is
an increase when it comes to establishment of electronic archives and
digitalization of cultural heritage.
The question is: what is the availability of archival materials in digital form which
contain confidential or personal data that are protected by special laws?

3. WE ARE INTERESTED IN…
Normative regulation of:
* availability and use of archives
* digitalization process
* personal data protection
The relationship between
archival materials --- digitalization --- availability of personal data
protection

4. THE AVAILABILITY AND USE OF ARCHIVAL MATERIALS
International Normative Framework
 The role of archives: protection of the rights of people and the state, the entirety of archival materials covered by
information media, whether there is a limitation when it comes to the use of such materials or not
 The task of the archivist: continuous availability of documents and the widest possible availability of archival material,
equal service to all users, respecting the right of access to archival materials, but also the right to protect the privacy
of users
 Freedom of access to information, transparency, mutual respect
 The use of new technologies for better access to archives, digitalization of archives
 Access to public archives proclaimed as law (including the necessary exceptions and limitations), compliance with the
proclaimed principles and procedures
 Incorporation of common principles into the legal regulations of each country so that it is equal everywhere in the
European Union and that each individual has the same rights regarding the availability and use of archival materials

5. THE CASE IN SERBIA: AVAILABILITY OF ARCHIVE
MATERIALS
 Law on Cultural Property (1994) - general deadline for submission of archival materials to archives of general or
special type
Archival materials are generally used 30 years after they are created
 Draft of the Law on Archival Materials and Archival Activities (2019) – concrete solutions
Availability of archival material - general term of 30 years from the date of its creation
 Exception: less than 30 years from the date of creation of archival materials in special conditions: approval of the
creator or holder, the need of state bodies and organizations to perform their activity, the need to protect their rights in
court, administrative or arbitration proceedings and for scientific research purposes
 Restrictions – archival material containing data relating to the defense of the country and national security, as well as
those relating to the economic and other interests of Serbia, is available for use after the expiration of 50 years from
the date of its origin, unless otherwise provided by a special regulation.
The practice of some special archives tolerates longer terms (50 years; for example Military Archive in Serbia).
 Users of archival materials are responsible in cases of violation of public interest, i.e. privacy, as well as violation of
personal rights and interests that would result from the use of archival material

6. THE CASE IN SERBIA: DIGITIZATION OF ARCHIVAL
MATERIALS
Digitization
Needs, challenges, storage or use, durability and availability
 Guidelines for digitization of cultural heritage in the Republic of Serbia (2017) and Rules on detailed conditions for
digitization of cultural heritage (2018): an important factor in the preventive protection of cultural heritage, which
ensures “greater visibility, better presentation and promotion of the state’s cultural heritage“
 Archival documents – a part of cultural heritage is also the subject of digitization by personal data, data of special
interest or those containing “sensitive” data
 Public access to data on digitized archival material as cultural heritage maintained in information systems by types of
cultural property is made possible through the Cultural Heritage Aggregator
 Access to a “digital object” – by downloading the metadata from Archive Information System regulated by the Archive
of Serbia, as well as from other portals, if approved by this type of institutions
 Guidelines represent the unification of this process in archives the Republic of Serbia
in our opinion, this is the right way

7. THE CASE IN SERBIA: PROTECTION OF
PERSONAL DATA
The Law on Personal Data Protection in Serbia (2018), which has been in force since 21 August 2019.
Important concepts personal or confidential data
 "Personality information“ – information concerning an individual whose identity is determined or identifiable, directly or
indirectly (name, ID number, location data, one or more features of his/her physical identity, physiological, genetic,
mental, economic, cultural and social identity)
 "Genetic data" – personal data relating to the inherited or acquired genetic characteristics of a person that provide
unique information about the physiology or health of that individual, and in particular those obtained by analysis from a
sample of biological origin
 “Health information" – information concerning the physical or mental health of an individual, including information about
the provision of health services, which disclose information about one’s medical condition (example of medical records -
patient medical history)
 "Breach of personal data" – leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or
access to one’s personal information that has been transferred, stored or otherwise processed.

8. THE CASE IN SERBIA: PROTECTION OF PERSONAL DATA
Restrictions concerning the handling and use of documentary material for business "operational"
purposes established by the law.
“Further data processing” for the purposes of:
 archiving in the public interest
 scientific or historical research
 statistical purposes
New General Data Protection Regulation (GDPR) and users in
EU -
more control over their private data
Тhe Law established appropriate measures for the protection of the rights and freedom of persons to
whom data in archival documents may relate to, such as implementation of technical, organizational and
professional measures, as well as respect for the principle of data minimization
The law also says: Processing that reveals racial or ethnic origin, political opinion, religious or
philosophical beliefs or union membership is prohibited, as well as the processing of genetic data,
biometric data for the purpose of uniquely identifying a person, health information or sex life or sexual
orientation of an individual.
Applicable or not to the availability of archival materials?

9. FOR EXAMPLE…
Archival materials containing personal data
Matriculas / Digitalized Collection of Church Registers in the Historical Archive of Pozarevac

10. FOR EXAMPLE...
Digital Archival material containing personal /private data
medical records - personal records of patients’ medical histories, patient protocols (IAP)

11. RELATIONSHIP:
ARCHIVAL DOCUMENTS DIGITALIZATION AVAILABILITY DATA
PRESERVATION
Can protection of personal data be a "limiting factor" for the availability of
archival materials?
Can and to what extent existing regulations be applied to preservation of
personal data in the archives authorized by archival law?
“open digital archive” / only in accordance with archival
regulations
A dilemma
“open digital archives” in accordance with archival regulations
and
with respect for protection of personal data
OPEN DISCUSSION……

12. RELATIONSHIP :
ARCHIVE BUILDING - DIGITALIZATION – AVAILABILITY - DATA PROTECTION
 Traditional archives closed in Serbia – a stereotype that does not correspond to reality
 Opening of archives through digitalization of archival material and creation of databases on information
resources on archival material in Serbia, availability of database on materials on web portals
But, one limiting factor: „watchfulness of archivists“ :
 cautious approach to this area
 the quality of negative historical experiences in this region
 possible and real misuse of digitized archives
 still incompletely regulated procedure with digitalized archival material
 insufficient participation of the archival profession
Folder with a list of documents /
preparation for the digitization of archives in the Military Archive of
Serbia

13. END – RECOMMENDATION
 Openness of public archives and ensuring the widest possible availability of archival material - in
accordance with the availability deadlines set by the Achievement standard – YES
 Harmonization with international standards in order to ensure equal position of researchers and users
at international level – YES
 Digitalization of archives for ease of access and use, in the interest of researchers, according to
prescribed standards and rules – YES
 Databases of archival holdings, inventories and other scientifically recoverable media available to
online cruisers – YES
 Unique position of the archival profession regarding the availability of archival material containing
personal data or other sensitive data arising from archival and special data protection regulations or
special regulations on the status of archival material of a special character (military provenance, acts of
the Ministry of the Interior, etc. ) – YES
 Uncontrolled and unrestricted availability of archives containing personal information - ATENTION

14. THANK YOU!
I can be contacted via:
e-mail: jasminazivkovic@yahoo.com
jasminazivkovic@arhivpozarevac.org.rs
phone number: +381652041999