European Central Bank – Preservation and opening to the public of historical archives

SUMMARY OF:

Decision (EU) 2023/1610 establishing the historical archives of the European Central Bank and amending Decision ECB/2004/2 (ECB/2023/17)

WHAT IS THE AIM OF THE DECISION?

The decision lays down the internal rules on the preservation* and opening to the public of the European Central Bank’s (ECB) historical archives*.

KEY POINTS

Regulation (EEC, Euratom) No 354/83 lays down the obligation for each European Union (EU) institution to establish its historical archives and open them to the public after a period of 30 years from the creation of a document.

The decision establishes the internal rules for the ECB on identifying which documents in the ECB archives* will be preserved in its historical archives and made available to the public. It also contains rules on respecting the rights of individuals when processing personal data.

Identification of documents in the ECB archives

The ECB will:

identify the documents in its archives that will be preserved and those that need to be discarded because they have no administrative or historical value;
preserve documents that:
- provide evidence of the source of authority, foundation, organisation, functioning and activities of the ECB and its predecessors*, the European System of Central Banks (ESCB), the Eurosystem and any relevant committees, Working Groups and Task Forces;
- substantially contribute to the knowledge and understanding of:
  - the euro area countries and/or their institutions and citizens;
  - the impact of the activities of the ECB and its predecessors and/or the ESCB and the Eurosystem on the external environment;
  - the interaction of people and organisations with the EU and its bodies;
  - aspects of the corporate culture of the ECB and its predecessors;
decide whether to declassify classified documents* within 25 years from their creation. If the ECB decides to declassify the documents, they are given the status ECB-PUBLIC. If the ECB decides not to declassify such documents, it must re-examine them at least every 5 years;
inform natural or legal persons before declassifying a document that could undermine their commercial interests, giving them at least 8 weeks to respond;
make available to the public, where possible online:
- declassified documents inherited from its predecessors;
- the declassified documents after 30 years from their creation on ECB’s online communication platforms, subject to certain conditions.

If it is not possible to make declassified documents available online, the ECB will make them available in the ECB’s buildings or by releasing a digital copy at the request of the applicant.

Documents are made available in the latest version in the format and in the language in which they were created.

National central banks (NCBs) which hold archived documents from the ECB archives will:

identify which of the documents of the ECB archives that they hold should be preserved or discarded, following the same criteria as the ECB;
decide whether or not to declassify documents at the latest within 25 years from their creation;
in cases where the NCB and the ECB hold the same documents of the ECB archives, ensure that all of their declassification decisions, and those taken by any other institution with which they have shared ECB documents, are in line with decisions taken by the ECB;
not make declassified documents available until 30 years from their creation.

The same conditions apply if a NCB has shared documents of the ECB archives with a third party.

Personal data processing

The ECB:

must comply with Regulation (EU) 2018/1725 on EU institutions’ processing of personal data (see summary);
may override individuals’ rights, such as the right of access, the right to rectification, the right to restriction of processing, the obligation to notify the rectification or erasure of personal data and the right to object to processing when this is in the public interest and necessary to preserve the integrity of the ECB historical archives;
must comply with organisational and technical safeguards when it overrides the rights of individuals, meaning that the ECB:
- puts in place procedures to protect personal data (for example, systematically deleting and destroying files with personal data);
- enables controlled access to documents where personal data cannot be identified;
- does not release sensitive personal data;
- takes measures to pseudonymise and anonymise personal data.
will not make publicly available archived documents containing:
- sensitive data or data undermining the privacy and the integrity of the individual;
- personal data related to criminal convictions; or
- personal data for a child below 13 years until 100 years from their creation.

The ECB, in its capacity as data controller, must:

inform natural or legal persons that documents containing their personal data may be made publicly available as part of the ECB historical archives;
consult the data protection officer before overriding a person’s rights;
record any exemptions, and the reasoning, to the data protection rules;
provide any documents with relevant factual and legal documents to the European Data Protection Supervisor upon request.

General rules

The ECB:

has to give its prior specific authorisation to any reproduction or commercial use of the ECB historical archives or descriptions of these archives, which is released on its online communications platforms;
publishes information on its historical archives activities annually on its online communication platforms;
sets up an ECB historical archives coordination group with ECB and NCB representatives to discuss the application of the rules of the decision.

The decision amends the Rules of Procedure of the ECB laid down in Decision ECB/2004/2 (see summary) to clarify that documents belonging to the ECB historical archives are only accessible after 30 years, unless the decision-making bodies decide otherwise.

FROM WHEN DOES THE DECISION APPLY?

The decision has applied since 28 August 2023.

BACKGROUND

For further information, see:

Archives (European Central Bank).

KEY TERMS

Preservation. All the activities necessary to ensure continued access to the ECB historical archives and that minimise the loss of information.

ECB historical archives. All documents of historical or administrative value that are part of the ECB archives and have been selected for permanent preservation.

ECB archives. All documents, of whatever type or in whatever medium, originating in or received by the ECB, its predecessors or national central banks (NCBs).

ECB’s predecessors. The Committee for the Study of Economic and Monetary Union, the Committee of Governors of the Central Banks of the Member States of the European Economic Community, the European Monetary Cooperation Fund and the European Monetary Institute.

Classified documents. There are four categories of non-public documents: ECB-SECRET, ECB-CONFIDENTIAL, ECB-RESTRICTED, and ECB-UNRESTRICTED.

MAIN DOCUMENTS

Decision (EU) 2023/1610 of the European Central Bank of 28 July 2023 establishing the historical archives of the European Central Bank and amending Decision ECB/2004/2 (ECB/2023/17) (OJ L 198, 8.8.2023, pp. 30–38).

Decision 2004/257/EC of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) (OJ L 80, 18.3.2004, pp. 33–41).

Successive amendments to Decision ECB/2004/2 have been incorporated into the original text. This consolidated version is of documentary value only.