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Data protection guidance for readers
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relates to information which the National Archives of Scotland
(NAS) holds on deposit or loan for the purpose of historical
research, it does not apply to the personal data generated
or collected by the National Archives of Scotland during the
course of our business transactions.
The NAS is responsible for the selection, preservation and
provision of access to the public, legal and private record
collections which constitute Scotland’s national archives.
It also has a responsibility to ensure that the personal data
contained within these historical records are fairly and lawfully
used as specified by the Data Protection Act 1998 (the Act).
This sets out the responsibilities of those using such data
in the course of their historical research at the NAS.
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Your responsibilities as a researcher
Access to personal data
The Act allows for some records, which contain the personal data of
identifiable living individuals, to be made available for research
and statistical purposes, providing the following conditions of use
are met, namely:-
that the data are not used to take decisions, or make judgements,
about any person, and
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that the data are not used in such a way that substantial
damage or substantial distress is, or is likely to be, caused to any
living individual identified in the data.
When you obtain access to a living individual’s personal data
in any of our record collections you must comply with the conditions
outlined above and the Data Protection Principles 1,3,4,6,7 and 8
(outlined below). Failure to do so will lead to the withdrawal of
your reader’s ticket and could even lead to civil prosecution.
Use of personal data
It is your responsibility, under the Act, to ensure that the personal
data which you have gained access to is used only for historical research*
and not for any purpose which could cause substantial damage or distress
to the subject of the data. Additionally, the Act requires that the
results of your research, or any resulting statistics, you publish
or use are not made available in a form that identifies any living
individual featured in our data without either the explicit prior
consent, in writing, of the subject or the data controller**. The
personal data which you gain access to during your research at NAS
should not be disclosed to any other individual without the prior
consent of the data subject. You should also take steps to ensure
that any copies of material, or any notes taken during your time at
the NAS, which contain personal data are protected from unauthorised
disclosure to any third party.
Your compliance
These are your obligations under the Data Protection Act 1998 and
in signing the declaration at the bottom of the NAS reader’s
ticket form you are undertaking to abide by the conditions of
access and use as outlined here. You are therefore taking on responsibility
for your own compliance with the Act in relation to any use by you
of the personal data obtained from the archival materials made available
by the NAS.
Access to sensitive personal data
The Act specifies types of personal data which it categorises as sensitive.
As a general rule, in order to protect the privacy of the individuals
concerned, archival material of this nature is closed to public access
for the lifetime of the individual. In some circumstances however
the NAS will provide access to sensitive personal data in its collections
for historical research only. If you wish to consult closed archival
collections which contain sensitive personal data you should ask the
search room supervisor for an “Application to Consult Sensitive
Personal Data” form. On receipt of the application, a judgement
on access will be reached based on the sensitivity and nature of the
personal data involved. The access assessment will be made by the
NAS and if possible the record creator. If an application is rejected,
a full summary of the decision will be sent to the applicant, and
the assessment criteria for all assessments are available on the NAS
website.
Unlawful use of personal data
The NAS provides access to the personal data in its collections for
research purposes and statutory obligations only. By signing the reader’s
ticket declaration you are agreeing to use the data you acquire in
the NAS in accordance with the conditions of access outlined here.
If you use the personal data which you have accessed at the NAS for
any purpose other than research, or to support measures or decisions
about the subject of the data without their consent, you will be guilty
of an offence under section 55(1) of the Act, and can be prosecuted.
The data protection principles
1. Personal data shall be processed fairly and lawfully
2. Personal data shall be obtained only for one or more specified
and lawful purposes, and shall not be further processed in any manner
incompatible with that purpose or those purposes.
3. Personal data shall be adequate, relevant and not excessive in
relation to the purpose or purposes for which they are processed.
4. Personal data shall be accurate and, where necessary, kept up to
date.
5. Personal data processed for any purpose or purposes shall not be
kept for longer than is necessary for that purpose or purposes.
6. Personal data shall be processed in accordance with the rights
of data subjects under the Act.
7. Appropriate technical and organisational measures shall be taken
against unauthorised or unlawful processing of personal data and against
accidental loss or destruction of, or damage to personal data.
8. Personal data shall not be transferred to a country or territory
outside the European Economic Area unless that country or territory
ensures an adequate level of protection for the rights and freedoms
of data subjects in relation to the processing of personal data.
Further information
A copy of the
NAS Data Protection Policy is available in the record keeping
section of this website. A copy of the act can be found on the website
of the Office of Public Sector Information. If you require any further
advice, contact our Data Protection Officer directly:
| Address |
National Archives of Scotland |
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HM General Register House, |
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Edinburgh, EH1 3YY |
| Telephone |
0131 535 1314 |
| E-mail |
dataprotection@nas.gov.uk |
*Data Protection Act 1998, Part IV s33 (1)
**Data Protection Act 1998, Part I s1(1)
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