Commission Decision (EU) 2021/2121 of 6 July 2020 on records management and archives

Article 17 of Regulation (EU) 2018/1725.

, in so far as the request of the data subject does not allow for the identification of specific records without involving disproportionate administrative effort. In assessing the action to be taken on the request of the data subject and the administrative effort required, particular account shall be taken of the information provided by the data subject and the nature, scope and size of the records potentially concerned;

(b) the right to rectification

Article 18 of Regulation (EU) 2018/1725.

, in so far as rectification renders it impossible to preserve the integrity and authenticity of records selected for permanent preservation in the Commission’s historical archives, without prejudice to the possibility of a supplementary statement or annotation to the record concerned, unless this proves impossible or involves disproportionate effort;

(c) the obligation to notify the rectification or erasure of personal data

Article 21 of Regulation (EU) 2018/1725.

in so far as this proves impossible or involves disproportionate effort;

(d) the right to object to the processing

Article 23 of Regulation (EU) 2018/1725.

, in so far as the personal data are contained in records selected for permanent preservation in the Commission’s historical archives as an integral and indispensable part of these records.

1. The Commission shall implement appropriate safeguards to ensure compliance with Article 13 of Regulation (EU) 2018/1725. Such safeguards shall include technical and organisational measures, in particular, in order to ensure respect for the principle of data minimisation. The safeguards shall include:

(a) the files to be transferred to the Commission’s historical archives shall be selected following a case-by-case assessment according to the Commission’s retention lists. All the other files, including structured personal data files, such as personal and medical files, shall be eliminated at the end of the administrative retention period;

(b) the retention lists shall provide for the administrative elimination of certain types of records before the end of the administrative retention period. Consequently, these types of records shall not be processed for archiving purposes in the public interest;

(c) prior to processing for archiving purposes in the public interest, the directorate-general or equivalent department shall report the potential presence of records covered by Article 2(1) of Regulation (EEC, Euratom) No 354/83 in the files to be transferred to the Commission’s historical archives;

(d) before any Commission file is opened to the public, the Commission’s Historical Archives Service shall review it to verify the possible presence of records covered by the exceptions indicated in Article 2(1) of Regulation (EEC, Euratom) No 354/83, including on the basis of the signposting referred to in point (c) with the aim of protecting personal data.

1. The Commission shall record the reasons for derogations applied pursuant to this Decision. The record and, where applicable, the documents concerning the factual or legal context shall be registered. They shall be made available to the European Data Protection Supervisor on request.

1. The Data Protection Officer of the Commission shall be informed, as soon as possible of the application of derogations from data subject rights in accordance with this Decision. Upon request, the Data Protection Officer shall be provided with access to the associated records and any documents setting out the factual or legal context.

Article 18

Deposit of the Commission’s historical archives at the EUI

1. The Commission’s Historical Archives Service shall provide the EUI, where possible, with access to digitised copies of records held in an analogue medium.

1. The EUI shall be the main access point to the Commission’s historical archives that are open to the public.

1. The Commission’s Historical Archives Service shall send the EUI descriptions of the archives deposited. In accordance with international standards and to facilitate the exchange of metadata, the Commission will promote interoperability between its archives systems and those of the EUI.