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)

Article 17 of Regulation (EU) 2018/1725.

, where the request of the data subject does not allow for the identification of specific ECB archives documents without involving disproportionate administrative effort and, 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, volume and size of the ECB archives documents potentially concerned;

(b) the right to rectification

Article 18 of Regulation (EU) 2018/1725.

, where rectification renders it impossible to preserve the integrity and authenticity of ECB historical archives documents, without prejudice to the possibility of a supplementary statement or annotation to the document concerned, unless this proves impossible or involves disproportionate effort;

(c) the right to restriction of processing

Article 20 of Regulation (EU) 2018/1725.

, where processing is necessary to preserve the integrity and authenticity of ECB historical archives documents and/or is in the public interest;

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

Article 21 of Regulation (EU) 2018/1725.

, insofar as this proves impossible or involves disproportionate effort;

(e) the right to object to the processing

Article 23 of Regulation (EU) 2018/1725.

, where the personal data are contained in ECB historical archives documents as an integral and indispensable part of those documents.

1. The ECB 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) establishing procedures to protect personal data, such as systematically deleting and destroying files containing personal data in line with the ECB Filing and Retention Plan;

(b) establishing controlled procedures to enable access to documents where the existence of personal data cannot be ascertained;

(c) not releasing sensitive personal data; and

(d) pseudonymisation and anonymisation measures.

1. The controller is required to:

(a) inform data subjects about the fact that documents containing their personal data may be made available to the public as part of the ECB historical archives;

(b) consult the data protection officer prior to a decision to derogate from data subject rights in a particular case and document this consultation;

(c) record any derogations applied pursuant to paragraph 1 as well as the reasoning that justifies the derogation;

(d) make available any documents containing underlying factual and legal elements to the European Data Protection Supervisor upon request.

Article 9

Protection of sensitive personal data

The ECB shall not make available to the public ECB historical archives documents held by it containing sensitive personal data or data relating to the privacy and the integrity of the individual under Article 4 of Decision ECB/2004/3, including archival descriptions or authority records, before the expiry of a period of one hundred years starting from the date of creation of those documents.

Article 10

Reproduction of ECB historical archives

1. ECB historical archives, or any descriptive information concerning such archives, released via the ECB’s online communications platforms and in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the ECB’s prior specific authorisation. The ECB may withhold such authorisation without stating its reasons for doing so.

1. This Decision shall be without prejudice to any rules on copyright which may limit a third party’s right to reproduce or exploit any released documents.

Article 11

Annual publication of information on activities

The ECB shall annually publish information on its historical archiving activities via the ECB’s online communications platforms.

Article 12

Coordination

The ECB shall establish an ECB historical archives coordination group with representatives from the ECB and the NCBs chaired by the ECB’s Information Governance Division. It shall discuss the application of this Decision with the aim of ensuring that the ECB historical archives are processed consistently and with the appropriate care throughout the ESCB and the Eurosystem. For this purpose, it shall also assist the ECB’s Information Governance Division in establishing a set of operational measures and procedures to be applied.