The International Holocaust Remembrance Alliance and the World Jewish Restitution Organization have both issued statements hailing a decision by the EU to exempt Holocaust materials from a draft regulation on data protection called the General Data Protection Regulation.
IHRA reports that although the law won’t be considered until next year, “after two years of research and analysis, IHRA had determined definitively that researchers and research organizations were already being denied access to Holocaust-related materials on the premise that the GDPR would not permit the use of these materials.”
Under the new draft language Holocaust records are singled out as significantly within the public interest:
“Where personal data are processed for archiving purposes, this Regulation should also apply to that processing, bearing in mind that this Regulation should not apply to deceased persons. Public authorities or public or private bodies that hold records of public interest should be services which, pursuant to Union or Member State law, have a legal obligation to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access to records of enduring value for general public interest. Member States should also be authorised to provide that personal data may be further processed for archiving purposes, for example with a view to providing specific information related to the political behaviour under former totalitarian state regimes, genocide, crimes against humanity, in particular the Holocaust, or war crimes.”
According to the IHRA press release, Dr. Robert Williams of the United States Holocaust Memorial Museum, chair of IHRA’s Committee on Archival Access, noted: “The specific reference to the Holocaust is an important step forward in securing the permanence of Holocaust research and memory and prevents the GDPR becoming an excuse to restrict access to the crucial record of the Holocaust. It is vital that the thousands of researchers and organizations that require such access can continue to engage in the research and educational efforts necessary to keep alive interest and knowledge of this subject. We look forward to continuing our work with EU and IHRA member state governments to build the structures and regulations necessary to live up to the tenets of the Stockholm Declaration and to ensure the permanence of open access to Holocaust sources.”
The WJRO said as a result of the new language, Holocaust research would not be blocked by
the data protection regulation because related archives would be open and accessible to researchers. They also noted that it is anticipated that the EU will formally adopt the amended language as part of comprehensive data-protection legislation in 2016.
“As we move from living memory to documented history, the role of educational organizations and academic institutions in perpetuating the legacy of the victims of Nazi oppression becomes increasingly important,” Gideon Taylor, WJRO’s chair of operations, said. “This provision ensures that the experiences of the survivors and refugees can be made available for future generations to research and study.”
More here.