New challenges for archives in Iceland Eiríkur G. Guðmundsson National Archivist of Iceland 19.6.2018

The Information Act – Innovations i Objective Guarantee transparency in government administration and the handling of public interests Strengthen: the right to information and the freedom of expression The possibilities for the public to participate in a democratic society the restraints exercised by the media and the public on government authorities possibilities for the media to communicate information on public affairs public confidence in government administration 19.6.2018

The Information Act – Innovations ii Scope Applies to all government activities Applies to all operations of legal entities which are 51% or more in public ownership If the operations of a legal entity occur almost entirely in market competition, the minister may, decide that this entity shall not fall under the scope of this Act, and may also withdraw such a decision Applies to private sector entities which have been assigned to supply public services law applicable only to information related to said public services, and not to other aspects of their operation 19.6.2018

The Information Act – Innovations iii More open access Government authorities shall at their own initiative provide the public with information on their activities electronic reports, program summaries etc. Government authorities shall act systematically towards making their informtaion / data electronically accessible The minister shall submit regular reports to the Althing on the implementation of this Act, The minister shall initiate a formation policy In consultation with the public, the Union of Icelandic Journalists, the Association of Local Authorities, the public archives, the universities and the scientific community. 19.6.2018

The Information Act – Innovations iv Re-use The purpose is to increase the re-use of public sector information, for the benefit of the society as a whole. The re-use should follow harmonised criteria according to European rules, i.e.; Decision No. 105/2005 of the EEA Joint Committee the Directive 2003/98/EC of the European Parliament and of the Council 19.6.2018

The Information Act – Innovations v Easier to request Changes to the way access to material is requested Before; the exact documents, and all the particular material requested, needed to be specified Today; enough to identify the subject of the matter of interest A government authority can deny a request if: its handling time is assumed to take too long strong indications that a request involves intentions of misuse A government authority has the permission to give increased access each authority is obligated to evaluate and assess whether to use that permission, or not 19.6.2018

The Information Act – Innovations vi Conditional access Access to material exempted from the rights to information is now possible for research purposes, though with certain limitations and conditions. In that way, permission can be granted to, for example scientists and researchers, to access information which otherwise would be closed. 19.6.2018

The Information Act – Innovations vii More demands on registration Now, stricter demands for official agencies on the registering of information In that respect, the National Archives has the new role of setting the rules on registering cases and case files That is now written in the Archives Act, not the Information Act 19.6.2018

The new Archives Act The Archives Act is about: Role and function of the official archives (the National Archives and the regional municipal archives) Role and function of the National Archives making regluations for records management in agencies set the standards for transfer of data Access Also identifies institutions obligated to transfer their documents and other data to the official archives 19.6.2018

The new Archives Act Very detailed, divided into 12 chapters, and has in all 50 paragraphs twice as many as in the old law from 1985 The minister is allowed, or must to issue regulations on certain aspects of the law. Starts a new era in the field of archiving in Iceland, with many innovations. Strengthens the role and position of the archives. Interim provision: Municipalities have three years to make their regional archives capable of managing preservation of documents and other data in accordance with the new law.

The new Archives Act – Changes i Access The rights of access to official archives much clearer Greater than before; now it applies to all archival material, both paper and database information. Regulations regarding time limits clearer obligation to grant access to archives over 30 years old, if no other time limits apply Other time limits for access: 50 years, church records and census material 80 years, sensitive personal information, 100 years, patient journals

The new Archives Act – Changes ii Access, cont. Conditioned access to sensitive data usually only given to researchers the main conditions are no exposure of the information to a third party, no contact with the subjects, no copies can be made, permission may be needed from Data Protection 19.6.2018

The new Archives Act – Changes iii The obligation of transfer Clearer who is obligated to transfer records to official archives all state and municipal agencies and institutions, administrative committees, private sector bodies which have been assigned public service roles, corporations which are 51% or more in public ownership All agencies and institutions of the state and municipalities which do not have an regional archive, deliver to the National Archives Among those is the Office of the President of Iceland, The Supreme Court. The Althing is no longer required to transfer data 19.6.2018

The new Archives Act – Changes iv Fee collection/billing Municipalities who transfer data to the National Archives have to pay for the services The archives can collect fees for storage of documents which are younger than 30 years old, until they turn 30. Records keeping and registration Paragraphs on records management and record keeping are more detailed and precise 19.6.2018

The new Archives Act – Changes v Punishment and fines Failing to fulfill archival responsibilities is now punishable. For example, a person can be fined or imprisoned for up to 3 years if he/she: disregards obligation of transfer does not organise case files according to the rules does not take action against illegal access or changes of a document destruction of a document without permission violates codes of secrecy violates terms of research access 19.6.2018

The new Archives Act – Changes vi Private archives Accessioning private archives An official archive is authorised to accept private documents for keeping, if they are considered to be of importance The national archivist to initiate the forming of a national policy on collecting private archives, in cooperation with others Right of appeal A person who is refused access to material in the official archives, can appeal to an Information Committee 19.6.2018