1. Dr Graham Dominy National Archivist Department of Arts & Culture PRESENTATION TO AD HOC COMMITTEE ON PROTECTION OF INFORMATION BILL 22 JULY 2010 THE ROLE OF THE NATIONAL ARCHIVES IN THE MANAGEMENT OF ACCESS TO CLASSIFIED & DECLASSIFIED INFORMATION

2. INTRODUCTION The Bill makes many references to the National Archives and the proper management of public records and government information; Purpose of this presentation is to introduce the current work of the National Archives to the Honourable Committee and to explore the future role that the National Archives will play in managing the National Declassification Database in terms of the Bill.

3. DEFINITION OF ARCHIVES NB – similar terminology is used in the National Archives Act and in the Archives Profession to that used in this Bill; Archives are the records with enduring value generated or received by an office, organisation or department, during the course of its official activities (`governmental body’/`organ of state’); Archives used to be purely paper, but now include all media: digital; film; photographic; microfilm; maps; CDs; DVDs, etc.

4. HOW DO WE SERVE THE COMMUNITY? Archives, libraries and museums serve the people who need information and who have a Constitutional Right to information However, as a heritage institution we not only keep information about the past and the world around us in the present We have to preserve the past, collect the present and see that it will be available to future generations

5. THE NATIONAL ARCHIVES OUR NAME: The National Archives & Records Service of South Africa OUR MANDATE: Established by an Act of Parliament: The National Archives and Records Act (Act 43 of 1996 as amended) WHO ARE WE? Part of the Department of Arts and Culture

6. OBJECTS & FUNCTIONS OF NATIONAL ARCHIVES preserve public and non-public records with enduring value for use by the public and the State; make such records accessible and promote their use by the public; ensure the proper management and care of all public records; maintain a national automated archival information retrieval system; assist, support, set standards for and provide professional guidelines to provincial archives services; promote awareness of archives and records management; generally promote the preservation and use of a national archival heritage.

7. SENSITIVE RECORDS AT THE NATIONAL ARCHIVES Security Legislation files (DOJ); Security Police Files (SAPS); Political Prisoner Files (Correctional Services); Cabinet Records to 1994; State Security Council Files: 1979-89; TRC Archives (partly open); CODESA/MPF Records (mainly open).

8. National Archives Role (1) No public record may be destroyed or otherwise disposed of without the authority of the National Archivist; This is done by the issuing of disposal authorities; These must be based on the classification of records in an approved file plan; Records of enduring value to be transferred to the Archives after twenty years (referred to in the Bill)

9. National Archives Role (2) National Archivist shall – Determine records classification systems to be applied by govt bodies (depts) Determine conditions for microfilming or electronically reproducing records; Determine the conditions subject to which electronic records systems should be managed

10. STRUCTURE OF THE ARCHIVAL SECTOR IN SOUTH AFRICA National Archives - Pretoria Provincial Archives (biggest in FS; KZN & WC) Provinces have own legislation based on national act There are also records of national departments in provincial archives National Archives Advisory Council

11. PROBLEMS & CHANGES IN ARCHIVES ENVIRONMENT Schedule 5 of the Constitution poses enormous challenges and hampers efficient archives and records management Amendments to the National Archives Act also envisaged for 2011-12 (will align with other legislation

12. CONSTITUTIONAL FRAMEWORK: Accountability and rights Archives and libraries are public institutions and must follow the Constitution The Promotion of Information Act (PAIA) gives effect to the Constitution’s right of access to information held by the state and information held by other persons which an individual needs to protect his/her rights

13. Putting this into practice The National Archives Act (No 43 of 1996) charges the National Archives with ensuring the proper management of all public records; Implementing PAIA (and this Bill!) is much easier with effective records management systems, from paper file plans to electronic document management systems; Information and Privacy protection has not yet been properly enacted by Parliament and this Bill is much needed.

14. PAIA – ARCHIVES LINKS PAIA requires all public bodies to submit a manual to the HRC; The manual should describe all the records of the public body; Appending a file plan approved by the National Archives fulfils this obligation.

15. LINKS BETWEEN ARCHIVES & THIS BILL The Bill refers specifically to the National Archives in Chapters 8 & 9 –8: Transfer of records –9: Establishment of National Declassification Database Chap 1 – Objects – to harmonise with PAIA & Archives Act Also Chap 3(7)(5) – Bill may not be used to prevent the Archives from preserving & managing public records

16. NATIONAL DECLASSIFICATION DATABASE This is envisaged in Chapter 9 (Section 29); The Database is the responsibility of the National Archives – implies a funding responsibility; The Database will fulfill a vital purpose across Government in providing a register of declassified information and thus enable all depts to develop and apply consistent norms & standards.

17. PRECEDENTS IN THE USA The National Archives & Records Administration is responsible for the US National Declassification Center; NARA also supports the Information Security Oversight Office which implements the policies of the US National Security Council; President Obama issued an Executive Order on 29 December 2009 on “Classified National Security Information”.

18. PRELIMINARY IMPLEMENTATION PROPOSALS & ISSUES Urgent lifting of Moratorium on disposal of records of Security Cluster departments: –Defence –Correctional Services –State Security –Police Approach Cabinet once the Bill is passed

19. ADVANCE PREPARATION & TRAINING New Archives Infrastructure PPP proposal includes facilities for the National Declassification Database; Archives staff currently undertaking the IAPP Course offered on-line by the University of Alberta so we have the capacity to start running the Declassification Database.

20. Thank You