Recital 158 – Processing for Archiving Purposes*

1Where 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. 2Public 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. 3Member States should also be authorised to provide for the further processing of personal data 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.

* This title is an unofficial description.


Why Recital 158 Matters for GDPR Compliance?

Recital 158 focuses on the processing of personal data for archiving purposes in the public interest, particularly by public authorities and institutions responsible for maintaining records of historical, cultural, or societal importance. These organizations often have legal obligations to collect, preserve, organize, and provide access to records that hold long-term value for the public. The recital clarifies that GDPR applies to such processing activities, ensuring that personal data is handled responsibly and securely. At the same time, it recognizes that the regulation does not apply to deceased persons. Additionally, it allows Member States to establish rules for further processing of personal data in specific contexts, such as documenting historical events, political regimes, or crimes against humanity, ensuring that such information can be preserved and studied while still maintaining appropriate data protection safeguards.

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