Archiving in the Public Interest: New proposals in the new UK Data Use and Access Bill
Reading Time: 5 minutes
Authors:
Trilateral Research |
Date: 24 April 2025
There are times where records and the information contained within them hold a broader value beyond their initial purpose. Sometimes this value is recognised from the outset, and other times, this value is recognised much later. In the UK, the question asked is how to preserve this information and comply with relevant data protection laws, whilst ensuring our recorded memories are preserved for the future.
The introduction of the Data (Use and Access) Bill (“DUA Bill”) into Parliament has led to significant debate relating to the Research, Archiving, and Statistics Purposes (“RAS Purposes”). Although conversations in the House of Lords focused on the definition and meaning of “scientific research” (particularly in relation to AI), the proposed amendments aim to bring clarity to current legislation. In this article, we look at how UK data protection legislation currently stands for the RAS Purposes and examine the key proposals of the new DUA Bill in relation to archiving in the public interest.
What is archiving in the public interest?
We start by looking into what archiving in the public interest is and its overall aim.
The National Archives explains that archiving in the public interest ensures the permanent availability and preservation of recorded memory, which usually relates to recorded evidence and information that has any enduring value for the general public interest. This can range from records (both in hard-copy and digital format) that give us an insight into how we used to live, to modern government papers and key historical texts or literary works.
An important aim of archiving is to maintain information and provide long-term access to this information for public use. However, many archives (if not all) also contain the personal data of living, identifiable individuals. Current UK data protection laws (i.e., the UK General Data Protection Regulations and the Data Protection Act 2018) recognise there is a public interest in preserving some records containing personal data permanently, as the UK Government has recognised there is a long-term benefit in doing so. However, the Information Commissioner’s Office (ICO) has warned that organisations cannot use the archiving provisions to justify the retention of records (and personal data) indefinitely where they have no potential value or public interest. Any records held for archiving purposes should also have active and ongoing management, either from a dedicated team in-house, or by utilising a local archive.
Does your organisation archive records (containing personal data) in the public interest?
Some organisations, like local or national archives, have specific legal obligations to carry out archiving in the public interest. These include public bodies, such as Local Authorities, whereby they are required by law to keep certain records and have a public task to maintain a records archive. Yet, many organisations that carry out archiving functions in the public interest are unable to rely on these provisions, particularly in the private or third-party sector. They are tasked with identifying records that hold either potential or confirmed public value and considering when they are archiving in the public interest.
The following table sets out examples of the wide range of purposes related to archiving in the public interest, and is based on guidance from the ICO and The National Archives:
| Archiving in the Public Interest | Outside the scope of Archiving in the Public Interest |
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The ICO delve deeper into this and provide suggested criteria for archiving in the public interest that includes a list of activities, standards, and access to support the decision-making process. They have also developed broader guidance on the research provisions as a whole.
What do current UK data protection laws say?
he UK General Data Protection Regulations (UK GDPR) sets out provisions for archiving in the public interest within the Data Protection Principles (Article 5) and the conditions for processing special category data (Article 9). Meanwhile, the Data Protection Act 2018 (“DPA2018”) provides an exemption to the UK GDPR provisions (specifically data subject rights) where the listed UK GDPR provisions do not apply to the processing of personal data for archiving purposes if the “application of those provisions would prevent of seriously impair the achievement of those purposes”. As with the UK GDPR provisions in Articles 5 and 9, the exemption under the DPA18 is subject to appropriate safeguards outlined in Article 89 of the UK GDPR.
What changes does the Data (Use and Access) Bill propose?
The DUA Bill contains several proposals in relation to the RAS Purposes and we’ve outlined these below as they are currently presented following the committee stage that took place in the House of Commons throughout March 2025:
| Section | DUA Bill Proposals |
| Clause 67: Definition of research | Adds new definitions to Article 4 of the UK GDPR to clarify when processing of personal data is for research and statistical purposes. The DUA bill proposes a separate definition for “historical research purposes” and includes “processing for the purposes of genealogical research”. |
| Clause 68: Consent for research | The DUA Bill seeks to clarify how data controllers who are processing data for scientific purposes could obtain consent and broadens consent for scientific research purposes. The proposal should give organisations far more flexibility and may change as research develops. However, this currently does not seem to extend to historical research purposes, unless the research “can reasonably be described as scientific”. |
| Clause 71: Purpose limitation and further processing | Adds Article 8A to the UK GDPR to support organisations in deciding whether any additional processing of personal data is compatible with the original purpose. This sets out factors such as links between the original purpose and new purpose; the context and the relationship between the data subject/s and the Data Controller; the nature of the processing; and the possible consequences of the new purpose on individuals. |
| Clause 85: appropriate safeguards
| Appropriate safeguards proposed by the DUA Bill are similar to those set out in existing UK data protection laws and includes scenarios where these are not satisfied. However, the current proposals simplify the additional requirements that organisations must fulfil when relying on the condition for processing special category personal data. Clause 85 makes it clear that personal data can only be processed for the RAS Purposes when the process involves collecting personal data and then anonymising the data, or if the RAS Purposes cannot be fulfilled without the processing taking place.
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In general, the DUA Bill proposals build on current provisions and are an important step towards more clarity for organisations so they can use personal data responsibly, especially for the archive sector where academic, historical, or genealogical research is carried out. The Information Commissioner (John Edwards) has also welcomed the proposed changes to the RAS provisions. Whether the proposals answer the question of how to juggle the preservation of information that is considered to have general public value and comply with relevant data protection laws remains to be seen.
Trilateral Research provides UK/EU organisations with comprehensive DPO and DPO Assist, as well as advisory services, and we are continuously monitoring the progress of the Data (Use and Access) Bill. Please contact our advisors for support or any questions you may have regarding overall data governance, data protection and information security.
