Information legislation
Those of principal significance are:
- Freedom of Information Act 2000(FOIA)
- Data Protection Act 2018 and the General Data Protection Regulation (GDPR)
- Environmental Information Regulations (2004)
Under FOIA, individuals may personally be criminally prosecuted for concealing information, mishandling, and failing to release information. In the first instance, authorities should take note of the section 46 Code of Practice (PDF, 360KB) issued under the Freedom of Information Act 2000.
Under the Data Protection Act, the Information Commissioner can fine organisations up to €20 million (or sterling equivalent) or 4% of total annual worldwide turnover for non-compliance. Powers exist for criminal prosecution in some circumstances.
For further information, see the pages on The National Archives’ website ‘Archives and data protection law in the UK’. See also the Information Commissioner’s Office website for the full Guide to the General Data Protection Regulation (GDPR).
An efficiently run archive service will support an authority’s compliance by ensuring appropriate access to records. Without such a service, each request for information (including family and local history enquiries) would have to be serviced separately by the council, at greater cost.
Public sector legislation
Public Records Act, 1958
An authority may have made a commitment to undertake the role of a Place of Deposit and acquire, preserve and make available Public Records for which the service is appointed. Public Records (for example records of courts, coroners, hospitals and prisons) are held on behalf of central government.
A Place of Deposit should provide suitable facilities for safe keeping, preservation and access. If the standard of care and access fall below a level considered acceptable by The National Archives, approval to hold public records may be removed if remedial action cannot be taken and alternative arrangements made for the records.
Significance of the Local Government Acts
Collectively, this legislation gives local authorities the responsibility to maintain their records and make them publicly accessible as well as the right to acquire others’ records and archives. This legislation also relates to local studies libraries when they contain original and archive materials.
Local Government Act, 1962
This governs records for which the council has chosen to take responsibility – including those acquired by purchase, gift or on loan.
Local Government Act, 1972
This governs the council’s own records, generated in the course of its business, and those it has acquired by gift, donation or purchase.
The Local Government (Access to Information) Act, 1985
This governs the requirement that minutes, agendas, reports and background papers of meetings of principal councils that are open to the public be available for public inspection.
Local Government (Wales) Act 1994, s.60
This requires councils in Wales to have a scheme setting out arrangements for the proper care of its records, which is submitted to Welsh Ministers. Further advice on s.60 schemes is available from the Welsh Government: Libraries and Archives Service .