Calry Local History Society is affiliated with the Irish Federation of Local History Societies (hereafter, FLHS) and is thereby guided by the data protection policy, procedures and guidelines of the FLHS, which are available here: http://www.localhistory.ie/privacy-statement/
Calry Local History Society’s interpretation of the Data Protection Regulations (including GDPR) is as follows.
The Data Protection Commission states that the provisions of the Data Protection Acts 1988 & 2003 and the General Data Protection Regulation 2018 only apply to the personal information of living individuals.
This means that records of deceased persons are exempt from Data Protection as they are designated as historical and archival items under the Data Protection (Archives and Historical Research) Regulations, 2008.
The regulations specify that it is important to ensure that the data is no longer personal data – due to the subject of the data being deceased. To help determine this, it puts forward the following:
- It can be assumed that an individual is no longer alive where the most recent record created in respect of her or him is more than 100 years old and they have no other evidence suggesting that the individual is alive;
- It can be assumed that an individual is no longer alive, where there is reliable evidence that the individual, if alive, would be more than 100 years old, and they have no other evidence suggesting that the individual is alive.
- The regulations also specify that one can assume that an individual is no longer alive where it has reliable evidence of such – for example a burial register entry or memorial inscription.
Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available.