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Archives Access Statement - Falkirk Community Trust

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Appendix 1: Procedures for access to records restricted under the Data<br />

Protection Act<br />

The Data Protection Act restricts access to records containing personal information of living<br />

identifiable individuals. As it is not always possible to verify if an individual is deceased,<br />

records of this type are normally closed for 75 years if the data refers to adults, or 100 years<br />

if the data refers to children.<br />

Individuals who need evidence that their name appears in a restricted archive are<br />

entitled to have an extract confirming that. They may see the relevant page or obtain<br />

a photocopy of it provided that the names and personal details of all other individuals<br />

on the page are covered up and the archives staff supervise the researcher closely<br />

while looking at the document. The individuals must provide evidence of their identity<br />

(preferably a photo-id such as a photo driving licence or a passport) and must sign<br />

the Data Protection access request form Section A.<br />

Individuals who want to study documents for historical or statistical purposes can see<br />

Data Protected documents provided they are able to sign Section B of the Data<br />

Protection access request form. Research for historical purposes means research<br />

where the names and identities of the individuals are irrelevant and where the<br />

researcher agrees not to reveal these names or other identifying information.<br />

Evidence of research purposes is required before access can be permitted (such as<br />

a letter from the research funding authority) along with evidence of the identity of the<br />

researcher.<br />

Police Officers or representatives of the Procurator Fiscal are entitled to see<br />

restricted archives provided they come in person to the <strong>Archives</strong> to see the<br />

document(s) and produce a Data Protection Exemption Form which is issued by<br />

the relevant police force.

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