Privileged access to archives and the interest of research illustrated by the examples of German and French archival systems

Abstract

The study addresses the issue of the possibility of specific access to public archives, particularly for the purposes of research or other scholarly purposes, not exclusively of official nature. This specific phenomenon is sometimes referred to as “privileged access to archives”. However, such access to archives subject to different than general access rules is only justified if it serves as a specific tool for balancing, on the one hand, the right of free access to information and, on the other, the need to protect the personality rights and privacy of the persons in the records. National archival legislations deal with this matter in a variety of ways. Some countries open the door to privileged access to archives, especially for research purposes wider, others not so wide. Most often, however, they introduce certain, albeit usually very limited, possibilities for exclusive access to archival records. This article analyses models from the French and German archival systems and shows how such privileged access, especially for research purposes, is applied in local archival law and in the practice of some archives in these two countries. It discusses the pros and cons of each solution, their benefits and applicability as well as their risks. The study seeks answers to the question whether privileged access to archives constitutes a violation of fundamental democratic principles and equal access to citizens, or if, on the contrary, it is a necessary tool to guarantee balance between the protection of personality rights and privacy and the right of access to information, freedom of study and research.