Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, what the Government's policy is on the grounds on which government files are allowed to be exempt from the 30 year rule.

The Public Records Act (1958) requires central government departments, and certain other public bodies, to identify records of historical value and transfer them for permanent preservation to The National Archives, or to another appointed place of deposit. In 2013 the government began its move towards releasing records when they are 20 years old, instead of 30. We are currently in the middle of the transition from 20 to 30 years, with 2 years’ worth of government records being transferred each year until 2022.

In accordance with Section 3(4) of The Public Records Act, departments may retain records if ‘they are required for administrative purposes or ought to be retained for any other special reason’. The Advisory Council on National Records and Archives is an independent body established by The Public Records Act that advises the Secretary of State for Digital, Culture, Media and Sport on issues related to transfer of public records that are over 20 years old. Departments apply to the Advisory Council giving their reasons to retain records using the commonly cited grounds for retention, set-out in guidance published by The National Archives (link below). The Advisory Council will then make a recommendation to the Secretary of State, who signals her approval by issuing a Retention Instrument which allows departments to legally retain their records for a specified period of time.

Records transferred to The National Archives will be open at transfer, unless exempt under Freedom of Information legislation. Access to closed records is considered under the provisions of the Freedom of Information Act, Environmental Information Regulations and the Data Protection Act.

Guidance: http://www.nationalarchives.gov.uk/documents/information-management/retention.pdf