On Nov. 26, the Personal Data Authority (AP) issued a formal warning to the Minister of Education, Culture and Science (OCW) about the proposed online publication of the Central Archive on Special Jurisdiction (CABR). This archive, which contains sensitive information on individuals suspected of collaboration during World War II, will be made digitally available from January 2025.
According to the AP, this method of disclosure does not comply with the General Data Protection Regulation (AVG). It involves making online and full-text searchable files containing ordinary, special and criminal personal data of persons who may still be alive. The AP emphasizes that this publication constitutes a serious invasion of privacy, with possible stigmatization and other harmful consequences.
The CABR contains highly sensitive data, such as ethnicity, religious beliefs, and political affiliations. Although the disclosure restrictions expire as of 2025, the AP says alternative, less intrusive ways are available to provide access. The regulator notes the lack of a statutory exception justifying the intended processing. In addition, the AP emphasizes that even a prior risk test does not provide sufficient protection.
The National Archives defends the publication because of its great historical and social importance, but states that only files of deceased individuals will be made available. However, the AP remains critical and points to the presence of third-party data in these files.
The AP urges reconsideration of the plans and warns of potential enforcement and liability for privacy violations.
