On November 17, 2025, the Raad van State issued a positive opinion on the proposal to amend the 1995 Archives Act. The reason for the proposal is the desire of the Minister of Education, Culture and Science (OCW) to make the digitized Central Archive of Special Jurisdiction (CABR) more widely accessible online. Earlier there were concerns from the Autoriteit Persoonsgegevens AP) about the online publication of this sensitive war archive, which led to a postponement of its opening by Jan. 2, 2025.
In its opinion, the Raad van State praises the careful consideration of fundamental rights, values and various interests in the bill. According to the Council, the government motivates convincingly why restriction of privacy rights is proportional here and how the proposal is designed to achieve this. According to the Council, this creates a "good basis" for opening up sensitive archives, and in particular for research by relatives of war victims.
The proposed legislative amendment establishes a legal basis for the processing of special and criminal personal data during research in restricted public archives. By doing so, the government aims to make it legally possible for researchers, and particularly concerned citizens, to access relevant information without losing sight of personal data protection.
The Minister of OCW will study the advice of the Raad van State . The amended bill will then be submitted to the House of Representatives for consideration.
This article is based on official reporting from the Raad van State and the National Archives.
