United Kingdom legislation
The Public Records Act 1958 (6 & 7 Eliz. 2. c. 51) is an Act of the Parliament of the United Kingdom forming the main legislation governing public records in the United Kingdom.
It established a cohesive regulatory framework for public records at the Public Record Office and other places of deposit. It also transferred responsibility for public records from the Master of the Rolls to the Lord Chancellor. The Act stipulated that records would be transferred to the Public Record Office 30 years after creation and that most would be opened 50 years after creation. Subsection 3(4) of the Act allowed government departments to retain records that were either still in use 30 years after creation or were of special sensitivity, such as intelligence agency materials and weapons of mass destruction information. The time of opening was subsequently reduced to 30 years by the Public Records Act 1967 and then access was completely redefined as being on creation, unless subject to an exemption, by the Freedom of Information Act 2000.
The significance of the updated Public Records Act 1958
The Public Records Act 1958 represents a cornerstone in the UK's approach to record-keeping, transparency, and public access. Its significance is manifold, and here are the key reasons:[2]
Handling of public records
Before the 1958 Act, the whole business of dealing with public records was a bit messy with the population growth and the volume of public records since the 1838 Act. The rules became unorganized in different pieces of legislation, and it wasn’t always clear how to handle the multitude of public records. The 1958 Act tidied things up, essentially bringing all the rules together in one place and making them clearer and easier to resource.
Enacting personal privacy restrictions
The updated act made it so that some records are closed to the public for 30 years before they’re released. This 30-year rule was tweaked a bit in later years, with plans to reduce it to a 20-year rule. The idea behind this time restriction is that, while transparency is important, there are other things to consider, such as national security and personal privacy.
Merging public records and agencies
This updated act provided the foundation for the modern system of records management in the UK. It also led to the merging of the PRO with the Historical Manuscripts Commission to form the National Archives.
History
The concept of public records in the UK has a long history, but the legislative structure that governs it mainly stems from the Public Records Act. Here's a concise history:
1838: The birth of the idea
Before the Public Records Act, public records were scattered and poorly kept. The foundation for centralizing these records was laid down by the "Report of the Select Committee on Public Records" in 1838.[3]
1958: The Public Records Act
The Public Records Act 1958 was the foundational legislation in the UK that governed the preservation and access to public records. It was this act that established the principle of transferring records from public offices to The National Archives, and other places of deposit, after 30 years unless they were selected for earlier destruction.[4]
Public Records Act 1967
The Public Records Act 1967 amended the Public Records Act 1958 by reducing the period whereby public records (apart from those deemed "sensitive" by the Lord Chancellor) were closed to the public from fifty years to thirty years, the "thirty-year rule". It took effect on 1 January 1968.
2000: Freedom of Information Act (FOIA)
The Freedom of Information Act 2000 built upon the principles of the Public Records Act by giving the public a general right of access to information held by public authorities. While it's a separate piece of legislation, it works in tandem with the Public Records Act to ensure transparency and access to public records. This act reduced the time it took for most public records to become publicly available to just 20 years.[5]
CRAG Act 2010
The Constitutional Reform and Governance Act 2010, commonly known as the CRAG Act, was a significant step in a wider effort to update the UK's constitutional structure. This legislation played a pivotal role in refining the operations and transparency of the UK government. Given that the UK doesn't possess a formal written constitution and instead depends on historical customs, established protocols, and various statutes, the introduction of this act marked a notable moment.[6]
2013: The 20-year rule
An important amendment to the Public Records Act came into play, further reducing the time from 30 years to 20 years for transferring records to the public domain. This change was implemented over a 10-year transition period, thus speeding up the release of public records.[7]
Digital age and challenges
With the rise of digital technology, the nature of record-keeping has evolved, introducing new challenges and dynamics to the Public Records Act's remit. Efforts have been ongoing to ensure that digital records are preserved and made accessible in the same vein as physical ones.
Australian Constitution (Public Record Copy) Act 1990
The Australian Constitution (Public Record Copy) Act 1990 was passed in 1990 on the request of Australia to allow the original copy of the Commonwealth of Australia Constitution Act 1900 to be permanently removed from the Public Records Office and given to Australia. The UK government agreed as a gift to celebrate the bicentenary of British settlement in Australia.
