HSN Privacy regulations
Reglement ter regeling van de bescherming van gegevens in eigendom van de Stichting Historische Steekproef Nederlandse Bevolking, zoals vastgesteld op haar bestuursvergadering van 25 september 2002 en gewijzigd op 29 augustus 2008.
The regulations are deposited with the Dutch Data Protection Authority [College Bescherming Persoonsgegevens] and registered with no. M1117501.
The Historical Sample of the Netherlands foundation [Stichting Historische Steekproef Nederlandse Bevolking, hereinafter called HSN] has its registered office in Utrecht (Register of Foundations Chamber of Commerce [Stichtingenregister Kamer van Koophandel], file no. S 183871).
These regulations are obligatory under article 5 of HSN's Articles and the Personal Data Protection Act [Wet Bescherming Persoonsgegevens] (Act of July 3, 2000, Book of Statutes [Staatsblad] 302, article 27). The board of the HSN will not use the possibility to have an exemption on this obligation in case of scientific databases with an archival destination (Royal Decree [KB] of May 7, 2001, Book of Statutes [Staatsblad] 250, article 29).
The Board of the HSN has authorized the International Institute of Social History (hereinafter called IISH) in Amsterdam to administer and disseminate the data of the HSN for purposes of scientific research in accordance with the following regulations.
These regulations are divided into three chapters:
- A Aim and nature of the data collection
- B Administration of the data collection
- C Dissemination of the data collection
A Aim and nature of the data collection
1. Aim of the Historical Sample of the Netherlands (HSN) is to construct life histories as completely as possible for a representative portion of the nineteenth and twentieth century population in the Netherlands and to make the data available to scientific researchers in the Netherlands and abroad.
2. The term 'data of the HSN foundation' refers to all data collected within the bounds of the foundation's objectives. They are 'data on a sample of the Dutch population, as they may be found in certificates of births, deaths and marriages, records of the population register and other historical source material,' HSN's Articles, article 2, paragraph a.
3. A distinction is made between data available to the public without restriction (hereinafter called 'free data') and data which may be made public subject to restrictions (hereinafter called 'non free data').
4. Free data are all data which do not fall within the regulations of the Personal Data Protection Act [Wet Bescherming Persoonsgegevens] and may be consulted in public archives (as referred to in the Archives Act [Archiefwet] 1995, Book of Statutes [Staatsblad] 276, article 1, paragraph f) without restrictions of any kind.
5. Non free data are all data not covered by article 4 of these regulations, and collected within the bounds of the foundation's objectives (see article 1 and 2). These data are managed in accordance with article 9, paragraph 3, article 23, paragraph 2 and article 44, paragraph 1 of the Personal Data Protection Act [Wet Bescherming Persoonsgegevens].
B Administration of the data collection
6. The IISH is responsible for the collected and processed data. This responsibility entails the daily management and the administration of the data collection and data processing. The IISH complies with the legal regulations and faithfully fulfills all obligations specified in these privacy regulations to protect the personal privacy of persons concerned.
7. In order in order to obtain data as mentioned in article 4 and 5, the head of the HSN has, on behalf of the IISH, the authority to sign agreements with other archives or institutions, stipulating further regulations concerning the management and dissemination of specific data.
8. Only the head ICT (Information- and Communication Technology) of the IISH, the head of the HSN, the database-administrator(s) and database-programmers of the HSN or a person assigned with a specific job by the head HSN or ICT, are allowed to work with the electronic database of the HSN. The electronic database is divided into three parts with different rights of access:
a) The data entry part, where all entered data are collected, administrated and checked. Besides the above mentioned persons also the archive coordinators of the HSN have access to this part of the database.
b) The central database, in which all data from different sources are compared, integrated, standardized and where needed an anonymous version of the database is created.
c) The part where datasets ready for dissemination are stored. The head of the HSN can make this part of the database accessible to in house researchers.
9. All (copies of) documents with personal data are archived behind closed doors accessible only with the HSN Identification number. The offices where these archives are placed are located in the non-public area in the IISH-building and can only be entered by way of a door code. The paper archive is -after data entry- exclusively kept for checking and data management and only accessible to the head of the HSN, the HSN archive managers and persons specifically assigned by the head of the HSN for the managing of these archives.
10. The server with the hard disks containing the electronic database of the HSN, is located in a closed room in the non public part of the building, only accessible with an exclusive code for the specific room.
11. Electronic back-ups are kept in the safe of the IISH and at a location outside the IISH. This location to be determined by the head of the HSN will comply with the same conditions of protection as laid down in these regulations.
C Dissemination of the data collection
12. The data referred to in article 5 are accessible only for the purpose of scientific research, as envisaged in article 2, paragraph b of HSN's Articles. Researchers using these data will have to sign a mandatory license statement to this effect, with an exemption for the data defined in article 13. Only after this statement is signed will the head HSN be authorized to release the data concerned.
13. Parts of the dataset, consisting of data from public source as defined in article 4, and to be selected by the head of the HSN, can be disseminated by way of a release through the internet. The license will be automatically assigned after a statement of the identity of the researcher, goal of the use of the data and electronically endorsement with the license conditions of the HSN.
14. The use of non free data as referred to in article 5 is allowed exclusively on condition that the anonymity of data is guaranteed. The mandatory statement mentioned in article 12 includes the provision that users of 'non free' data do underwrite in all aspects the condition of anonymity.
15. For researchers who for research purposes are specifically in need of the non-anonymous data, individual arrangements can be made in which data can be handled in a safe environment. The head of the HSN has the authority to give permission for non-anonymous use of the data after receiving a well-motivated request including a specification of how this save environment will be arranged.
16. If the head of the HSN refuses a request to disseminate certain data from the HSN database for a specific research or specific researchers, persons and parties concerned can appeal to the Board of the HSN.
17. The HSN makes use of the exemption from meeting the requirements of the Personal Data Protection Act [Wet Bescherming Persoonsgegevens] as regards the provisions contained in articles 35 and 36, which concern the obligation to inform the data subject and subsequently his/her rights to inspect and amend personal data. This exemption is granted because of the scientific and historical character of the data collection.
18. The head of the HSN is in charge of the requests for information from the database. The head of the HSN will examine the requests for their compatibility with these regulations and the law. In case the head of the HSN refuses a request for information, the person concerned can appeal to the Board of the HSN.