Appearance
Protecting living individuals in records means identifying which people named in a document may still be alive, deciding whether their personal information can be shared, and applying closure, redaction, or aggregation so you respect their privacy and the law. The starting principle is simple: data protection rules apply to the living, archival ethics extend further, and when you cannot tell whether someone has died, you treat them as living. This guide explains the core ideas in plain language and walks through one small worked example.
What does "living individual" actually mean here?
A living individual is any identifiable person who has not died — and the catch is that archives rarely know who has died. A baptism register from 1930 might name a child who is still alive at 96. Because you cannot check every name against a death record, archivists use a presumption of life: treat a person as living unless you have evidence otherwise, or unless they were born long enough ago (commonly 100+ years) that survival is implausible.
This matters because most data-protection law — the UK GDPR and the Data Protection Act 2018, for instance — applies only to living people. The moment privacy law engages, you need a lawful reason to process the data, not just good intentions.
Why do records about the living need special care?
Three reasons, in plain terms:
- The law requires it. Sharing personal data about a living person without a lawful basis can be a breach with real consequences for your institution.
- Some information is especially sensitive. Special category data — health, ethnicity, religion, sexuality, political views — can cause serious harm if exposed.
- Harm is concrete, not abstract. A leaked address, a historical conviction, or a medical detail can affect someone's safety, employment, or relationships today.
A useful instinct for beginners: imagine the named person reading your published dataset. If that thought makes you uneasy, you have found something to protect.
How do I decide what to restrict? A small worked example
Suppose you hold a 1985 social-services case file you want to make available. Walk through it field by field.
text
Record: case file, opened 1985
- client name (b. 1962) -> presume LIVING -> restrict
- client address -> personal data -> restrict
- health notes -> special category -> strictest closure
- caseworker name -> staff acting in role -> usually open
- the policy discussed -> not personal -> openThe decision rule, in order:
- Is the person plausibly living? (born after ~1925, no death record) -> treat as living.
- Is the field personal data? -> needs a lawful basis to release.
- Is it special category? -> apply the longest closure your policy allows.
Here you would likely close the file for a set period and, if early access is justified, release a redacted copy with the health notes and client identifiers removed.
What tools do archives use to protect privacy?
You have a small toolkit, from least to most permissive:
| Tool | What it does | Best for |
|---|---|---|
| Closure period | Restricts the whole record for a set time | Files dense with personal data |
| Redaction | Hides specific fields, keeps the rest | Mostly-open records with a few sensitive details |
| Pseudonymisation | Replaces names with codes | Research datasets needing analysis but not identity |
| Aggregation | Reports counts, not individuals | Statistics, mapping, published figures |
Notice that deletion is absent — archives almost never destroy the record. The aim is to delay or limit access, not erase history.
How long should records stay closed?
Closure periods follow conventions, not guesswork. The familiar 100-year rule closes records likely to name living people for about a century from creation. Sensitive categories run longer: health and certain welfare records are often closed for 100 years, while ordinary administrative files may open after 20 or 30. Your institution should have a written retention-and-access schedule mapping record types to periods; if it does not, that schedule is the first thing a beginner should help create, because consistent rules are what make individual decisions defensible.
What is the simplest safe default for a beginner?
When unsure, close, then review rather than open and apologise. Closing a record you could have released costs a researcher a delay; releasing one you should have closed can harm a living person and breach the law. Pair that default with a documented reason for every closure, so each decision is consistent and reversible when the closure period ends or new information arrives.
Key Takeaways
- Data-protection law protects the living; archival ethics extend the duty of care further.
- When a person's status is unknown, presume they are living.
- Distinguish personal data (needs a lawful basis) from special category data (strictest handling).
- Protect with closure, redaction, pseudonymisation, or aggregation — rarely deletion.
- Follow written closure conventions like the 100-year rule rather than ad-hoc judgement.
- When in doubt, close and review; document a reason for every restriction.
Frequently Asked Questions
Who counts as a living individual in an archive?
Anyone you cannot reasonably establish has died. Because birth dates are often unknown, archives commonly apply a presumption-of-life rule, treating someone as living unless born more than about 100 years ago or otherwise known to be deceased.
Does data protection law apply to dead people?
In most jurisdictions, including under the UK GDPR, data protection covers living people only. Once someone has died their information may still be sensitive ethically and may engage the privacy of living relatives, but the statute itself no longer applies.
What is the 100-year rule?
A common archival convention that closes or restricts records containing personal data for about a century from creation, on the assumption the people named are likely deceased by then. Closure periods vary by record type and jurisdiction.
Is redaction the same as deletion?
No. Redaction hides specific personal details while keeping the record; deletion removes the record entirely. Archives almost always prefer time-limited closure or redaction so the document survives for future release.
Can I publish a dataset that names living people?
Only with a lawful basis and, usually, with sensitive fields removed or aggregated. For research, consent or a recognised public-interest basis plus pseudonymisation is the safer path.
What is special category data?
Information needing extra protection, such as health, ethnicity, religion, sexuality, or political opinion. Records like asylum case files or medical registers frequently contain it and warrant the strictest handling.