Deletion or archiving?

Joint working paper by the Bavarian State Commissioner for Data Protection and the General Directorate of the Bavarian State Archives.

Every administrative process at a Bavarian public authority is completed at some point. A decision must then be made about archiving – usually in a state or municipal archive. However, data protection regulations are also relevant to archiving. For example, individuals whose data appears in the administrative process may have a right to deletion, i.e., to be “forgotten.” In some cases, this right even applies before the process is archived. If personal data is involved, coordination between archiving and data protection laws is necessary.

The related issues are addressed in a working paper jointly prepared by the Bavarian State Commissioner for Data Protection, as the data protection supervisory authority for the Bavarian public sector, and the General Directorate of the Bavarian State Archives, as the central state authority responsible for all matters relating to archiving. The paper explains the relationship between the obligation to delete data under data protection law and the obligation to make data available under archiving law. It characterizes archiving as a substitute for deletion and addresses the issue of retention periods, taking into account the respective perspectives of data protection and archiving law. Furthermore, the premature deletion of personal data in individual cases raises a particular problem concerning the relationship between data protection and archiving law. Finally, the information obligations under data protection law when archiving documents are explained. The challenges of a digitizing administration are taken into account throughout.

State Commissioner Prof. Dr. Thomas Petri and Director General Dr. Bernhard Grau: "We are pleased to present Bavarian public authorities with a joint working paper that has grown out of the advisory practice of our two authorities. At the same time, we hope that the considerations developed therein will guide Bavarian public authorities as well as state and municipal archives in implementing practical solutions in their day-to-day administrative work and provide the necessary assistance in cases of doubt."

The working paper is available at the following link:

Deletion or archiving? Archival retention and data protection deletion regulations in the Bavarian public sector – Working paper –

Sorting, offering, accepting, and destroying documents (sorting notice – Aussond-Bek) Notice from the Bavarian State Government dated November 19, 1991, Ref. No. BIII 2-481-17-3

Guidelines for the disposal, offering, and transfer of classified information (Disposal Notice-VS – Aussond-Bek-VS) Announcement by the Bavarian State Government dated November 19, 1991, Ref. No. B III 2-481-17-4

Guidelines for archiving personnel files