RKD Netherland Institute for art History
There are 5 possible reasons why archives are not available for public inspection:
In the Inventories in the database you can check if (part of) an archive is subject to publicity restrictions, whether it has been reproduced and if it is available for consultation. Publicity restrictions resulting from privacy protection regulations have not yet been incorporated in the inventories.
Contractual restrictionsSometimes public availability is limited because of stipulations in the donation- or loan for use contract between the RKD and the owner of the archive in question. This could, for example, be the case with relatively recent letters. Contractual agreements also determine the duration of the publicity restriction and state who is authorised to grant dispensation. Often this will be the former owner of the archive; sometimes he or she has passed on this authority to another, for example, a family member.
Privacy lawsIf there is no contractual publicity limitation, public inspection can still be obstructed by the privacy protection of living persons who are mentioned in the archives. This is regulated by the General Data Protection Regulation (GDPR) and the GDPR Implementation Law which is based on this. Whether or not the publicity of archives should be limited in order to protect the privacy of living persons is subject to interpretation. The RKD has appointed a privacy coordinator who advises the archivist on questions concerning privacy protection.
Contractual restrictionsTo be able to consult a non-public item from a private archive, you need permission from the donor or depositor, or from whoever this authority has been passed on to. Mail your request to email@example.com and address it to the Head of Collections of the RKD, who acts as mediator in these matters. As soon as you have obtained permission, you will be able to consult the not publicly accessible items you requested upon showing your letter of permission in the study room. A copy of this letter will then be made to serve as proof that you are entitled to consult the archives you requested. Archives viewed with the express permission of donor or depositor cannot be shown to third parties. Whatever you copy from the material may be used exclusively for the purpose of your own research. If you wish to use the material for any other end, such as publication or any other form of circulation, you yourself are responsible for ensuring that copyright laws are met. The RKD does not mediate in matters concerning third-party copy rights.
Privacy lawsUnder certain restrictions the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Law offer scope for the processing of personal data for scientific or historical research or for statistical purposes. 'Processing' includes the issuing or showing of archives to third parties.
In order to meet the conditions of the GDPR and the Dutch GDPR Implementation Law, the RKD makes use of this form. We ask that you read this form carefully. Your archive access application can only be dealt with if you have fully completed and signed this form. If you are not (yet) able to fully answer certain questions, then please state the reason for this. We recommend you fill in this form at home and send it to us digitally, or bring it with you on your next visit. It is also possible to obtain and fill in a form when you visit the RKD.
From the provision of material by the RKD no liability can be inferred. User is assumed to be aware of all relevant legal regulations concerning copy right, the protection of privacy, libel and the like, and indemnifies the RKD from any and all legal consequences of his or her use of material.
In connection with the new privacy laws it is currently not possible to photograph archives yourself. For a small fee it is possible to request scans of archives, unless copy right- or privacy protection laws prohibit this. Information on prohibited or limited access can be found under the description of the relevant archives in the database, or will be communicated to you upon your request of these. We apologize for any inconvenience.