Request a special dispensation to consult and/or reproduce archives

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Summary:

You may, under certain conditions, apply for a special dispensation from the Luxembourg National Archives to consult and/or reproduce archives which, due to the type of information they contain, are subject to protection periods.

Demande de dérogation de communication d’archives aux Archives nationales de Luxembourg
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The Luxembourg National Archives (Archives nationales de Luxembourg - ANLux) play a key role in:

  • the collection, conservation and communication of public archives;
  • advisory services and awareness-raising;
  • contributing to the development of archiving at both the national and international level; and
  • information management within the State.

Once they have been filed at the ANLux, and their administrative usefulness has expired, public archives may be disclosed to anyone who requests them from the ANLux. However, specific terms of protection apply and vary depending on the type of information contained in the archived document (e.g. documents considered to pose a threat to Luxembourg's national security, or containing personal information on a natural person, etc.).

During these periods of protection, it is generally not possible to consult or reproduce the documents in question. However, anyone carrying out research or scientific work in the public interest may request a dispensation from the ANLux in order to consult and/or reproduce these public archives.

Who is concerned

Anyone carrying out research or scientific work in the public interest.

Costs

Public archives can be consulted for free. Digital copies can be made free of charge in the reading room.

Reproductions requiring the use of specific technical equipment may be subject to a fee.

How to proceed

Documents in question

You can request a dispensation for any archive subject to a protection period.

The protection period is:

  • 50 years from the date of the most recent document in the file to be deposited at the public archives:
    • whose disclosure would be prejudicial to:
      • Luxembourg's foreign relations and/or national security, or to public order; or
      • the confidential nature of commercial and/or industrial information; or
    • which concern:
      • cases brought before judicial, extra-judicial and/or disciplinary bodies; or
      • the prevention, investigation and/or prosecution of punishable offences;
  • 100 years from the date of the most recent document in the file to be deposited in the public archives covered by tax secrecy;

Archives containing personal information about a natural person may only be disclosed:

  • 25 years after the death of the person in question, if the date of death is known; or
  • 75 years from the date of the most recent document in the file, if:
    • the date of death is not known; or
    • it would require a disproportionate administrative investigation to determine the date of death.

Submitting the application

You must send your application using the form that corresponds to your procedure (consultation or reproduction) to the Luxembourg National Archives by email to contemp@an.etat.lu.

Your application for a dispensation for consultation must specify:

  • the files concerned; and
  • the research project or scientific work in question.

If you are applying for a dispensation for reproduction, you must also specify:

  • the type of reproduction (photographs, scans, copies);
  • the purpose of the reproductions (copies of unpublished works or publication).

Incomplete applications will not be processed, especially when the reasons for the research or the files are not specified.

Supporting documents

Supporting documents may be required.

The administration's response

In most cases, the ANLux will send your application to the body having produced the file(s) (ministry/administration) for approval.

The producer generally responds to the ANLux within 3 weeks of receiving the application.

Failing a response on the part of the producer within this period, a decision will be taken by the Director of ANLux personally.

The authorisation will generally be granted if the disclosure of the archived documents:

  • is required to conduct research or scientific work in the public interest; and
  • is not excessively prejudicial:
    • to the privacy of the person that the file concerns; or
    • to the interests protected by the State.

The decision taken by ANLux's Director will be communicated to you by email.

If the response is positive, you can:

  • go to the ANLux reading room to consult the documents you have requested; or
  • obtain a copy of the requested documents.

Validity of the authorisation

The authorisation for disclosure is generally limited in time, i.e. valid until the end of the research or scientific work carried out in the public interest.

Obligations

If your application for a special dispensation for consultation and/or reproduction is successful, you may be required to:

  • anonymise and/or pseudonymise personal data:
    • when making use of the documents;
    • when archive files are cited (in this case, the citations should be in the following format: ANLux, file number);
  • redact passages that may be prejudicial to one or several persons, if the archive documents are to be published or otherwise disseminated.

In all cases, you must:

  • provide the ANLux with a copy of all the works/publications that are wholly or partially based on archives held in the ANLux;
  • check and clarify possible copyright issues.

Appeals

If your application is denied, you may refer the matter to the Archives Council (Conseil des archives) for a ruling. Your application will be evaluated again. The Council will hand down its ruling within 3 weeks of the referral.

You can lodge an appeal for annulment with the Luxembourg administrative tribunal against the ANLux Director's decision to refuse consultation. The notice of appeal must be:

  • signed by a lawyer;
  • filed with the tribunal within 3 months of the notification of refusal.

Online services and forms

Online services

Demande de dérogation de communication d’archives aux Archives nationales de Luxembourg

Une fois que vous avez rempli ce formulaire en ligne, un document PDF est généré avec les in-formations saisies. Vous pouvez ensuite le télécharger et l’envoyer, de préférence par e-mail, à l’adresse électronique indiquée dans l’en-tête du document. Si vous ne pouvez pas envoyer le document par e-mail, vous pouvez toujours l’envoyer par voie postale.
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Downloadable forms

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Demande de dérogation de reproduction

Last update 18.10.2023

PDF221 Kb

Who to contact

Luxembourg National Archives

Related procedures and links

Links

Legal references

Loi du 17 août 2018

sur l’archivage

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