NIOD’s response to the publication of the CABR index
NIOD is urging for this situation be rectified quickly and effectively, by making the underlying files that have already been scanned available online as soon as possible. The restrictions on disclosure of the CABR should also be lifted as soon as possible. To undergo a lengthy legislative process would be unacceptable in this case. Despite the warning from the Data Protection Authority (AP), the decision should nevertheless be made to publish the files online as originally planned, with appropriate digital security safeguards.
Social consequences
The publication of the index has caused considerable societal disquiet. Although the index includes only the names of individuals who are known to be deceased (and who are thus not protected by the General Data Protection Regulation, GDPR), this does not lessen the impact on relatives and other stakeholders. The names are now available to everyone around the world, potentially resulting in insinuations. At the same time, the underlying material is not freely available, hindering thorough historical analysis and leaving it dependent on (limited) capacity in reading rooms. This increases the risk that this easily accessible and coincidentally available source forms the basis for premature allegations or snap judgements.
The publication of the index is the result of an unfortunate concurrence of events. The plan had been for the full CABR archive to be made public as of 2 January 2025, with both the list of names and the files that had been scanned at that time being made available. The warning from the AP relates to the possible violation of the privacy of living persons, such as victims and witnesses who appear in the archive. This protection does not apply to the list of deceased file-holders, however, which could thus be made public under the Open Government Act (Wet Open Overheid, WOO).
NIOD’s position
NIOD, a consortium member of the War in Court (Oorlog voor de Rechter) project, and thus partly responsible for the situation that has unfolded, has always called for relatives to be treated with care and respect. With our expertise on the impact of the Second World War on multiple generations, we feel responsible for contributing to a balanced and well-considered approach to opening up the CABR. After all, it had been known for a long time that the CABR would be made public in accordance with the provisions of the Public Records Act.
NIOD’s preference was to make the files first digitally accessible in the reading rooms of archival institutions, for example until the entire archive had been scanned, a period of approximately two years. This approach and the extra time would have provided space for a meaningful dialogue with relatives, perpetrators, victims and other stakeholders.
Call for action
The publication of the index means that this intermediary step is no longer feasible. Rapid action needs to be taken in order to limit further damage. NIOD therefore calls on the Minister of Education, Culture and Science (OCW) to prioritise the online publication of the files, along with sufficient security and other restrictive measures, including login restrictions to protect the privacy of everyone involved (including descendants). If this is not possible, the Ministry of OCW must immediately clarify which steps will be taken to legalise online publication. We find it unacceptable that this issue is not being tackled without delay, and that it is being linked to the amendment of the Public Records Act or the implementation of the GDPR (UAVG).
It is only with quick and decisive action that we will be able to do justice to the interests of relatives and stakeholders, as well as safeguard the societal and scientific value of the CABR archive.