General Restriction Statement

of the OSA Archivum

The OSA Archivum is committed to making research materials available to users on equal terms of access. Equal access does not mean that all materials are open for research use. It is the responsibility of the OSA Archivum to balance the researcher’s need for access with the needs for confidentiality of persons and institutions whose activities are reflected in the material. Consequently, the use of some materials in the OSA Archivum, especially those of recent date, is subject to restrictions.

Two types of restrictions exist. Restrictions on access that apply to more than one group of materials are termed “general restrictions.” They are applicable to particular kinds of information or designated classes of materials, wherever they may be found among the holdings. The other kind of restrictions are known as "specific restrictions." These are restrictions specified by the transferring organization or donor and apply to a specific body of material, sometimes for a specific length of time. Information about specific restrictions will be found in the description of the body of materials to which the specific restriction applies.

The following is a list of the general restrictions that are applied to the materials held by the OSA Archivum.

General Restriction 1. Materials containing information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or a libel of a living person.

1. Definition. Materials containing information about a living person which reveal details of a highly personal or libellous nature which, if released, would constitute a clearly unwarranted invasion of privacy or a libel, including but not limited to information about the physical or mental health or the medical or psychiatric care or treatment of the individual, and which personal information is not known to have been made public previously.
2. Restrictions. Such materials may be disclosed only:
   1. to regular employees of the OSA Archivum in the performance of normal archival work on such materials.
   2. to the named individual or his authorized representative, provided that access will not be granted if the records are restricted pursuant to any other general or specific restrictions.
   3. the those officers and employees of the office of origin or its successor in function who have a need for the record in their performance of their official duties, or
   4. to the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the Donor’s deed of gift.

General Restriction 2. Materials containing confidential business and financial information.

1. Definition. Materials which contain commercial or financial information that were obtained with an expressed or implied understanding of confidentiality.
2. Restrictions. Such information may be disclosed only:
   1. if the information consists of statistical totals or summaries and does not disclose the source of the information or identify individual parties, or
   2. if the party with whom the confidential relationship has been established agrees to its release, or
   3. to those officers and employees of the office of origin or its successor in function who have a need for the record in their performance of their official duties, or
   4. to the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the Donor’s deed of gift, or
   5. if, in the judgement of the OSA Archivum, the passage of time is such that the release of the information would not result in substantial competitive harm to the parties identified in the materials.

General Restriction 3. Materials containing confidential employment or personnel information.

1. Definition. Materials containing information on appointment, employment, performance evaluation, disciplinary action, and similar personnel matters.
2. Restrictions. Such information may be disclosed only:
   1. if the information is a summary statement of service, or
   2. if the information does not identify particular individuals, or
   3. if the individual or his legal representative agrees to its release, or
   4. if the individual is deceased or the passage of time is such that the individual may be presumed to be deceased, or
   5. to those officers and employees of the office of origin or its successor in function who have a need for the record in their performance of their official duties, or
   6. to the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the Donor’s deed of gift.

General Restriction 4. Materials relating to investigations.

1. Definition. Materials containing information related to or compiled during an investigation of individuals or organizations.
2. Restrictions. Such information may be disclosed only:
   1. if the release of the information does not interfere with ongoing litigation or similar proceedings, and
   2. if confidential sources and information are not revealed, and
   3. if confidential investigative techniques are not described, and
   4. if the release of the information would not endanger the safety personnel, including law enforcement personnel, or
   5. to those officers and employees of the office of origin or its successor in function who have a need for the record in their performance of their official duties, or
   6. to the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the Donor’s deed of gift, or
   7. the passage of time is such that:
      1. the safety of persons is not endangered, and
      2. the public interest in disclosure outweighs the continued need for confidentiality.

General Restriction 5. Materials restricted by court order.

1. Definition. Materials containing information, the access to which is restricted by current order of a court with jurisdiction over the Central European University Board of Regents.
2. Restrictions. Such information may be disclosed only:
   1. in accordance with the provisions of the court order, or when it is vacated.

1. Definition. Materials which contain information that was given in confidence in the period before a determination was made, including but not limited to advice given by attorneys, public accountants, and staff advisors.
2. Restrictions. Such information may be disclosed only:
   1. if the decision has been made public and the nature of the determinations leading to the final decision is known, or
   2. if the passage of time is such that release of the information would not impede current decision-making, or
   3. if, in the judgement of the OSA Archivum, the public interest in disclosure outweighs the continued need for confidentiality.