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Reuse of public information

The rights of reuse of "public information" contained in documents produced or received by the Archives Nationales are subject to the principle of free access, via 2017-11 decision {Fr/Pdf}Not all documents held by the Archives Nationales are "public

information" in the sense of the Code of Relations between the Public and the Administration (CRPA): only documents that are freely accessible to all and over which third parties do not hold intellectual property rights are "public information" and are therefore subject to the right of reuse.

This does not include documents which are not yet freely accessible under the heritage code or other legislative provisions, documents of private origin kept in the Archives Nationales but whose access or exploitation is subject to restrictions, or intellectual works which have not yet entered the public domain. These documents are either not reusable or are subject to conditions, in a framework that goes beyond that of the CRPA (the intellectual property code in particular).

In the event of the presence of intellectual property rights held by third parties, the re-user must obtain the necessary authorisations from the authors or their beneficiaries. Without these authorisations, a person who has obtained a copy of a document for which a third party holds intellectual property rights may only use it for the purposes set out in article L. 122-5 of the intellectual property code.

If the document contains personal data, the re-user is required to comply with the French data protection act (CNIL authorisation where applicable, existence of a specific legislative or regulatory provision, anonymisation or the obtaining of individual consent). The Archives Nationales, which are required to comply with requests made under the right of access, and thus to provide copies of documents, if required, when they are freely accessible, may not be held liable for the non-compliance of the re-user with the obligations provided for by the French data protection act.

As this is public information, the reader has non-exclusive and free rights for commercial or non-commercial purposes, worldwide and for an unlimited period of time, provided that such information is freely accessible within the meaning of article L. 213-1 of the French heritage code and that it has not been accessed by authorisation or special dispensation.

The reader is therefore bound to respect the copyrights attached to the documents, the rights attached to the persons referred to in the documents, in particular by using procedures for anonymising the elements enabling them to be identified; and respecting the integrity of the information, by ensuring that its content and scope are not altered after the fact (amendment of the information, insertion of comments without it being possible to clearly distinguish them from the original content, deletions altering the sense of the text or the information, etc). All dissemination of the information must be accompanied by the precise indication of the origin and place of preservation of the document "Archives Nationales (France)", date, reference, the author and the title of the document if applicable.

Failure to comply with the rules on reuse shall expose the re-user to the penalties provided for in article L. 326-1 of the CRPA and, in the event of non-compliance with the rules relating to the re-use of personal data, articles 45 et seq. of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms.
For any questions relating to the reuse of the contents of the Archives Nationales databases, please contact the Archives Nationales Department of Public Affairs: tel +33 (0)1 75 47 21 29.