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 access restrictions exist.

General Restrictions These apply to more than one group of materials. They are applicable to particular kinds of information or designated classes of materials, wherever they may be found among the holdings.

Specific Restrictions These are specified by the donor or transferring organization 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 certain data, through which the researcher’s access to which would constitute a clearly unwarranted invasion of personal privacy or allow the libel of a living person.

1.1 Definition

Materials containing data about a living person which reveal details of a highly personal or libelous 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, sexual orientation, or origins of the individual, and which personal information is not known to have been made public previously.

1.2 Restrictions

Materials that fall under this restriction may be disclosed only:

1. to permanent employees of the OSA Archivum only in the performance of their archival and professional work.

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. to those officers and employees of the office of origin or its successor in function or representatives who have a need for the record, 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 data.

2.1 Definition

Materials which contain financial or business secrets that were obtained with an expressed or implied understanding of confidentiality.

2.2 Restrictions

Such information may be disclosed only:

1. if the data consists of statistical totals or summaries and does not disclose the source of the details or identify the supplier of the data, 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 or its

representative who have a need for the record in their performance of their official duties

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 judgment of the OSA Archivum, the passage of time is such that the release of the

information would not result in substantial competitive or other harm to the party identified in the materials.

General Restriction 3

Materials containing confidential employment or personnel information.

3.1 Definition

Materials containing information on appointment, employment, performance evaluation, disciplinary action, and similar personnel matters.

3.2 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 or its representative 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.

4.1 Definition

Data related to or gathered during an investigation of an individual or organization.

4.2 Restrictions

Such data 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 published, 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:

a. the safety of persons is not endangered, and

b. the public interest in disclosure outweighs the continued need for confidentiality.

General Restriction 5

Materials restricted by court order.

5.1 Definition

Those materials containing information, the access to which is restricted by current order of a court with jurisdiction over the governing body of the Central European University.

5.2 Restrictions

Such information may be disclosed only:

1. in accordance with the provisions of the court order, or when it is vacated.

General Restriction 6

Materials containing information regarding confidential decision-making.

6.1 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 consultants.

6.2 Restrictions

Such information may be disclosed only:

1. 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 judgment of the OSA Archivum, the public interest in disclosure outweighs the continued need for confidentiality.