Retention and archives

Archive transfer rules compared

Q: Can a department keep old records longer?

In the UK yes, for administrative need with approval. In the US, if the agency head certifies a business need in writing.

Last checked 6 November 2026 · 6 sources

Short answer

Most laws set an age at which records of lasting value move to an archive or open to the public. The UK moved from 30 to 20 years, moving two years of records a year from 2013 to 2022 ¹. US agencies transfer records of historical value to the National Archives, as a rule no later than 30 years after creation ². Most Australian archival records enter the open access period after 20 years ³. In the EU, access exceptions may apply for a maximum of 30 years ⁴.

United Kingdom: Transfer no later than 20 years after creation ⁵
United States: Transfer no later than 30 years after creation or receipt ²
Australia: Open access period after 20 years, Cabinet notebooks 30 ³
India: Most information on events 20 years old must be given ⁶
European Union: Exceptions apply for a maximum of 30 years ⁴

United Kingdom: the 20-year rule

Section 3(4) of the Public Records Act 1958 requires records selected for permanent preservation to be transferred no later than 20 years after creation ⁵. A department may keep records longer if it needs them for administrative purposes or another special reason, with the approval of the Secretary of State where needed ⁵.

The National Archives says the change from 30 to 20 years began in 2013, when records from 1983 and 1984 were transferred ¹. Two years of records moved each year until 2022, when records from 2001 and 2002 arrived ¹. From 1 January 2015 the change applied to records of local interest, such as those of magistrates' courts and the NHS ¹. Some FOI exemptions that allow records to stay closed now lapse at 20 years instead of 30 ¹.

United States: the 30-year rule

Under 44 U.S.C. § 2107, the Archivist may direct the transfer of agency records with enough historical value to the National Archives as soon as practicable, and no later than 30 years after the agency created or received them ². The head of an agency can keep records longer by certifying in writing that they are needed for the agency's regular business ².

The Archivist may accept a copy of records less than 30 years old. Those records stay closed until the 30-year period ends. The Archivist can set a longer period, or the agency can agree to a shorter one ².

Australia: the open access period

The National Archives of Australia says most archival records enter the open access period after 20 years ³. Cabinet notebooks open after 30 years and census data after 99 years ³. The Archives normally decides an access application within 90 business days ³. It says fewer than 2% of records are partially released and fewer than 0.25% are wholly withheld ³.

India and the European Union

India's Right to Information Act has its own age rule. Section 8(3) says information on events that took place 20 years before the request must be provided, subject to some of the exemptions in section 8(1) ⁶.

In the EU, Regulation 1049/2001 says its exceptions apply only for the period in which protection is justified, and for a maximum of 30 years ⁴. Exceptions for privacy, commercial interests and sensitive documents may continue beyond that if needed ⁴.

Comparison

Jurisdiction	Rule	Exception
United Kingdom	Transfer by 20 years ⁵	Retention for administrative need with approval ⁵
United States	Transfer by 30 years ²	Written certification by agency head ²
Australia	Open access after 20 years ³	Exempt records under the Archives Act ³
India	Release of 20-year-old information ⁶	Some s 8(1) exemptions continue ⁶
European Union	Exceptions end at 30 years ⁴	Privacy, commercial and sensitive documents ⁴

Common questions

What is the UK 20-year rule?

The rule that records selected for preservation are transferred to The National Archives no later than 20 years after creation ⁵. It replaced a 30-year rule over 2013 to 2022 ¹.

When do US federal records go to the National Archives?

As soon as practicable and, as a rule, no later than 30 years after creation or receipt ².

Are Australian archive records open after 20 years?

Most archival records enter the open access period after 20 years, with some exempt ³.

Can a department keep old records longer?

In the UK yes, for administrative need with approval ⁵. In the US, if the agency head certifies a business need in writing ².

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@publicrecordgaps.com.

Sources

Records retention schedules explained
How retention and disposal schedules decide which government records are kept, transferred or destroyed in the US, UK, Australia and India.
Unlawful destruction of public records: the rules
Offences and reporting duties for destroying, altering or hiding public records in the UK, US, Canada, India and Australia, with the penalties set in law.
Proactive disclosure duties compared
What public bodies must publish without a request under UK FOI section 19, India RTI section 4, US FOIA reading room rules and EU Regulation 1049/2001.