Shifts in the right of access to public records

By Noé Wagener
English

There are many different ways of opening and closing public archives, reflecting a large variety of legal procedures. Unfortunately, these forms remain, today in France, very poorly theorized. So poorly, in fact, that when, in July 30, 2021, the law relating to the prevention of acts of terrorism and to intelligence (PATR) shook them violently, the shifts caused remained imperfectly described, and often poorly denounced. The aim of the article is therefore first of all descriptive: it draws a theoretical portrait of the legal organization of access to public archives in France, based on three main features. Building on this basis the article shows then that the July 30, 2021 reform of the conditions of access to public archives represents a major break, which mainly aims at giving certain administrations back control over the documents that result from their activity.

  • public archives
  • access
  • right of access
  • freedom of access