Cahn’s Quarterly 1/2024 English Edition
Editorial Dear readers Provenance Research and Data Protection Recently, I attended a conference on provenance research at the University of Fribourg. Among other things, the new standards for provenance research employed by the Verband der Museen der Schweiz/ICOM Switzerland and the Federal Office of Culture's programme for researching the history of museum collections were presented. I understand the legitimate demand that the history and provenance of artworks on display in museums should be clarified. This primarily concerns looted art from the Nazi era and cultural artefacts from colonial contexts, but but also illegal excavations. When, however, I asked how provenance research could be reconciled with data protection, especially since a new, stricter data protection law came into force on 1.9.2023, I unfortunately had to observe a certain speechlessness. During the break, I was even congratulated on bringing up the subject: the problem was known but no one knew how to solve it. This raises the question of whether the research programme was launched without first developing a solution to the data protection problems together with the data protection officers working on both the federal and cantonal levels. There appears to have been only a preliminary clarification with the Federal Data Protection and Information Commissioner from 2021, on the basis of which the FOC made recommendations. In these Recommendations of the Federal Office of Culture on Provenance Research and Data Protection, reference is made to the former Federal Act on Data Protection: “Justification grounds pursuant to Art. 13 para. 1 FADP, which can legitimise the processing or disclosure of personal data in the aforementioned sense, are a corresponding legal basis, the consent of the person concerned or the existence of an overriding private or public interest. Whether such justifications exist must be examined on a case-by-case basis.” I would wish for a more clearly defined legal framework in which not everything is permitted simultaneously. However, what is stated in the following section should be examined critically: “In genCQ
eral, it should be noted that provenance research a priori corresponds to a significant public interest, as explained below (see section 2). Therefore, the processing and disclosure of personal data in the context of provenance research should appear to be justified in numerous cases by an overriding public interest, even if no explicit consent of the persons concerned has been obtained, especially if no particularly sensitive personal data is involved. Thus, under the aforementioned conditions, A LARGE FRAGMENT OF A MONUMENTAL ATTIC RED-FIGURE CALYX the names of sellers and KRATER, ATTRIBUTED TO THE ALTAMURA PAINTER. H. 26 cm. B. 59 cm. Clay. Greek, Attic, ca. 470–460 B.C. CHF 18,000 buyers of cultural property could be processed and disclosed even against provenance research is, we find ourselves in their will, depending on the type and scope of a legal jungle full of contradictions. the data processed.” For the original German wording, see: > Provenienzforschung in der Finally, I would like to draw your attention Schweiz (admin.ch) (5th pdf on this page, ac- to our next events. During Art Basel, we will be showing the exhibition L'incomplet - l'art cessed 3.6.2024). du fragment featuring ancient art only in the You will have noticed that this section is gallery at Malzgasse 23 in Basel. The opening written in the subjunctive mood. It is as if is on Tuesday 11.6.2024 from 5 p.m. to 10 I were to stand in front of a red traffic light p.m., together with the Parisian gallery Joceand an officer were to tell me it should be lyn Wolff. The exhibition is open from 12.alright to drive off all the same, but I would 15.6.2024 and from 17-18.6.2024 from 10 have to bear the consequences. The buyer of a.m. to 6 p.m. We look forward to your visit. a work of art has a right to privacy, and by law the seller may not name the buyer unless From 27.6.2024-2.7.2024 we will be exhibthe buyer gives his consent. What makes the iting at the Treasure House Fair in London. Federal Office of Culture's provenance pro- You can now view the fair catalogue using gramme even more problematic is that the the QR code below. This allows you to see museums involved are obliged to publish the one-to-one what we are offering at the fair results of their provenance research public- and to buy directly from the catalogue if ly. In concrete terms, this means that any- you are unable to visit us in London. But of one can read who bought what, when and for course I would much prefer you came to see how much, for whatever purpose! It would the pieces in person. ease the situation considerably if the data were only intended for internal use by the museums and authorities. As a dealer in ancient art, I naturally want to help clarify the provenance of artworks. At the Cahn Gallery we devote a considerable amount of time and personnel to researching the provenance of the objects we sell. Nevertheless, I have to say that as welcome as
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