Access to Electronic Records Bibliography Legal Issues

Behrnd-Klodt, Menzi L., and Christopher J. Prom, eds. Rights in the Digital Era. Chicago: Society of American Archivists, 2015.

Abstract: None

Annotation: Rights in the Digital Era is the second installment in SAA’s series, Trends in Archives Practice. Rights in the Digital Era includes four modules: Module 4: Understanding Copyright Law by Heather Briston, Module 5: Balancing Access and Privacy in Manuscript Collections by Menzi L. Behrnd-Klodt, Module 6: Balancing Access and Privacy in the Records of Organizations by Menzi L. Behrnd-Klodt, and Module 7: Managing Rights and Permissions by Aprille C. McKay.

The Trends in Archives Practice publishing initiative is designed to represent the best of current practice, and it certainly succeeds in Rights in the Digital Era. The four modules are interrelated but can also stand alone according to the user’s needs and interests. Each module includes appendices with further readings, case studies, sample documents such as notices and deeds of gift, and a glossary. The authors clearly explain concepts and laws applicable to archives, and electronic records in particular. Practical approaches and recommendations are provided throughout. Rights in the Digital Era is essential reading for all archivists working with electronic records.

Eschenfelder, Kristin R., and Grace Agnew. “Technologies Employed to Control Access to or Use of Digital Cultural Collections: Controlled Online Collections.” D-Lib Magazine 16, no. 1/ 2 (2010): 1-12. http://www.dlib.org/dlib/january10/eschenfelder/01eschenfelder.html.

Abstract: This article describes the results of a survey investigating the use of technological protection measure (TPM) tools to control patron access to or use of digital cultural materials made accessible by U.S. archives, libraries and museums. Libraries reported using a broader range of systems than archives or museums including repository software, streaming media servers, digital library software and courseware. In terms of controlling access to collections, most respondents reported using IP range restrictions and network‐ID based authorization systems. Some reported restricting access to approved terminals or individual user registration systems. In terms of controlling use of collection items, respondents reported reliance on resolution limits, clips and thumbnails, and visible watermarking. A lower percentage reported use of click‐through license agreements. Few institutions reported using new technologies to control access or use such as pop‐ups, disabling right click copy and save functionalities, invisible watermarks, viewers or cross‐institutional authentication systems.

Annotation: Once an archive has established its legal obligations in controlling access to electronic records, it must evaluate the tools and systems available for doing so. Eschenfelder and Agnew discuss the advantages and disadvantages of different technologies, the various kinds of institutions in which they are used, and possible reasons for an institution to choose one over another.

Goldman, Ben and Timothy D. Pyatt. “Security Without Obscurity: Managing Personally Identifiable Information in Born-Digital Archives.” Library & Archival Security 26, no. 1-2 (2013): 37-55. doi:10.1080/01960075.2014.913966.

Abstract: This article examines current archival thinking and practice surrounding the identification and management of personally identifiable information (PII) found in born-digital collections in an academic repository context. Data from recent surveys and reports, along with examples of how several different repositories have attempted to balance management of born-digital records that require access control, inform the recommendations of the authors.

Annotation: Goldman and Pyatt provide a useful summary of federal laws that impact archives, privacy protection guidelines from professional associations, including SAA, and a discussion of the role parent institution policy may play in managing PII. The authors’ recommendations are concrete and practical, backed by research, and illustrated with real-world examples. Specifically, they advise archivists to implement privacy policies and strategies for managing PII in electronic records, and to engage donors, IT staff, and researchers throughout the process.

Hirtle, Peter B., Anne R. Kenney, and Judy Ruttenberg. “Digitization of Special Collections and Archives: Legal and Contractual Issues.” Research Library Issues: A Quarterly Report from ARL, CNI, and SPARC no. 279 (2012): 2-4. http://publications.arl.org/rli279/.

Abstract: None

Annotation: Issue 279 of Research Library Issues is devoted to the findings and resources generated by the Association of Research Libraries’ Working Group on Transforming Special Collections in the Digital Age. This first article in the issue provides a quick introduction to its contents and describes the two ARL Model Deeds of Gift and a Model Digitization Agreement included in the publication. Both Model Deeds of Gift allow repositories to make donated material available online, however they differ in complexity according to differing institutional needs. The Model Digitization Agreement is intended to be used when outsourcing digitization projects to vendors.

Smith, Kevin L. “Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections.”  Research Library Issues: A Quarterly Report from ARL, CNI, and SPARC. no. 279 (2012): 17-23. http://publications.arl.org/rli279/.

Abstract: None

Annotation: Smith argues against a risk-averse approach to mass digitization projects. Rather than avoiding digitization out of fear of lawsuits over copyright infringement, libraries should approach digitization as they do other legal issues, such as negligence or employment discrimination. He provides two principles for administrators to apply minimize risk when planning a project and four strategies to evaluate the risk of potential projects.

Steele, Jordan. “Preserving History, Preserving Privacy: E-mail, Archival Ethics, and the Law.” Archival Issues  32, no. 2 (2010): 99-109.

Abstract: This paper examines legal and ethical issues surrounding privacy in E-mail. The author attempts to identify the legal and ethical parameters that govern archivists when managing electronic correspondence (E-mail) within archival collections. The author then suggests criteria for organizations and individuals who wish to perform a “privacy audit” on E-mail accounts.

Annotation: Steele provides a broad overview of the legal and ethical considerations involved in providing access to email. Privacy law is complex and varies from state to state; archivists should refer to local laws when formulating access guidelines. In the absence of legal guidance, Steele advises that archivists look to ethical frameworks including SAA’s Code of Ethics.

 


 

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