Archivist Ethical & Legal Standards Flashcards

Under FERPA, which party has the right to access a student's educational records once the student turns 18?

Answer: The student alone

FERPA transfers rights from parents to the student (eligible student) when the student turns 18 or attends a post-secondary institution.

A researcher requests access to records that contain both public information and sealed personal data. What is the archivist's best course of action?

Answer: Provide access only after redacting or restricting the sealed portions

Archivists apply access restrictions selectively, redacting or restricting only the protected portions while making the remainder available.

Which SAA core value obligates archivists to identify, protect, and provide access to records that have long-term value?

Answer: Preservation

The SAA Core Values statement identifies preservation as the fundamental obligation to protect records with enduring value for current and future users.

An archivist discovers that a major donor has donated records containing evidence of financial fraud. What should the archivist do first?

Answer: Consult legal counsel and institutional administrators before taking action

Archivists facing legally sensitive situations should consult legal counsel and appropriate administrators before taking independent action.

Which of the following best describes a deed of gift in archival practice?

Answer: A legal agreement transferring title and sometimes access rights from donor to repository

A deed of gift is a legal document that formally transfers ownership (title) of donated materials to the archival institution, often specifying access conditions.

When an archivist is asked to authenticate a document for legal proceedings, what is the primary ethical concern?

Answer: Providing an objective, accurate assessment within the archivist's competence

Archivists who provide expert testimony or authentication must offer objective, accurate assessments without advocacy for either legal party.

Which U.S. federal law governs access to federal agency records and requires agencies to make certain records publicly available?

Answer: Freedom of Information Act (FOIA)

FOIA (5 U.S.C. § 552) requires federal agencies to disclose records upon request, subject to nine specific exemptions.