Archivist Ethical & Legal Standards Flashcards

An archivist learns that a colleague has been selectively destroying records that reflect poorly on a past administrator. What is the archivist's ethical obligation?

Answer: Report the behavior to appropriate authorities within or outside the institution

The SAA Code of Ethics obligates archivists to report observed violations of professional ethics and legal obligations, including unauthorized destruction.

Under the Visual Artists Rights Act (VARA), which right is NOT typically applicable to archival photographic collections?

Answer: Right of reproduction for commercial gain

VARA protects moral rights (attribution and integrity) for works of visual art, but reproduction rights are governed by copyright law, not VARA.

A genealogical researcher requests access to death certificates from 75 years ago that include cause of death. What legal framework most directly governs this access?

Answer: State vital records statutes and their time-based restrictions

Vital records such as death certificates are governed by state statutes that typically impose time-based restrictions before records become publicly accessible.

Which principle guides an archivist's decision about the appropriate level of description for sensitive records?

Answer: Description should balance user access needs against privacy and confidentiality concerns

Archivists balance thoroughness of description against privacy risks, sometimes using minimal or restricted description for sensitive materials.

What is the ethical significance of maintaining 'chain of custody' for archival records?

Answer: It documents the unbroken transfer of custody, supporting authenticity and evidential value

Chain of custody documentation supports the authenticity and legal admissibility of records by showing continuous accountability for their custody.

A researcher discovers their personal correspondence in an archival collection donated by a third party without their knowledge. What is the archivist's ethical responsibility?

Answer: Review the deed of gift, assess privacy concerns, and consult legal counsel if needed

Archivists must carefully review donor agreements and assess privacy implications; complex situations require consultation with legal counsel and administrators.

Which of the following practices most directly violates the archivist's duty of impartiality?

Answer: Selectively retaining records to promote a particular historical narrative

Impartiality requires archivists to document all aspects of human activity without bias; selectively retaining records to shape historical narrative violates this core value.