Archivist Ethical & Legal Standards Flashcards

Which of the following is an example of 'deaccessioning' in archival practice, and what ethical obligation accompanies it?

Answer: Removing records from the collection with transparent documentation and appropriate disposition

Deaccessioning is the formal removal of materials from a collection; ethical practice requires transparent documentation, appropriate disposition, and often notification to the original donor.

Under HIPAA, which of the following would allow an archivist at a healthcare institution to provide access to patient medical records for research purposes?

Answer: Access requires patient authorization or a waiver from an Institutional Review Board (IRB)

HIPAA requires patient authorization for research access to protected health information, or a formal IRB waiver under specific conditions.

What is the primary ethical concern when an archivist accepts a gift of records that includes materials clearly belonging to a third party?

Answer: The archivist may be receiving stolen or improperly transferred property

Accepting records that do not belong to the donor can make the institution complicit in receiving stolen or improperly transferred property, raising serious legal and ethical concerns.

The SAA's Core Values statement identifies 'diversity and inclusion' as a value. How does this most directly affect archival appraisal decisions?

Answer: Archivists should actively seek to document underrepresented communities and correct historical collection gaps

Diversity and inclusion in appraisal means archivists actively work to document underrepresented voices and correct historical biases in what was collected and preserved.

An archivist is asked to provide expert witness testimony about a document's authenticity. Which action would be most professionally appropriate?

Answer: Examine the document personally and provide an objective, evidence-based assessment

Professional ethics require that archivists providing expert testimony personally examine materials and offer objective, evidence-based assessments independent of either party's interests.

Which concept describes the archivist's responsibility to ensure that digital records remain accessible and authentic over time despite technological change?

Answer: Digital preservation and migration

Digital preservation includes ongoing migration and format refreshing to ensure long-term accessibility and authenticity of digital records as technology evolves.

When a Native American tribe requests the return of sacred records or objects held in an archival collection, which federal law most directly applies?

Answer: Native American Graves Protection and Repatriation Act (NAGPRA)

NAGPRA mandates the return of Native American cultural items, including sacred objects and associated records, to lineal descendants and culturally affiliated tribes.