CA Archivist Ethical & Legal Standards 2 — Questions and Answers
Question 1: Under FERPA, which party has the right to access a student's educational records once the student turns 18?
- The student's parents only
- The student alone (Correct answer)
- Both the student and parents equally
- The educational institution decides
Correct 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.
Question 2: A researcher requests access to records that contain both public information and sealed personal data. What is the archivist's best course of action?
- Deny the entire request to protect privacy
- Provide access only after redacting or restricting the sealed portions (Correct answer)
- Grant full access since the researcher signed a confidentiality agreement
- Refer the researcher to the originating agency without further action
Correct 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.
Question 3: Which SAA core value obligates archivists to identify, protect, and provide access to records that have long-term value?
- Accountability
- Advocacy
- Preservation (Correct answer)
- Responsible custody
Correct answer: Preservation
The SAA Core Values statement identifies preservation as the fundamental obligation to protect records with enduring value for current and future users.
Question 4: An archivist discovers that a major donor has donated records containing evidence of financial fraud. What should the archivist do first?
- Destroy the records to protect the institution
- Consult legal counsel and institutional administrators before taking action (Correct answer)
- Immediately contact law enforcement independently
- Return the records to the donor without disclosure
Correct 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.
Question 5: Which of the following best describes a deed of gift in archival practice?
- A court order transferring custody of records
- A legal agreement transferring title and sometimes access rights from donor to repository (Correct answer)
- An internal form documenting accession details
- A receipt acknowledging temporary loan of materials
Correct 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.
Question 6: When an archivist is asked to authenticate a document for legal proceedings, what is the primary ethical concern?
- Charging an appropriate fee for the service
- Providing an objective, accurate assessment within the archivist's competence (Correct answer)
- Supporting the case of the party who holds the records
- Avoiding any involvement in legal matters as a professional standard
Correct 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.
Question 7: Which U.S. federal law governs access to federal agency records and requires agencies to make certain records publicly available?
- Privacy Act of 1974
- Federal Records Act
- Freedom of Information Act (FOIA) (Correct answer)
- Electronic Communications Privacy Act
Correct 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.
CA Archivist Ethical & Legal Standards 2
Under FERPA, which party has the right to access a student's educational records once the student turns 18?