CA Archivist Ethical & Legal Standards 3 — Questions and Answers
Question 1: 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?
- Ignore it since the colleague is senior
- Report the behavior to appropriate authorities within or outside the institution (Correct answer)
- Assist the colleague to minimize further damage
- Document the destruction but take no further action
Correct 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.
Question 2: Under the Visual Artists Rights Act (VARA), which right is NOT typically applicable to archival photographic collections?
- Right of attribution
- Right of integrity
- Right of reproduction for commercial gain (Correct answer)
- Right to claim authorship
Correct 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.
Question 3: 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?
- HIPAA Privacy Rule
- State vital records statutes and their time-based restrictions (Correct answer)
- Federal Records Act disclosure rules
- ADA reasonable accommodation standards
Correct 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.
Question 4: Which principle guides an archivist's decision about the appropriate level of description for sensitive records?
- Maximum description always serves users best
- Description should balance user access needs against privacy and confidentiality concerns (Correct answer)
- Sensitive records should not be described at all until restrictions expire
- Description standards apply uniformly regardless of content sensitivity
Correct 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.
Question 5: What is the ethical significance of maintaining 'chain of custody' for archival records?
- It determines the monetary value of the collection
- It documents the unbroken transfer of custody, supporting authenticity and evidential value (Correct answer)
- It establishes copyright ownership of the materials
- It tracks user access history for audit purposes
Correct 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.
Question 6: 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?
- Remove the records immediately and return them to the researcher
- Ignore the claim since the donor transferred title
- Review the deed of gift, assess privacy concerns, and consult legal counsel if needed (Correct answer)
- Seal the records permanently to avoid conflict
Correct 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.
Question 7: Which of the following practices most directly violates the archivist's duty of impartiality?
- Prioritizing digitization of high-use collections
- Selectively retaining records to promote a particular historical narrative (Correct answer)
- Charging fees for reproductions to cover costs
- Restricting access to fragile originals
Correct 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.
CA Archivist Ethical & Legal Standards 3
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?