Chapter 6: Determining Access Policies

The goal of an access policy is to protect the records from harm, prevent some information from being disclosed prematurely, and strive to make as much information as possible available to users. An access policy mediates among the competing demands of privacy, confidentiality, public right to know, and equality of access.

Archival Responsibilities Regarding Access

• Understand laws and regulations relevant to information found in records in the repository, especially federal and state laws governing privacy, confidentiality, freedom of information, and regulations regarding security classifications.
• Advise donors and creators about access issues
• Negotiate clear and responsible agreements with donors and agencies
• Know where sensitive information is likely to be found in the collection
• Identify information that cannot be released immediately for public use
• Develop appropriate restrictions for sensitive materials
• Administer restrictions fairly
• Inform users about restricted materials
• Strive to open as much material as possible
• Define policy about access decisions
• Promote equal access wherever possible

It is important that archivists understand some the laws regulating record use. The Freedom of Information Acts (FIOA) were created to ensure that records of government activities are open to all. The statute states that any person has the right to know anything about the operations of the federal government. Exceptions to FIOA include personal privacy and national security. FIOA allows users to request records from the government and the government must respond within a certain time frame.

Another law archivists should be aware of is The Family Educational Rights and Privacy Act of 1974 (FERPA). This law allows students or parents of minor students the right to examine or challenge educational records and prohibits the release of personal information without the permission of the student or parent. FERPA is something all archivist should be familiar with, but especially those working in college or university campuses.

A good access policy should contain: identify the users to be served by the repository, state the type of records held within the repository, state the restrictions on the collections and identify the laws or donor restrictions associated, describe reference services, disclose fees, describe physical access and conditions of user, explain how to use the information, and specify if materials can be loaned.

Access policies are the cornerstones of sound reference service and users should be made aware of the access policy. Archivists strive to provide equal service to all researchers, but the reality is that some records come with restrictions. A good access policy will help clarify these restrictions and allow users to see that a consistent method of service is being applied to all users.