South Sudan National Archives Training UNMISS Information Management Unit, GSS Juba, March 2013 Session 1 International Archival Legislation; A Comparative Review

International Archival Legislation review Is it possible to draw any analogies for South Sudan from a potted review of national archival legislation? How does the South Sudan proposed law address the common themes of other nations archives legislation?

Things to note…. Records management Access Preservation & disposal Chief executive officer of the archives Archives advisory council or body

Australia Archives Act, 1983

Ghana – Public Records and Archives Administration Act, 1997 Ghana – Public Records and Archives Administration Act, 1997

Library and Archives of Canada Act, 2004 Library and Archives of Canada Act, 2004 Establishment of Advisory Council 6. The Minister may establish an Advisory Council to advise the Librarian and Archivist with regard to making the documentary heritage known to Canadians and to anyone with an interest in Canada and facilitating access to it. Establishment of Advisory Council 6. The Minister may establish an Advisory Council to advise the Librarian and Archivist with regard to making the documentary heritage known to Canadians and to anyone with an interest in Canada and facilitating access to it. Sampling from Internet (2) In exercising the powers referred to in paragraph (1)(a) and for the purpose of preservation, the Librarian and Archivist may take, at the times and in the manner that he or she considers appropriate, a representative sample of the documentary material of interest to Canada that is accessible to the public without restriction through the Internet or any similar medium. Sampling from Internet (2) In exercising the powers referred to in paragraph (1)(a) and for the purpose of preservation, the Librarian and Archivist may take, at the times and in the manner that he or she considers appropriate, a representative sample of the documentary material of interest to Canada that is accessible to the public without restriction through the Internet or any similar medium.

Public Records Act of India, 1993 Public Records Act of India, The Director General shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.

Our Vision - To help in spreading a feeling of national pride in our documentary cultural heritage and ensuring its preservation for the posterity. Our Mission - To encourage the scientific Management, Administration and Conservation of records all over the country. - To foster close relations between archivists and archival institutions both at the national and international levels. - To encourage greater liberalization of access to archival holdings. - To help in developing greater professionalism and a scientific temper among creators, custodians and users of records for proper care and use of our documentary heritage. Our Commitment - Complete dedication and devotion to the welfare and development of Archives and the Archival Profession. NATIONAL ARCHIVES OF INDIA – CITIZEN CHARTER

National Archives Act of Ireland, 1986 National Archives Act of Ireland, 1986

The Law on Archive Material and Archives, Kosovo The Law on Archive Material and Archives, Kosovo. 2003

Offences 8.(1)Subject to section 7, any person who wilfully destroys or otherwise disposes of, defaces, mutilates or damages any public archives shall be guilty of an office. (2)Any person who wilfully destroys or otherwise disposes of any public records, except with, and in accordance with the terms and conditions of, the written consent of the Director shall be guilty of an offence. Offences 8.(1)Subject to section 7, any person who wilfully destroys or otherwise disposes of, defaces, mutilates or damages any public archives shall be guilty of an office. (2)Any person who wilfully destroys or otherwise disposes of any public records, except with, and in accordance with the terms and conditions of, the written consent of the Director shall be guilty of an offence. THE PUBLIC ARCHIVES AND DOCUMENTATION SERVICE ACT, Kenya 1991 (1967) Export of historical records 9.(1)If the Director is satisfied that any record which is in, or was made in, Kenya is of historical value to Kenya, he may, by notice in the Gazette, or by writing under his hand served on the person having the custody of such record, declare such record to be an historical record and prohibit the export thereof except under and in accordance with the terms and conditions of a license issued by the Director. Export of historical records 9.(1)If the Director is satisfied that any record which is in, or was made in, Kenya is of historical value to Kenya, he may, by notice in the Gazette, or by writing under his hand served on the person having the custody of such record, declare such record to be an historical record and prohibit the export thereof except under and in accordance with the terms and conditions of a license issued by the Director.

Public Records Act, 1958 Amended 1967 Public Records Act, 1958 Amended 1967

§ Establishment There shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Administration. The Administration shall be administered under the supervision and direction of the Archivist. National Archives and Records Administration (44 U.S.C. Chapter 21) National Archives and Records Administration (44 U.S.C. Chapter 21) § Preservation, arrangement, duplication, exhibition of records The Archivist shall provide for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microcopy publications), description, and exhibition of records or other documentary material transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides to facilitate their use. He may also prepare guides and other finding aids to Federal records and, when approved by the National Historical Publications and Records Commission, publish such historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense.

National Archives Legislation Review Common elements 1.General definitions and/or terms 2.Governing body, advisory council or oversight board of the national archives 3.Role and functions of the CAO, archivist or director general 4.Public access guarantees and/or restrictions 5.Relationship with records creating bodies of government 6.Charging for services provided to public and researchers 7.Disposal and or preservation provisions for records in archives 8.Historic, national, unique, public qualities of archives Less Common Elements 1.Relationship to other legislation such as ‘freedom of information’, ‘privacy’ or ‘copyright’ (Canada, Kenya & Australia) 2.Combining archives with library functions and responsibilities (Canada) 3.Archives position in government structure (USA) 4.Records management procedures as they relate to archives (South Africa, Scotland & Ireland) 5.Reference to Internet based information/records (Canada) 6.Procedural statement on operations (Ireland) 7.Acquisition of all government publications (Kenya) 8.Electronic records (USA)

FREEDOM OF INFORMATION AND PRIVACY LEGISLATION UK Freedom of Information Act, 2000

Principle 1 - Manner and purpose of collection of personal information Principle 2 - Solicitation of personal information from individual concerned Principle 3 - Solicitation of personal information generally Principle 4 - Storage and security of personal information Principle 5 - Information relating to records kept by record-keeper Principle 6 - Access to records containing personal information Principle 7 - Alteration of records containing personal information Principle 8 - Record-keeper to check accuracy etc. of personal information before use Principle 9 - Personal information to be used only for relevant purposes Principle 10 - Limits on use of personal information Principle 11 - Limits on disclosure of personal information Information Privacy Principles - Australia Privacy Act 1988

ACCESS PROVISIONS TO ARCHIVES AND DECLASSIFCATION ACCESS PROVISIONS TO ARCHIVES AND DECLASSIFCATION Normally guided and informed by national or organisational secrecy provisions which creates many exceptions to public access UNITED NATIONS – archival records generally become publically accessible after 20 years AUSTRALIA – now 20 years (reduced from 30 years) UNITED KINGDOM – 50 years Declassification – the process whereby a closed or sensitive records is vetted / reviewed by the responsible authority to allow public access. Can be triggered earlier by active request from the public through complimentary legislation such as ‘freedom of information’. Declassification or down-grading or sensitivity levels are not always automatic.