1. Collection Policies and Cultural Heritage
What? Why? Who? How?
It is hoped that this presentation will have some useful content for everyone, even those organisations which already have Collections Policies.
I thought that it would be useful for each group to think about what they are doing by way of collecting activity, as we work together towards developing a heritage strategy for the Outer Hebrides.
Collections are central to preserving the islands’ heritage, whether these are artefacts, community archives or oral history. Thinking about what you hold, what you collect and why, and how this all fits into the bigger picture, could be one element of the heritage strategy.
Seonaid McDonald, Archivist
Comhairle nan Eilean Siar

2. Background: Problems with current situation
Not every organisation which holds cultural collections has a collections development policy
Policies may exist but not always adhered to?
Policies not easily accessible
Resources possibly being used on collections not particularly relevant to group’s purpose
Breaches of legislation
These are some problems which I have picked up on, based on my observations as someone coming in with a fresh perspective.
The word ‘problems’ is not meant to put the work the Comainn Eachdraidh and other heritage groups have been doing in a negative light.
The intention is that by highlighting these issues, and thinking about how they can be tackled, the collections the community groups care for, and the value they add, can be brought more to the fore.

3. What is a Collection Policy?
A statement of intent – what you plan to set out to do in the field of collecting
Explains how collecting activity fits with your organisation’s overall purpose
Demonstrates awareness of all aspects of collecting (and disposal)
Must be formally approved by your governing body to give it authority
Definition of a Policy (bullet points self explanatory)

4. What should a Collection Policy contain?
Museum must have an approved policy for developing collections. The policy must include:
2.2.1 the statement of purpose an overview of current collections themes and priorities for future collecting themes and priorities for rationalisation and disposal information about the legal and ethical framework for acquisition and disposal of items.
(Museum Accreditation standard, October 2011)
What a Collection Policy should contain according to the Museum Accreditation Standard Guidance (see Collections Trust website)
Museum which have accreditation, or who are in the process of applying for it, will already be familiar with this guidance.
If your group is not an accredited museum, it is still well worthwhile looking at the guidance, as it encapsulates best practice in terms of collections care. There is lots of useful advice in terms of caring for collections.

5. Contents of Collection Policy (contd.)
Scope of collecting
Priorities and collections gaps
Limitations on collecting
How, when, why and by which mechanisms archives are transferred to the archive service
Questions of collection status i.e. ownership status, any transfer of intellectual property rights and access restrictions
(Archive Service Accreditation Scheme Guidance 2017)
This is the advice on what a Collection Policy should contain from the Archive Service Accreditation Scheme Guidance.
It is similar to the Museum Scheme.
Note ‘Limitations’ on collecting – it can be useful to think about what you DON’T want to collect, as well as what you do want.
‘ Collections gaps’ – you may decide to review your collections and analyse aspects of your community’s history which are ‘missing’ from them. You could then make that a collecting priority.
The 4th bullet point is really aimed at an archive service which is part of a bigger organisation and is responsible for collecting the archives of that body (e.g. Tasglann is the Comhairle’s archive service and therefore part of my remit is defining how archives pass from Comhairle departments to archive and how that should be organised etc.)

6. Why create a Collection Policy?
1) Responsibilities to future generations 2) Ethical considerations 3) Legal considerations 4) Benefits
I have suggested four reasons for creating a Collection Policy (also sometimes known as a Collections Development Policy)

7. Why have a Collection Policy? 1) Responsibility of care
'Museums enable people to explore collections for inspiration, learning and enjoyment. They are institutions that collect, safeguard and make accessible artefacts and specimens, which they hold in trust for society.’ (Museums Association definition of a museum)
1 – Responsibilities towards collections
As museums hold their collections in trust for society there is a responsibility to care for them adequately

8. Why have a Collection Policy? Responsibilities (contd.)
Responsibility to care for and provide access to your collections in perpetuity;
Archives and heritage collections need to be preserved permanently for their evidential value;
Collections should therefore not be accepted lightly without due consideration as they confer long-term responsibility on your organisation
Museums have a responsibility to care for collections for the long term so that future generations who come after us are able to access them for research and are able to understand their heritage
Therefore it is important you don’t accept collections lightly and not to take in material you can’t care for in the long term.
Having a written policy as to what you are collecting is one way to ensure you collect in a thoughtful and planned way.

9. Why have a Collection Policy? 2) Ethical aspects
Museums and those who work in and with them should:
maintain and develop collections for current and future generations
acquire, care for, exhibit and loan collections with transparency and competency in order to generate knowledge and engage the public with collections
treat museum collections as cultural, scientific or historic assets, not financial assets
(Museums Association Code of Ethics)
Ethical aspects of collecting
These statements are taken from the Museums Association Code of Ethics as it relates to the Stewardship of Collections
There is a reference to acquiring collections with transparency and competency (i.e. have a written collections policy?)
Also a statement that museum collections should be regarded as cultural and historic assets and not financial assets.

10. Why have a Collection Policy? Ethics of collecting (contd.)
All those who work in and with museums should:
Collect according to detailed, published and regularly reviewed policies that state clearly what, how and why the museum collects. 
Conduct due diligence to verify the ownership of any item prior to purchase or loan, and that the current holder is legitimately able to transfer title or to lend. Apply the same strict criteria to gifts and bequests
(Museums Association Code of Ethics)
Code of Ethics (contd.)
Explicit reference to collections policies
You should be checking that whoever is offering collections is legitimately able to transfer them to your group
….this leads us on to legal considerations in terms of collecting

11. Why have a Collection Policy? 3) Legal considerations
Ownership: Are you entitled to collect it?
Must ensure donor has a legal title to material on offer - e.g. any record created by a public body in Western Isles (such as school records) is defined as a public record under the Public Records (Scotland) Act and belongs to Comhairle, not to any individual. Therefore, should be deposited with Tasglann nan Eilean (CnES archive service)
Similarly the records of businesses, hospitals etc. belong to the organisation that created them, not individuals, so you should not accept unless donor has authority to give them
An important question to ask: is the person who is giving the material to your group legally entitled to do so? I have given the example here of school records. These belong to the Comhairle, and not to individuals, as they are classed as public records and should therefore be deposited with Tasglann nan Eilean.
I am aware that there are good reasons as to why this hasn’t happened in the past, as the Comhairle didn’t have an archive service, and did not seem to be aware of, or care about, many of its historical records. Therefore, if it hadn’t been for the Comainn Eachdraidh, many of these would not have survived. However going forward, as there is now a Comhairle archive service, this should no longer happen.
Similarly, the records of organisations like businesses or hospitals don’t belong to individuals. So you need to check with the appropriate person in the organisation before accepting them.

12. Legal considerations (contd.): Data privacy
You need to be aware of provisions of the Data Protection Act 1998 if you are taking in any collections which contain personal data
General Data Protection Regulation (GDPR) comes into effect 25 May 2018; replaces DPA and more stringent (e.g. fines for non compliance)
Another legal consideration is Data Protection.
I am aware this can cause problems for the Comainn Eachdraidh and for volunteer run heritage groups.
I am sorry to be the bearer of bad news, but it is about to get worse as the Data Protection Act 1998 is to be replaced with GDPR this year.

13. Legal considerations: Data protection (contd.)
If your collection contains personal information which relates to living people who can be identified your organisation has a responsibility to ensure this data is stored securely and has restricted access;
You will need written procedures which show you have taken account of Data Protection requirements and implement them - e.g. closure period noted in the entry records and catalogue;
Staff and volunteer training should include Data Protection.
Bullet points self explanatory.
There is probably a need for some more detailed DP training to look at the various ways it could affect the Comainn Eachdraidh and other groups.

14. Legal considerations: Copyright
Physical ownership of does not equate to ownership of copyright
Person donating collections does not necessarily own the copyright in it
If donor does own the copyright, ensure the transfer paperwork makes clear whether the copyright is being gifted as well as items themselves
If copyright not being gifted try to get them to sign an agreement stating what you can and can’t do
If you don’t own the copyright you’re not entitled to freely distribute or copy the material
Copyright issues to be aware of – bullet points self explanatory
Having procedures in place is key to this

15. Why have a Collection Policy? 4. Benefits
Defined collecting activity means you can focus your resources on collections that are central to your organisation’s purpose;
Resource not wasted on caring for, storing and cataloguing material that is irrelevant to your organisation’s remit;
Enables you to politely say ‘No’ if material offered which is inappropriate;
Enables you to clearly define your organisation’s role and what makes it distinct;
Moving on to more positive reasons to have a Collection Policy…
Bullet points self explanatory

16. Why have a Collection Policy? Benefits (contd.)
Enables you to make best use of local expertise – e.g. spend time on collections description or interpretation where local knowledge really adds value;
Enables reappraisal and ethical disposal to take place;
Enables information sharing - users/ visitors have clearer idea of what type of sources/ information can be found where
Bullet points self explanatory

17. Why have a Collection Policy? Benefits (contd.)
Enables you to demonstrate to potential funders that your organisation:
has a distinctive role in preserving heritage of the Outer Hebrides;
has thought about all aspects of collections acquisition (preservation, ethical, legal etc.);
is aware of and adhering to recognised best practice – e.g. accreditation guidance;
Fits in with strategic approach.
Bullet points self explanatory

18. Who should have a Collection Policy?
Any group which currently holds cultural collections
Any group which intends to start collecting cultural material (archives, artefacts etc)
Any organisation planning to go for accreditation If you already have one:
Don’t forget you should build in regular review of your policy: does yours need a refresh?
Bullet points self explanatory

19. Who might be interested in your Collection Policy?
Potential funders/ grant-giving bodies
Quality scheme appraisers (e.g. Accreditation)
Researchers
Potential users of the material
Potential donors
New heritage organisations
National bodies with strategic remit
Your own group – when volunteers or staff change, it is useful to have written policies to refer to
Bullet points self explanatory

20. How does it all fit with Great Place Scheme and OH Strategy?
Collections Policies will contribute to development of the Heritage Strategy as they:
Identify the part your organisation plays in preserving cultural heritage;
Provide a clear and specific remit for your organisation;
Encourage co-operation;
Make duplication of effort less likely
Bullet points self explanatory

21. Questions to address when creating Collections Policy
Define your group’s purpose and area of interest
What will a visitor or user get from us that they won’t find anywhere else? (Locality? Particular field of expertise or collection type?)
How do you implement the collecting policy? (e.g. Do you need a collections committee to consider offers of material?)
Bullet points self explanatory

22. Co-operation (Heritage Network)
How can we collaborate in practice?
Practicalities of sharing collections policies/ co-ordinating the information
Being able to refer potential donors to other organisations
If offered an item which is part of a bigger entity you should try to establish who already holds the rest of it and refer donor to them

23. Sources of help
Collections Trust
Archive Service Accreditation guidance
Heritage Service
I am always happy to try and help: contact me if you have specific questions

24. Sources of help (contd.)
Understanding copyright legislation for users
Data Protection and GDPR – advice for charities/ voluntary groups: