Archival Law Research Articles

Mudanças na Política Nacional de Arquivos

Law 8.159, of January 8, 1991, which provides for the national policy of public and private archives in Brazil (Archives Law) is being revised, through Bill 2.789/2021. More contemporary perspectives on public policy allow us to identify public policy as a response to public problems, solutions that can come from the State or from other political spheres. Among the approaches to public policy analysis that permeate this conception, we highlight the Advocacy Coalition Model and What's the problem represented to be. The objective of this work is to understand the context of the amendments to the Archives Law, with the specific objectives of identifying the public problem that the Bill proposes to solve, as well as identifying evidence of defense coalitions among the political actors involved. The research has a qualitative, exploratory nature, with documentary procedures, supported by public policy analysis approaches. The results show evidence of two defense coalitions in the observed context, with divergences between the conceptions of public problem between them. It concludes with the need to expand the documentary corpus studied, as well as other data sources that allow to account for categories that could not be explored to the satisfaction.

Arrangements for Archive Depreciation to Improve Regional Government Performance in Perspective Legislation in Indonesia

The aim of this research is to determine and analyze the arrangements for archival depreciation in order to improve the performance of local governments from a legislative perspective in Indonesia. This research uses normative juridical research methods. In this research, two research approaches were used, namely the statutory approach and the conceptual approach. The results of this research are Article 27 of Law Number 43 of 2009 concerning Archives and Article 12 of Government Regulation Number 28 of 2012 concerning Implementation of Law Number 43 of 2009 concerning Archives regulating procedures for depreciation of archives. However, there are differences between the two articles in terms of archive depreciation criteria. Article 27 of the Archives Law regulates that depreciation of archives is carried out based on the archive's use value. The use value of archives is the benefit obtained from archives for organizations or society. Meanwhile, Article 12 PP Archives regulates that archive depreciation is carried out based on the archive's use value and organizational needs. Organizational needs are the organization's need to use archives in carrying out its duties and functions. These differences in archive depreciation criteria can cause confusion and uncertainty for local governments in carrying out archive depreciation. Regional governments do not know which laws and regulations must be complied with in carrying out archive depreciation.

Law as Mnemonic Infrastructure: Archival Legal Discourses and Memory Battles in Romania

This article examines law as mnemonic infrastructure, tracing how archival laws and policies in Romania shape the construction of its collective memory of communism and fascism. The four layers analyzed here—archival institutions, norms, processes, and practices—help produce a memory regime characterized by nationalism, the securitization of historical memory, and a selectively amnesic collective memory. Focusing on law as mnemonic infrastructure highlights indirect and structural pathways in the construction of memory regimes, with distinctive, if not always obvious, knowledge and truth effects that help clarify the role of law in promoting or undermining hegemonic memory regimes.

Sprawa archiwów wyodrębnionych w tezach i projekcie ustawy o archiwach i materiałach archiwalnych z lat 1970–1971 – pierwsze starcie kompetencyjne Archiwów Państwowych z Ministerstwem Spraw Wewnętrznych

In Poland, on the basis of archival law, some of the archives belong to the state network, but at the same time are beyond the supervision and control of the State Archives. These are the so-called separated archives in the Polish archival network. They were created after World War II and their existence is related to the communist system, when some ministries (especially the Ministry of Public Security, and then the Ministry of Internal Affairs) in the realities of the Polish People's Republic constituted a kind of state within the state. After the collapse of the communist rule, these archives not only were not subject to the control of the chief director of state archives, but their number was also expanded. Polish archivists realized the dysfunctionality of this situation. In the years 1970–1971, still in the reality of the Marxist dictatorship, the State Archives made the first attempt to gain control over the documents stored in the separated archives in the Polish archival network during the work on the new Act on National Archive Resources and Archives. This sparked a clash with the Ministry of Internal Affairs, which eventually blocked these activities. Based on the documents of the Ministry of Internal Affairs and scientific literature, the author presents the course of this clash, which took place under the guise of consulting theses and the draft of a new archival law.

TRENDS IN THE DEVELOPMENT OF ARCHIVE LEGISLATION IN CHINA

The system of archival laws and regulations of China is a single set of archival laws, archival administrative laws and regulations, local archival laws and regulations, archive administrative regulations of departments under the State Council, and local archival administrative regulations, all of which are interconnected and coordinated with each other, and the core is the "Law on Archives". The creation of a system of normative documents on archival affairs and rules contributes to an increase in the level of planning, science and foresight of archival laws, rules and amendments, and is also of great importance for promoting a unified archival legislation and ensuring a comprehensive, coordinated and sustainable development of the archival industry. This paper focuses on two aspects of electronic document management rule construction: examining the current situation and exploring strategic directions. This paper focuses on putting forward a series of principles and suggestions for the construction of China's electronic document management rules in the new environment by analyzing the drawbacks of China's electronic document management rule construction, pointing out that the construction of China's electronic document management rules should strengthen the validity of electronic documents, fill gaps in existing rules, strengthen the coordination among rules, strengthen the construction of electronic document management standards In addition, attention should be paid to the research and publicity of electronic document management rules, and study the successful legislative experience of developed countries, in order to promote the construction of electronic document management rules in China. Key words: regulatory documents, archives, legislative bases, China, law.

Implementation of Notary Protocol Storage (Study in West Lombok Regency)

The purpose of this study is to know and analyze the procedure of storing notary protocol in the notary office of West Lombok District, the function of the Regional Supervisory Assembly in the storage of notary protocols in West Lombok District and the relevance of the documentation process and correlation of UUJN and Archival Law. The types of research used are empirical legal research, legal approach methods, conceptual approaches and sociological approaches, with research locations in West Lombok Regency. Based on the study results: the procedure of storing notary protocol in the notary office of West Lombok Regency is if in a condition of leave, become a state official or can not carry out the task, carried out by appointment to a substitute notary or notary appointed. Second, for notaries who die or notary protocol has been 25 (twenty-five) years or older, MPD appoints a Notary Public who will act as the temporary holder of notary protocol. The function of the Regional Supervisory Assembly in the storage of notary protocols in the west Lombok Regency is to have a general function and a special function. Keywords: Notary, Notary Protocol, Archival, Storage DOI: 10.7176/JLPG/112-08 Publication date: August 31 st 2021

Early LSD treatment in Denmark from 1960 to 1974: An analysis of possible and long-lasting changes in the adult personality following psychedelic treatment. A historical retrospective cohort study.

In view of the renewed interest in psychedelics in psychiatry it is timely to analyze psychedelic treatment in historical cohorts. Recently the therapeutic efficacy of psychedelics has been linked to the so-called phenomenon of “connectedness.” The aim of the present study was to explore whether long-lasting personality changes were observed in any of the 151 Danish psychiatric patients who were treated with Lysergic acid diethylamide (LSD) from 1960 to 1974.The exploration included a reanalysis of a subgroup as well from a 1964 Danish historical cohort. Medical records and other case materials of the above mentioned 151 patients are kept in the Danish State Archives. The present author was granted access to the LSD case materials in the Danish State Archives, and respected confidentiality per the Archives Law. According to the LSD Damages Law from 1986, they all received financial compensation for LSD-inflicted harm.Analysis did not reveal any personality changes such as “connectedness;” however, other lasting personality changes were observed in 2 to 4 patients and in quite a few patients unwanted effects persisted for weeks or months following acute treatment. In the present analysis of the 1964 cohort, the same percentage of patients improved with LSD treatment as in the historical analysis. In the latter, however, little attention was given to side effects, such as suicide attempts, suicides, and one homicide.Future psychedelic research with psychiatric patients should respect the potential toxicity of LSD and other psychedelics and meticulously monitor possible side effects.

Design of a Business Roadmap to improve the document management processes of the Turbo Antioquia district mobility secretary through Cloud Computing

The development context of the project is focused on making a Roadmap which establishes the ideal route to improve the document management processes of the Turbo Antioquia district mobility secretary, using Cloud Computing services.
 The entity's problems are mainly due to the failures presented in the document and files management processes since it does not accomplish with the parameters of the Archives Law issued by the Ministry of ICT.
 The methodology used in this study corresponds to descriptive applied research. To carry out the Roadmap, ten steps were taken into account, one of them was to know the current state of the document and file management processes (AS-IS), determine the desired or future states (TO-BE) through of activities aimed at closing the gaps, such as training administrative personnel or those in the area of document and archive management processes, taking into account the guidelines of the national government through the Ministry of ICT and international standards. Implement an information security system for the protection of information in the management of procedures.
 The result of this project is to carry out the design of the Roadmap, outlining the established guidelines to meet the indicators that allow closing the gaps with the aim of improving the processes of the document management of the Mobility Secretary of the Turbo Antioquia District.
 To achieve the results of this research, the business architecture approach was used through the design of a road map, whose in-depth analysis allows knowing the current state (AS-IS) of the entity's capabilities and processes, in the document management area. This linked to a set of strategies or particular activities in time for each problem presented with the objective of closing the gaps, as a method of solution to each problem presented. The proposed solution is known as the future state (TO-BE), where solutions are presented to the problems found in the document management processes. The main conclusion of the work was that the use of Cloud Computing in the document management process was found as a fundamental element of the new disruptive trends in IT management processes.

The role of records management in ensuring good governance in Africa

Proper records management is central to the promotion of good governance. Africa is a continent which has generally been riddled with poor governance. Principles of good governance such as accountability, transparency and the rule of law are ascertained with available records. Poor records management practices promote bad economic practices such as corruption and fraud. An assessment of the performance of government can thus be realised through proper records management and access to information. Good records management practices therefore lead to good governance and vice versa; thus, the role of records management in promoting good governance cannot be overemphasised. However, there are some likely impediments that may hinder the promotion of good governance through records management in the African context. This paper explored the role played by records management in ensuring good governance in Africa. It then suggests strategies to promote good governance through proper records management practices. The paper contends that outdated archival laws, backlog of unprocessed records and absence of access to information laws in some African countries are the major impediments to the promotion of good governance. The paper recommends an amendment of outdated laws and the promulgation of access to information legislation as major initiatives, among others, which put records management in the forefront of promoting good governance in the continent.

Los procesos de gestión de documentos en la Ley General de Archivos de México: análisis de contenido desde una perspectiva cuantitativa

Se analizan las referencias sobre procesos de creación, captura y gestión de documentos en la Ley General de Archivos (LGA) de México mediante una metodología cuantitativa de análisis de contenido, la cual permite valorar, tanto de forma absoluta como ponderada, la presencia de seis grandes categorías de procesos en la LGA: Valoración y disposición; Conservación y preservación; Organización y descripción; Acceso y transparencia; Difusión, y, por último, Producción y seguimiento de documentos; así como el enfoque bajo el que es tratada cada una de las categorías (actividades, agentes o elementos). Mediante la metodología apuntada, se han identificado 347 referencias sobre las categorías señaladas, con un valor ponderado global de 301 puntos, la mayoría de los cuales corresponden a las categorías de Valoración y disposición (29.40 %); Conservación y preservación (26.58 %); Organización y descripción (18.44 %), y Acceso y transparencia (15.94 %); mientras que las dos categorías restantes presentan valores inferiores a 6 %. El análisis de los resultados permite concluir que en la LGA se conjugan procesos archivísticos tradicionales con procesos más novedosos, como trazabilidad, interoperabilidad, seguridad de información o gestión de metadatos.

In active filing management for preparation of use from legal aspects in general hospital Dr. H. Soewondo Kendal 2020

Management of inactive medical record document storage in accordance with the provisions of the Archival Law number 43 of 2009 Article 48 is an active archive that is stored for 2 years and the archive is inactive for 5 years, destruction of files outside of the procedure is an inappropriate act. Inactive medical record document sorting for general disease groups in dr. H. Soewondo Kendal experienced a file loss of 4.41%, the default file was miss 0%. This study aims to analyze the management of inactive medical record documents for the preparation of legal use values. This type of research is qualitative research with a cross-sectional approach through observation and interviews. The results showed that the arrangement of inactive medical record documents was grouped by type of disease according to the archive retention schedule so that they could be easily and quickly tracked and retrieved. While the archive retention schedule per disease group is to determine the length of storage so that the standard procedure for organizing medical record documents that are not actively reviewed is legally useful. Management of inactive medical record documents needs to be supported by resources in the form of standard structuring procedures in addition to archive retention schedules. This procedure should be set forth in the input, process and output standards as a guideline for filing officers. Technical guidance is needed so that the archivist's understanding of inactive file management is uniform, so as to reduce the incidence of misfiles.

On the Internationalisation and Harmonisation of Archival Law

Archival laws exist in most countries, with some similarities due to a common professional basis. Over several decades, regional and global laws have evolved in different fields imposing requirements, or expectations, for reliable and accessible archives. Merely a few attempts have been made to harmonise archival law in the sense of pursuing a goal of rule similarity. Still, there seems to be an increase of areas where international law or regional harmonisation of laws presupposes archival law with a capacity to safeguard creation and preservation of reliable archives, documenting government activities. Even without manifest goals of harmonising archival law into uniform rules, the broad range of emerging requirements on reliable archives may lead to some form of approximation of archival law. Following a broad account of developments in this field, Sections 2 through 4, there is a discussion of advantages and disadvantages of stronger or weaker modes of harmonisation. Strong harmonisation could perhaps more convincingly safeguard the reliability of archives, at the cost of a possible lock-in of the scope of archival law. Weaker forms of harmonisation yield more differentiated archival laws. On the other hand, weak harmonisation may be more adaptive to developments in adjacent fields.

Archiving federally, writing regionally: archival practices and princely state histories in postcolonial India

ABSTRACT This article examines the paucity of pre-1947 Indian princely state records, especially those regarding their federalist advocacies from the 1920s through 1940s, in the various provincial archives in postcolonial India. Why is it that archives in Delhi and London have the majority of records pertaining to the federalist advocacies of the princely states, rather than the archives in provincial states that were constituted by the merger of princely states themselves? The absence of princely state federalist records reveals a surprising indifference to the preservation of historical records in various state archives. Indian archival laws pertain to public records alone, leaving out responsibility for the acquisition and preservation of historical records. Consequently, in India, the phrase “archival records” has come to mean public records more than 30 years old; there is no clarity as to what “historical records” are, nor guidance on how they should be preserved. Indian archival laws maintain a colonial understanding of the archive, wherein the function of the archive is to tame history in service of the state rather than preserve history outright. Taming the nation’s history in state archives silences the multiplicity of voices about Indian federation and presents particular difficulties when writing regional histories.

Ustawowe podstawy działania archiwów niemieckich. Federalne i krajowe ustawy archiwalne

Statutory grounds for the activity of German archives. Federal and national laws on archives Laws on archives lay down the purposes and tasks of archives. Modern archival legislation began to develop as early as at the time of the French Revolution. According to Elanie Goh, the development of archives and the enactment of archival law was either revolutionary or evolutionary. The federal political system of Germany is also reflected in its law on archives, in the organisation of archives, in record management and in its archival fonds. This results, for example, from the variety of archive traditions and from the past political systems in Germany, which is why the country archival legislation relies on both enactment trends. Up until the 1980s, the issue of archival fonds and archives in the Federal Republic of Germany, a democratic state, was not regulated by laws on archives (Archivgesetze) but by other regulations instead, usually administrative orders. This changed due to personal data protection and confidentiality legislation. The first domestic law on archives was adopted by Baden-Württemberg in 1987, and the federal act (Bundesarchivgesetz) was signed in January 1988. By 1997, all the states received archival legislation, which was either amended or re-enacted over the next two decades. A new federal law on archives was announced in 2017. German laws on archives are concise documents that address the main aspects of archival fonds, record management (also for electronic records) and archive organisation. Being so laconic, the legislation does not require vast modifications during the creation of other laws that influence archives (for example, personal data protection laws).

Glosa do postanowienia Wojewódzkiego Sądu Administracyjnego w Białymstoku z dnia 28 czerwca 2019 r. (II SAB/Bk 43/19, LEX nr 2686855)

<p>The decision of the Voivodeship Administrative Court in Białystok concerns the rules for handling the documentation of court cases, which, after a certain period of time, the court archive no longer has to be kept by the court. If such documentation does not have the status of archival material, it is allocated to waste paper (i.e. to be destroyed). The problem which the ruling concerns is the question of whether the files of court cases to be destroyed can be handled differently, in particular whether they can be sold to one of the parties to the court proceedings. The authors consider the above issue through the prism of binding regulations in the field of archival law.</p>

The concept of archival materials in Polish law

Definition of archival materials is one of the basic concepts of the Polish archival law, which precisely defines what kind of documentation should be kept eternally - for the good of the nation and its cultural heritage.

Significance and preservation of private archives in Slovenia

In all European countries there are both public and private archives, public and private archival records. Which archives are public and which are private is determined individually by country itself. In Slovenia we distinguish three periods in which private archives had completely different meaning. In the first period until 1945, private archival records were the only wealth of the first archival institutions. In the second period from the end of the Second World War to Slovene independence, archival legislation and law was created. With public property private archives had only a negligible role. In the third period, after 1991 and the independence of Slovenia, the introduction of parliamentary democracy and the market economy, the new state and social order also brought a new attitude towards private property and, accordingly, archival law. But the current legislation in no way follows the new realities and needs. In the course of modern privatization processes, it will be necessary to reconsider, re-define and appropriately protect private archival records.

Legislative Regulations on Establishing Private and Special Archives in Bosnia and Herzegovina

The issue of establishment and operation of private and special archives is not adequately regulated in archival legislation of Bosnia and Herzegovina. Namely, this issue is only superficially defined in some of the archival laws of Bosnia and Herzegovina, while in some it has not even been mentioned. In addition, subordinate legislation that is crucial in defining the procedure of establishment, jurisdiction of private archives, relation to parent archives, responsibilities, are not defined at all. Also, in the part of the establishment and operation of special archives no subordinate legislation was passed, which would define in more detail the conditions, procedures and the procedure of establishment, and should also be defined by subordinate regulations in that part. Therefore, this paper aims to carry out an analysis of the existing regulations and to initiate the solving of this issue by providing archival archives and archival experts with appropriate, expert legal solutions and subordinate regulations and instructions to competent institutions to make it available in the forthcoming period were given.

Hacia la Institucionalidad del Sistema Estatal de Archivos

En el presente documento se sintetiza,el estado del arte del resguardo que hasta nuestros dias se ha realizado en México de los archivos. Tomando en consideración la Declaración Universal sobre los Archivos y la forma de estado adoptada en nuestaCarta Magna (república,democrática,laica y federal) mediante una Ley General se pretende homologar las legislaciones en materia de archivos de 32 entidades federativas EF. Para Sonora, y replicable en las restantes EF se propone la institucionalidad que se concreta a través de la gestión pública que ( Uvalle Berrones:2007,4) es el modo de actuar, decidir, articular capacidades, planes y estrategias para lograr una exitosa gestión de las políticas públicas.En síntesis, el gran reto es confeccionar una Ley Local de Archivos que además de alcanzar una adecuada armonización con lo preceptuado por la Ley General, establezca condiciones para su cumplimiento.

A diez años de la creación del Sistema Nacional de Archivos en Uruguay: Análisis de la Ley 18.220

A diez anos de la promulgacion de la Ley 18220 “Sistema Nacional de Archivos” (2007), conocida tambien como “Ley Nacional de Archivos”, el autor propone resaltar sus postulados, su vigencia, y reflexionar sobre sus principales disposiciones. Esta norma juridica, producto de una sinergia entre Poderes Publicos, Universidad y Sociedad Civil, colmo un vacio legal que completa y articula una trilogia normativa junto a las leyes de proteccion de datos personales y de acceso a la informacion publica.