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Recordkeeping, Ethics and Law

Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World

  • Book
  • © 2006

Overview

Editors:
  1. Livia Iacovino

    1. Monash University, Melbourne, Australia

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  • An innovative incorporation of disciplinary perspectives from law, ethics and archival science
  • A proposed universal Internet regulatory model for recordkeeping
  • An analytical tool for identifying recordkeeping legal and ethical rights and responsibilities online
  • A unique approach to property, access, privacy and evidence for online records
  • A model for interdisciplinary research and analysis

Part of the book series: The Archivist's Library (ARLI, volume 4)

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Table of contents (8 chapters)

  1. Front Matter

    Pages 1-27
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  2. The recordkeeping-ethics-law nexus and recordkeeping regulatory models

    Pages 15-31

  3. Identity, trust, evidence and the recordkeeping nexus

    Pages 33-76

  4. Legal and social relationships and the recordkeeping nexus

    Pages 77-107

  5. Recordkeeping participants: legal and ethical responsibilities

    Pages 109-131

  6. Property, privacy, access and evidence as legal and social relationships

    Pages 133-174

  7. Legal and social relationships as regulatory mechanisms

    Pages 175-212

  8. Recordkeeping regulatory models in the web environment

    Pages 213-251

  9. Legal and social relationships: an alternative Internet regulatory model

    Pages 253-300

  10. Back Matter

    Pages 301-339
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Keywords

About this book

Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time, and therefore who controls, has access to, and is responsible for its authenticity. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes the legal and social relationship model as an analytical tool for identifying the rights and obligations of recordkeeping participants in networked ‘business’ transactions within communities of common interest based on trust. The model is also used to examine the legal concepts of property, access, privacy and evidence, with particular reference to its Internet context. As legal relationships have their basis in the law of obligations found in both common and civil law systems, as well as archival science, the model has a broad-based application. The approach in this book has been to reconcile a number of archival traditions - the common strands rather than the differences, in particular concepts of identity, trust, acts, actors, and social relationships - as fundamental concepts to social regulation. It is therefore primarily directed to archives and records academics and practitioners (especially those working within the realm of electronic records), in order to provide them with a sound theoretical and practical knowledge of the legal and ethical dimensions of records created in distributed environments.

Reviews

"... substantial book for the advanced practitioner, PhD student, teacher or scholar and related disciplines, particularly law." -  M Todd, Records Management Journal, 17 (2), 2007

"Iacovino is a notable recordkeeping academic and this book is a testimony to the depth of her expertise in the recordkeeping-ethics-law nexus and the rigour of her academic research."  - Archives and Manuscripts, 35 (2) Nov. 2007, p. 130

Editors and Affiliations

  • Monash University, Melbourne, Australia

    Livia Iacovino

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