Archival laws
Archival laws refer to regulations governing access to government and other types of records stored in archives. These laws are significant because they can restrict public access to sensitive information, affecting transparency regarding historical events and governmental actions. Various levels of government, as well as universities and private entities, maintain archives, but access to these records often varies widely. For instance, while some countries, like Sweden, promote openness, others, such as the Vatican, impose strict limitations on public access.
Historically, the practice of maintaining archives dates back to ancient civilizations, such as the Sumerians and Egyptians, who recorded laws and significant events. However, access to these records has frequently been controlled to manage public perception and historical narratives. In modern times, the establishment of laws like the Freedom of Information Act in the United States has shaped the framework for public access to government documents, though numerous exemptions exist. Controversies surrounding archival laws often arise, particularly when government entities resist disclosing information that may be embarrassing or politically sensitive. Ultimately, archival laws play a crucial role in shaping the relationship between governments and citizens regarding historical accountability and transparency.
Archival laws
DEFINITION: Access regulations imposed by governments on stored records
SIGNIFICANCE: By restricting outside access to their archives, governments have been able to conceal information about sensitive, controversial, and embarrassing matters
Government archives are historical records of various events, actions, and policies. Most local, state, and national governments maintain archives, though they vary widely. Other archives are maintained by universities, businesses, organizations, and private individuals.
Nearly all governments restrict access to their records in some way, by offering them to only a select group and by maintaining a certain period of time before a particular set of documents may be accessed. In some places, such as the Vatican, records are almost inaccessible to the general public; other nations, such as Sweden, are relatively open in matters not relating to national security.
History of Archives
The first known attempt to record human history in public records was made by the ancient Sumerians in approximately 3500 BCE. Laws were recorded on large clay tablets. Their preparation, however, was a laborious process. Archives improved significantly under the ancient Egyptians, who around three thousand years later began to maintain information on papyrus. Preserving data on such material was easier and more efficient, and assisted the Egyptians in everyday matters such as tax collection.
The archives of ancient Egypt, which required most matters to be written on papyrus before they became legal, were extensive. Papyrus disintegrated with the years, however, and although some of the archives contained reading rooms, a forerunner of the modern public library, many documents were available only to certain individuals. Historical events were recorded so as to exclude any criticism of the pharaohs. Alexander the Great kept extensive documents concerning the history of his empire, as did the kings of medieval Europe. The records of the kings in the Middle Ages were considered protected under the divine right of kings, and could not be accessed by anyone lacking permission of the monarch. Also, their accuracy has been disputed; the archivists were on the royal payroll and dared not record events that exposed the shortcomings of the king.
In some cases, documents were hidden so that there was no trace of mistakes made by a ruler. Such was the case of the notorious Secret Treaty of Dover. In 1670, Charles II, then king of England, made a pact with Louis XIV saying he would declare his allegiance to the Roman Catholic church and help destroy the Dutch Republic. Charles underestimated the strength of the Dutch, however, and was forced to agree on a peace agreement when he could no longer afford to continue the attack on Holland. Fearing discovery of his failed plans, he asked an influential member of his royal court, a baron named Thomas, to hide the only English copy of the treaty in his home.
Although most of these earlier archives were not available to the average citizen, low rates of literacy made them of little interest to the commoner. The French Revolution established France’s national archives, which gave citizens unprecedented access to public files. Following the French Revolution, much of Europe began to follow more open archival policies, for as literacy and democratic awareness increased, so did public interest in government documents.
In Soviet Russia and the rest of Eastern Europe, a large portion of archives were severely damaged in World War II. During communist rule of Eastern Europe, archives were seen as an official organ of the state. Joseph Stalin ordered various czarist documents destroyed, and the manuscripts of dissident writers and historians were burned. Much of the information contained in the archives under Stalin was falsified. Stalin tried to cover up documents showing that Adolf Hitler was dead, believing that he could convince the people of his nation that the West was hiding Hitler. After the fall of the Soviet Union, public records that had been secret became public; spouses discovered that their spouses were on the payroll of the secret police; historians began writing histories that made use of accurate documents that had been secret.
Control of History
In many cases, regimes have attempted to control history by manipulating its archival files. Very often, if these records are later opened to the public, they can change the way historians interpret the past. Argentina had long kept its archives regarding the resettlement of Nazi war criminals into their nation tightly closed. Throughout the latter part of the twentieth century, Argentine leaders feared outcry both from the people of Argentina and the international community if the real numbers concerning the hiding of Nazis were released. Argentine President Carlos Saul Menem vowed to open the government’s so-called Nazi files in 1991. It was not until strong protest in 1993 over its hesitancy to release the archives, however, that significant documents were made public. Historians, who had earlier thought that several dozen Nazi war criminals had immigrated to Argentina, discovered the number was at least one thousand. The archives also revealed that Martin Bormann, Hitler’s deputy, was thought to have lived for some time in northern Argentina. Historians had previously believed that his body had been found in Berlin.
In some countries, archives relating to foreign trade are kept tightly controlled. In the case of South Africa, a 1985 law restricted the release of any information concerning the importation of oil to South Africa. Strong international outcry over its policies of apartheid, and the trade embargo that followed, forced South Africa to keep secret the names of its suppliers. Considered to be the largest underground trade ever, it greatly distorted the trade figures for other nations. Daily records of ships were no longer made public to protect nations willing to forgo the international sanctions and sell oil to South Africa. It was later revealed that the oil sold in secrecy to South Africa was as much as fifteen million tons per year. In 1989, the government prepared a report concerning the effects of the oil embargo, but it was never released to the public.
U.S. Archival Law
In the United States, a national system of archives took place later than in most of Europe. In 1934, the National Archives Act was passed, allowing for the preservation of key documents to serve the needs both of the government and the public. The Federal Property and Administrative Services Act of 1949 gave the National Archives an expanded role in the management and compilation of government records. This ultimately led to broadening the scope of files maintained, as well as increased efficiency of America’s archival system. In 1966, the Freedom of Information Act (FOIA) was passed to provide greater public access to federal government records. Several types of documents (for example, trade and military secrets, and issues of personal privacy) were exempted, however, and the cooperation of federal agencies has been inconsistent. This is particularly true in that some presidents have been more receptive to legislative efforts to increase government records made public, though most have sought more restrictive information policies. Ronald Reagan, for example, often attempted to widen the various types of exemptions to the Freedom of Information Act as they applied to the executive branch. Presidents and other officials have not wanted information that would embarrass the government released.
Although the National Archives, located in Washington, D.C., is open to the public, researchers must agree to adhere to a strict set of regulations concerning the use of its material. Users must first secure a user identification card. The card is given only to persons over sixteen, with a proper photo identification card, and who are engaging in a specific project that can be reasonably pursued at the National Archives. Anyone taking personal notes with them as they examine the documents are required to provide an explanation of why such notes are needed; any notes brought in are subject to limitations or controls by the National Archives staff. Also, any copies of a previously classified document that does not display the declassifying authority will not be allowed out of the National Archives, although this process can usually be done by a staff member. There are numerous other rules and regulations regarding the use of the National Archives. Most of them, however, are common-sense measures to preserve the documents maintained by the archives.
The Library of Congress also serves as an important archival deposit for Americans. Its vast collection includes over sixty million manuscript items, including the personal papers of numerous early presidents. It also houses what it claims to be the most extensive film and television archive in the world, as well as various important maps, photographs, audio tapes, art prints, and periodicals. In 1992, Librarian of Congress James Billington announced that the public would no longer be allowed to wander through the stacks of books that make up the majority of the library. It is now required that the book be requested by the patron and delivered by a staff member. The library claimed the move was necessary due to increased theft and damage to its holdings.
Controversies in U.S. Archival Law
The Supreme Court has made numerous rulings concerning public access to archives. In Kissinger v. Reporters Committee for Freedom of the Press (1980), various groups and individuals sought to claim that taped conversations of former Secretary of State Henry Kissinger should be available immediately to journalists under the Freedom of Information Act. Kissinger had donated the tapes to the Library of Congress with the stipulation that they were not to be released for a set period of time. The court ruled that the tapes were not the records of an agency, which, under the provisions of the FOIA, would be subject to immediate release, but rather under the aegis of the office of the president, whose records are excluded from FOIA provisions.
In Forsham v. Harris, Secretary of Health, Education, and Welfare (1980), the Supreme Court ruled that data produced by a private organization, even if it is receiving federal funds, is not to be considered agency records under the FOIA. Department of the Air Force v. Rose (1976), was the case that forced the United States Air Force Academy to turn over files relating to the academy’s Academic Honor Board to a group of law students writing a journal article. The information was not initially provided because the academy claimed it would violate the privacy rights of those involved. The Supreme Court denied this, saying it was sufficient privacy to simply omit the specific names of those involved.
Everyday issues in archival law have generated a number of controversies. The Internal Revenue Service (IRS) has long been criticized by scholars, taxpayers, and other officials for its policy of strict secrecy. In 1995, however, John W. Carlin, the archivist of the United States, issued a report saying that the IRS had failed to turn over important documents that were required by law to be turned over to the National Archives. The IRS claimed that privacy was the reason such documents could not be surrendered, since tax returns constitute confidential information. Carlin insisted that the records be given to him within ninety days, however, saying that he had requested information such as commissioners’ files and its annual report, which contain no information about individual tax returns.
Bibliography
Basic Laws and Authorities of the National Archives and Records Administration. Government Printing Office, 1986.
Cox, Richard J. Managing Institutional Archives: Foundational Principles and Practices. Greenwood Press, 1992.
Hernon, Peter. Public Access to Government Information. Ablex Publishing Corporation, 1988.
"NARA Basic Laws and Authorities." U.S. National Archives and Records Administration, www.archives.gov/about/laws. Accessed 20 Oct. 2024.
Peacock, Ian. MacDonald on the Law of Freedom of Information. 3rd ed., Oxford UP, 2016.
Sadofsky, David. Knowledge as Power: Political and Legal Control of Information. Praeger, 1990
United Nations. Freedom of Information. A Compilation. 1950.
Yale, Elizabeth. "The History of Archives: The State of the Discipline." Book History, vol. 18, 2015, p. 332-359. Project MUSE, dx.doi.org/10.1353/bh.2015.0007. Accessed 20 Oct. 2024.