Restrictions and privacy issues in Schlesinger collections
Certificates of gift offer donors the opportunity to restrict access to specific kinds of materials for a specified time (or to restrict all access to those who receive written permission from the donor, etc.). Collections we purchase may or may not arrive with a similar statement on restriction. In any case, the kinds of collections the Schlesinger Library collects often contain materials with sensitive or confidential information that has not been identified by donors. It is the job of the archivist to be aware of legal and ethical issues surrounding privacy, and to balance those issues with our main goal, which is to make archival collections accessible for researchers. We should use our knowledge of the context surrounding a particular collection and our professional judgment to assess the research value of a collection (or documents within a collection) and the privacy risks of any sensitive or confidential information within it. We impose restrictions only in circumstances in which we have determined that a serious risk to privacy exists.
We always wish to err on the side of access, yet we must also take into account the time-consuming nature of screening material for privacy restrictions, especially in the current “MPLP” environment. For example, redacting social security numbers on documents is preferable to closing the documents until the presumed death of the individuals, but is also extremely time-consuming. Such time-consuming work should only be undertaken (and should preferably be done by students) when the documents themselves have a large or compelling research value. For example, letters sent to Ms. were redacted of personal information, as the content of the letters has high research value. Other collections of material may utilize special permission forms in which researchers agree to not contact or publish names of correspondents. Each collection is different, with different kinds of sensitive material and different levels of research value, and the archivist must use his or her judgment to determine how to handle sensitive materials. Archivists should also keep in mind the possibility of future digitization (including user-driven) when making decisions on what/how to restrict sensitive material.
Archivists should be aware of donor wishes and any potential types of sensitive material while they are performing the survey of the collection. While individual documents may be found during processing that require further conversation or restriction, archivists should try to identify most potentially sensitive material before processing begins, and should discuss potential restriction choices with the team leader and the donor (where appropriate). Locating and addressing sensitive materials and potential restrictions is one of the main reasons we perform a survey and write a processing plan.
Since 2012, the Library has instituted an Access Review Panel process to assist archivists with questions regarding restrictions. If you encounter material that you believe needs to be restricted (usually due to 3rd person privacy concerns), discuss the matter with your team leader. Any material that an archivist wishes to restrict BEYOND what is specified in the deed of gift needs to be brought before the Access Review Panel for discussion and review. The Access Review Panel consists of the Executive Director, Head of Technical Services, Manuscript Curator, Head of Public Services, the archivists and the team leader. Team leaders should contact the Executive Director to convene a Panel. Archivists should distribute copies of relevant documents (if available) and/or a presentation of the issues to the panel members before the meeting.
Redacting for social security numbers or similar information can occur without involving the Access Review Panel.