Recordkeeping, Ethics and Law

Preface. Introduction. Intellectual frameworks, interdisciplinary discourses and interrelationships. Recordkeeping, ethical and legal discourses. 1. The recordkeeping-ethics-law nexus and recordkeeping regulatory models 1.1 Law, ethics and regulation. 1.2 Recordkeeping regulatory models. 1.2.1 The warrant and juridical models. 1.2.2 Comparative aspects: the juridical and warrant models as implementation models. 1.3 Implementing regulatory models for recordkeeping regimes in specific organisational contexts. 1.3.1 Regulatory environment. 1.3.2 Categorising and identifying regulatory sources. 1.3.3 Records retention. 2. Identity, trust, evidence and the recordkeeping nexus. 2.1 Identity and trust in communities of common interest. 2.1.1 The nature of community. 2.1.2 Community, identity and value systems. 2.1.3 Communities of common interest. 2.1.4 Communities as boundaries. 2.1.5 Trust and communities of common interest. 2.2 Trustworthy records: diplomatics, Italian archival science and the records continuum model. 2.2.1 A trustworthy record. 2.2.2 Documentary form and trustworthy records in diplomatics and archival science. 2.2.3 Electronic documents and trustworthy records. 2.3 Rules of evidence and trustworthy records. 2.3.1 Documentary evidence within the common law system. 2.4 Record reliability and authenticity and the principles of evidence. 2.4.1 Documentary exceptions to hearsay and record reliability. 2.4.2 The best evidence rule and record integrity. 2.4.3 Evidence legislation and record trustworthiness. 2.4.4 Record as process and evidence law. 3. Legal and social relationships and the recordkeeping nexus. 3.1 Legal and social relationships: jurisprudential and ethical dimensions. 3.1.1 A legal relationship as a jurisprudential concept. 3.1.2 An ethical dimension of a legal relationship. 3.1.3 Trust and social relationships. 3.2 Legal relationships and the law of obligations. 3.2.1 Roman law origin of the law of obligations. 3.2.2 Origin of the law of obligations in common law. 3.2.3 Civil law obligations and its common law counterpart. 3.2.4 Characteristics of a legal relationship. 3.3 Recordkeeping theory and legal relationships. 3.3.1 Diplomatics and archival science: the document as witness to social relationships. 3.3.2 The juridical act as a legal relationship in diplomatics. 3.3.3 Recordkeeping and the jurisprudential concept of a legal relationship. 3.3.4 'Business' transaction as a legal relationship. 3.3.5 The records continuum and the jurisprudential concept of a legal relationship. 3.4 Legal and social relationships and current recordkeeping concepts. 3.4.1 Record as object, process and as a right-duty 'thing' relationship. 4. Recordkeeping participants: legal and ethical responsibilities. 4.1 The act-circumstances-motivation-intentionality in law, ethics and recordkeeping. 4.1.1 The act-circumstances-motivation-intentionality in common law systems. 4.1.2 Moral action and intention: the recordkeeping dimension. 4.2 Moral actors, agents and legal persons. 4.2.1 Legal agents-persons. 4.2.2 Moral agents. 4.3 Legal and moral accountability. 4.3.1 Autonomy and character. 4.3.2 Moral character and moral agency. 4.3.3 Voluntary and involuntary actions. 4.4 Recordkeeping participants: legal persons and moral agents. 4.4.1 Recordkeeping professional responsibilities. 4.4.2 'Business' participants' responsibilities. 4.4.3 Business participants as legal persons and moral agents in recordkeeping processes. 4.5 Recordkeeping research projects: identifying the responsibilities of recordkeeping participants. 4.5.1 InterPARES 1 and recordkeeping responsibilities. 4.5.2 The Monash Recordkeeping Metadata Project: the concept of mandate and recordkeeping responsibilities. 4.6 The records continuum, diplomatics and recordkeeping participants: an extended regulatory model. 4.6.1 'Identity' elements in recordkeeping and related legal rights and duties. 4.6.2 Third parties and legal relationships. 5. Property, privacy, access and evidence as legal and social relationships. 5.1 Property as a legal and social relationship. 5.1.1 Thing as material object and as obligation in property law. 5.1.2 Ownership in common law systems. 5.2 Recordkeeping and property as a legal relationship. 5.2.1 Rights-obligations of recordkeeping participants in personal property law. 5.2.2 Ownership rights in records. 5.3 Access rights as legal and social relationships. 5.3.1 Access as a property relationship. 5.3.2 Copyright and access. 5.3.3 Government obligations and access to public records. 5.4 Privacy and legal and social relationships. 5.4.1 Definitions of privacy. 5.4.2 Recordkeeping principles: conflicts with privacy. 5.4.3 The transaction model and privacy protection. 5.4.4 Statutory and legal remedies for the protection of personal privacy. 5.4.5 Privacy persistence: records/archival legislation. 5.4.6 Other mechanisms of control over privacy. 5.5 Legal relationships and evidence. 5.5.1 Recordkeeping obligations arising from the legal process in common law systems. 6. Legal and social relationships as regulatory mechanisms. 6.1 Categories of legal relationships and their economic, technological and political context. 6.1.1 The source of obligations in common law: voluntary and involuntary obligations. 6.2 The legal and ethical nature of professional, commercial and public relationships. 6.2.1 Professional relationships. 6.2.2 Professional liability. 6.2.3 Commercial relationships. 6.2.4 Public relationships. 6.3 Professional, commercial and government relationships: the economic, technological and political context. 6.3.1 A new form of professionalism. 6.3.2 Economic context: the free market society. 6.3.3 Purchaser-provider model. 6.3.4 Technological context. 6.4 Doctor-patient relationship. 6.4.1 Identity and trust within communities of common interest: the medical context. 6.5 Buyer-seller relationship. 6.5.1 Identity and trust within communities of common interest: the business context. 6.6 Citizen-government (state) relationship. 6.6.1 Identity and trust within communities of common Interest: the government context. 7. Recordkeeping regulatory models in the web environment. 7.1 Regulation of the Internet. 7.1.1 Jurisdiction: legal boundaries. 7.1.2 Convergence of national law. 7.1.3 Recordkeeping and web 'business' transactions. 7.2 Ownership, privacy, access, evidence and recordkeeping on the web. 7.2.1 Ownership and web 'business' transactions. 7.2.2 Intellectual property and web 'business' transactions. 7.2.3 Web access to public records. 7.2.4 Privacy and web 'business' transactions. 7.2.5 Evidence in web 'business' transactions. 8. Legal and social relationships: an alternative Internet regulatory model. 8.1 Internet as community and the relationship model. 8.2 Legal and social relationships online: identity, trust, and authenticity. 8.2.1 Authentication technologies. 8.3 Internet recordkeeping participants: roles and socio-legal relationships. 8.3.1 Participants in Internet regulation. 8.3.2 Recordkeeping participants as moral agents in the web environment. 8.3.3 Recordkeeping participants as legal actors in the web environment. 8.3.4 Proprietary rights of Internet participants. 8.3.5 Privacy rights and obligations of Internet participants. 8.3.6 Evidence for establishing rights and obligations of Internet participants. 8.4 Legal liabilities of Internet participants. 8.4.1 Proof of identity. 8.4.2 Internet service providers: legal obligations. 8.5 Legal and social relationships online: the medical, consumer and government context. 8.5.1 The doctor-patient relationship online. 8.5.2 Communities of interest trust model: medical community. 8.5.3 Recordkeeping person metadata requirements: doctor-patient online. 8.5.4 The buyer-seller relationship online. 8.5.5 Community of interest trust model: commercial community. 8.5.6 Recordkeeping person metadata requirements: buyer-seller online. 8.5.7 The citizen-government (state) relationship online. 8.5.8 Communities of interest trust model: public sector community. 8.5.9 Recordkeeping person metadata requirements: citizen-government (state) relationship online. Conclusion. Bibliography. Index.