Details

Recordkeeping, Ethics and Law


Recordkeeping, Ethics and Law

Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World
The Archivist's Library, Band 4

von: Livia Iacovino

149,79 €

Verlag: Springer
Format: PDF
Veröffentl.: 20.07.2006
ISBN/EAN: 9781402047145
Sprache: englisch
Anzahl Seiten: 340

Dieses eBook enthält ein Wasserzeichen.

Beschreibungen

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.
The recordkeeping-ethics-law nexus and recordkeeping regulatory models.- Identity, trust, evidence and the recordkeeping nexus.- Legal and social relationships and the recordkeeping nexus.- Recordkeeping participants: legal and ethical responsibilities.- Property, privacy, access and evidence as legal and social relationships.- Legal and social relationships as regulatory mechanisms.- Recordkeeping regulatory models in the web environment.- Legal and social relationships: an alternative Internet regulatory model.
<P>Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time. 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 an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. Medical, business and governmental relationships within communities of common interest based on trust illustrate the practical application of the model. As legal relationships have their basis in the law of obligations found in common and civil law systems, as well as archival science, the model has a broad-based application. The relationship model also provides a unique ethical and legal approach to property, access, privacy and evidence. Most importantly, the book provides an interdisciplinary approach to Internet regulation, which contributes to closer ties between those who research, teach and work in fields of ethics, law and archival science.</P>
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

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