ABOUT THIS BOOK

Introduces basic access and privacy laws, concepts,
definitions, and professional ethical standards
affecting the management of records created by
organizations, businesses, agencies, and other entities.

AUTHOR BIOGRAPHY

Menzi L. Behrnd-Klodt is an archivist with extensive experience in
organizational and corporate archives and an attorney specializing in intellectual
property, contracts, and licensing. She was an archivist at Wisconsin
Historical Society, Circus World Museum, CUNA Mutual Group, and
American Girl, and as a consultant to many museums, cultural centers,
schools, and government agencies. She speaks and teaches on legal issues
for archivists, librarians, and records managers. Behrnd-Klodt coedited,
with Peter J. Wosh, Privacy and Confidentiality Perspectives: Archivists and
Archival Records (2005), and authored Navigating Legal Issues in Archives
(2008), both published by the Society of American Archivists.

TABLE OF CONTENTS

Introduction: Learning to Live with Risk—and Loving It

Introduction

Freedom of Information and Privacy Laws
    Overview of Relevant Legislation
        The Freedom of Information Act of 1966 (FOIA)
        The Privacy Act of 1974
    Third-Party Privacy Rights Under the Privacy Act and FOIA
    Court Records
    Access to Presidential Records: A Public/Private Hybrid
    Online Public Records: How Much Access Is Too Much?
Recommendations

Student Education Records
    Family Educational Rights and Privacy Act (FERPA)
    Exemptions and Revisions
    Duration of Restrictions
    Remedies for FERPA Violations and Risks of Liability

Medical Records
    HIPAA, the Privacy Rule, and HITECH
    HIPAA Privacy Rule
    Key HIPAA Terms and Definitions
    Permitted and Prohibited Uses of PHI; Authorizations Under HIPAA
    HIPAA's Security Rule

Access and Confidentiality in Organizational and Business Records

Legal Records and Discovery
    Attorney-Client Privilege
    Attorney Work Product Privilege
    Civil Litigation, Discovery, and Compulsory Legal Process Discovery
    The Effect on Archives of Challenging a Subpoena

Conclusion and Recommendations

Appendices
    Appendix A: Further Reading
    Appendix B: Case Study—Developing an Access Policy for a Rehabilitation Student Case File
        by Melissa Salrin
    Appendix C: Annotated Access Policies
    Appendix D: Glossary

Sidebar
Threats to Privacy and Confidentiality in Digital and Online Archival Records

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