DIGITAL CURATION: THE LEGAL DIGITAL CURATION: THE LEGAL FRAMEWORK IN SAFRAMEWORK IN SA

Graham DominyGraham DominyNational Archivist of South Africa National Archivist of South Africa

PRESENTATION TO AFRICA DIGITAL PRESENTATION TO AFRICA DIGITAL CURATION CONFERENCE: CSIR: CURATION CONFERENCE: CSIR:

PRETORIA:PRETORIA:13 FEBRUARY 200813 FEBRUARY 2008

DIGITAL CURATIONDIGITAL CURATION

Digital Curation is about maintaining Digital Curation is about maintaining and adding value to a trusted body of and adding value to a trusted body of digital information for current and digital information for current and future usefuture use

This includes all processes of digital This includes all processes of digital archiving and digital preservationarchiving and digital preservation

Plus all processes needed for good Plus all processes needed for good data creation and managementdata creation and management

WHAT SHOULD BE WHAT SHOULD BE CURATED/ARCHIVED?CURATED/ARCHIVED?

Paper-based or electronic: A record exists Paper-based or electronic: A record exists regardless of formatregardless of format

To “archive” [verb] means to preserve the To “archive” [verb] means to preserve the record with long-term, or permanent valuerecord with long-term, or permanent value

Martie Van Deventer talks of 20 years (or Martie Van Deventer talks of 20 years (or more): more): – that is just when archivists begin and is long, that is just when archivists begin and is long,

long, after when “techies” – programmers, long, after when “techies” – programmers, data-analysts & project-driven researchers end data-analysts & project-driven researchers end their worktheir work

THE NATIONAL TENDENCYTHE NATIONAL TENDENCY

““For every problem there is a For every problem there is a solution which is simple, obvious and solution which is simple, obvious and wrong” - ALBERT EINSTEIN wrong” - ALBERT EINSTEIN (Cited in `The (Cited in `The Data Curation Continuum)Data Curation Continuum)

South Africans love creating great big things to South Africans love creating great big things to co-ordinate to death or digital extinction, but co-ordinate to death or digital extinction, but Treloar, Treloar, et alet al, argue from experience that , argue from experience that monolithic solutions do not work and monolithic solutions do not work and decentralised, but inter-connected systems are decentralised, but inter-connected systems are more practicalmore practical

WHERE IS THE PROBLEM: WHERE IS THE PROBLEM: COLLECTIONS OR PLATFORMS?COLLECTIONS OR PLATFORMS?

With the datasets, the collections With the datasets, the collections and their metadata? and their metadata? – i.e. the intellectual control over the datai.e. the intellectual control over the data

With technology; the rapid challenge With technology; the rapid challenge in hardware and software that makes in hardware and software that makes the systems obsolete within a few the systems obsolete within a few years?years?– i.e. the technical support for the i.e. the technical support for the

systemssystems

METHODOLOGIES OF ARCHIVISTS METHODOLOGIES OF ARCHIVISTS AND RECORDS MANAGERSAND RECORDS MANAGERS

Understanding the context of records Understanding the context of records creation and the standing of the creation and the standing of the creators – i.e. institutional history or creators – i.e. institutional history or “validation”:“validation”:– ProvenanceProvenance– Original orderOriginal order– Administrative HistoryAdministrative History– DiplomaticsDiplomatics

Leads to intellectual control of the Leads to intellectual control of the record (or dataset)record (or dataset)

LEGISLATIVE FRAMEWORK:LEGISLATIVE FRAMEWORK:PRIMARY PRIMARY

National Archives ActNational Archives Act

Legal Deposit ActLegal Deposit Act

National Library ActNational Library Act

Other legislation (institution-specific: Other legislation (institution-specific: HSRC/NRF/CSIR)HSRC/NRF/CSIR)

LEGISLATION: SUBSIDIARYLEGISLATION: SUBSIDIARY

Operational regulatory framework:Operational regulatory framework:

– Funder – recipient contractual Funder – recipient contractual obligationsobligations

– Institutional policies and operational Institutional policies and operational guidelinesguidelines

– Inter-institutional collaboration Inter-institutional collaboration agreementsagreements

– Commercial agreementsCommercial agreements

LEGISLATION: RELATEDLEGISLATION: RELATED

Electronic Communications ActElectronic Communications Act

Financial Intelligence ActFinancial Intelligence Act

Promotion of Access to Information ActPromotion of Access to Information Act

Protection of Information Act/Bill Protection of Information Act/Bill (currently implemented through the (currently implemented through the Minimum Information Security Minimum Information Security Standards MISS)Standards MISS)

Copyright ActCopyright Act

NATIONAL ARCHIVES ACTNATIONAL ARCHIVES ACTNational Archives and Records Service Act National Archives and Records Service Act (No 43 of 1996 as amended)(No 43 of 1996 as amended)– ‘‘Governmental bodies’ must transfer their Governmental bodies’ must transfer their

records of enduring value to the archives after records of enduring value to the archives after 20 years20 years

– Governmental bodies - broader term than Governmental bodies - broader term than govt deptgovt dept

– include parastatalsinclude parastatals– Also researchers required to deposit copy of Also researchers required to deposit copy of

their work with the relevant archives repositorytheir work with the relevant archives repository

LEGAL DEPOSIT ACTLEGAL DEPOSIT ACT

Legal Deposit Act (No 54 of 1007)Legal Deposit Act (No 54 of 1007)– Any ‘document’ published in South Any ‘document’ published in South

Africa must be deposited in the five Africa must be deposited in the five legal deposit librarieslegal deposit libraries

– The definition of ‘document’ overlaps The definition of ‘document’ overlaps with the definition of a ‘record’ in the with the definition of a ‘record’ in the Archives ActArchives Act

– A published work can be in virtually any A published work can be in virtually any conceivable formatconceivable format

NATIONAL LIBRARY ACTNATIONAL LIBRARY ACTNational Library of South Africa Act National Library of South Africa Act (No 92 of 1998)(No 92 of 1998)– Essentially an enabling act intended to Essentially an enabling act intended to

amalgamate the former South African amalgamate the former South African and State Librariesand State Libraries

– Operationally it acquires material Operationally it acquires material (‘documents’) in terms of the Legal (‘documents’) in terms of the Legal Deposit ActDeposit Act

– However, at least the Library Act cross-However, at least the Library Act cross-references to the Archives Actreferences to the Archives Act

SUMMARY & CONCLUSION (1)SUMMARY & CONCLUSION (1)

The Australian experiences discussed The Australian experiences discussed by Treloar (by Treloar (et alet al) and Cunningham ) and Cunningham point in the direction of decentralised point in the direction of decentralised digital curation;digital curation;

The British experience discussed by The British experience discussed by Bailey cautions against a rigid Bailey cautions against a rigid application of archival dogma in a application of archival dogma in a monolithic environment monolithic environment

SUMMARY & CONCLUSION (2)SUMMARY & CONCLUSION (2)

The current South African legislative The current South African legislative framework, perhaps unintentionally, framework, perhaps unintentionally, reinforces these trends and points towards reinforces these trends and points towards a more decentralised systema more decentralised system

The challenge is to create and sustain The challenge is to create and sustain inter-connectivity especially in the light of inter-connectivity especially in the light of technological changestechnological changes

These can perhaps best be dealt with in an These can perhaps best be dealt with in an inter-connected, but decentralised system inter-connected, but decentralised system - we have the legal framework- we have the legal framework

ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS

Mike DE KLERK (HSRC)Mike DE KLERK (HSRC)

James DOMINY (NBN)James DOMINY (NBN)

Andrew KANIKI (NRF)Andrew KANIKI (NRF)

Anil SINGH (DAC)Anil SINGH (DAC)

Martie VAN DEVENTER (CSIR)Martie VAN DEVENTER (CSIR)

REFERENCESREFERENCESSteve BAILEY: ‘Taking the road less travelled by: The future of the archive Steve BAILEY: ‘Taking the road less travelled by: The future of the archive and records management profession in the digital age’ JOURNAL OF THE and records management profession in the digital age’ JOURNAL OF THE SOCIETY OF ARCHIVISTS SOCIETY OF ARCHIVISTS 2828 (2) Oct 2007: 117-124 (2) Oct 2007: 117-124

Adrian CUNNINGHAM: ‘Digital Curation/Digital Archiving: a view from the Adrian CUNNINGHAM: ‘Digital Curation/Digital Archiving: a view from the National Archives of Australia’ Paper for DigCurr 2007 Conference, Chapel National Archives of Australia’ Paper for DigCurr 2007 Conference, Chapel Hill, North CarolinaHill, North Carolina

No Author: ‘Digital Curation’ WIKIPEDIANo Author: ‘Digital Curation’ WIKIPEDIA

Andrew TRELOAR: ‘Supporting the e-Research lifecycle from acquisition Andrew TRELOAR: ‘Supporting the e-Research lifecycle from acquisition through to annotation: the DART/ARCHER experience’ (through to annotation: the DART/ARCHER experience’ (www.eresearch.edu.au/treloarwww.eresearch.edu.au/treloar))

Andrew TRELOAR, David GROENEWEGEN & Cathrine HARBOE-REE: ‘The Andrew TRELOAR, David GROENEWEGEN & Cathrine HARBOE-REE: ‘The Data Curation Continuum: Managing data objects in institutional Data Curation Continuum: Managing data objects in institutional repositories’ D-LIB MAGAZINE repositories’ D-LIB MAGAZINE 1313 (9/10) Sept/Oct 2007 (9/10) Sept/Oct 2007