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Study-Unit Description

Study-Unit Description


CODE LIA5018

 
TITLE Legal and Ethical Issues of the ¸£ÀûÔÚÏßÃâ·Ñ Professions

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Library ¸£ÀûÔÚÏßÃâ·Ñ and Archive Sciences

 
DESCRIPTION ¸£ÀûÔÚÏßÃâ·Ñ professions must fulfill a rather complicated and demanding social task. They are entrusted with the administration of informational assets that shape the public perception of the most crucial societal phenomena, such as history, politics and scientific knowledge. The acquisition, preservation, and administration (including access, dissemination, and sharing) of crucial information products comes with rather controversial questions and challenges with regards to the legal and ethical framework that shall dictate the power to control them. The study-unit tackles the most important legal and ethical implications of the information professions. It is mainly targeted at aspiring librarians, records managers, archivists and data management specialists. It shall introduce to them the legal and ethical framework that regulates their day-to-day activities and allow them to identify, understand, and constructively apply the regime that defines the way information products are obtained, preserved, accessed, processed, and, generally speaking, administered.

There are three main pillars of legal regulation: i) access to public sector information, ii) processing of personal information included in informational products, and iii) access and processing rights when intellectual effort has been invested and protected through intellectual property rights. Therefore, concepts such as Intellectual Property Rights, GDPR, Re-use of Public Sector ¸£ÀûÔÚÏßÃâ·Ñ obligations, and other national or international obligations are discussed. While most of the concepts are legal, the approach of the study-unit is to analyze such operating frameworks from an applicability point of view.

Study-Unit Aims:

This study-unit provides participants the opportunity to study records, archives management and librarianship issues from a legal perspective while keeping in mind the mission of information professionals and the ethical obligations of the professions.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:

- Identify, distinguish, process, interpret and apply the different legal mechanisms that have an impact on the ¸£ÀûÔÚÏßÃâ·Ñ Professions;
- Demonstrate to what extent such legal obligations impact on decision-making;
- Outline how the administrative structures of information provisions have to align themselves with the overarching legal structures;
- Define the levels of dependency and interplay between international and local legal and ethical obligations;
- Explain the value of ethics in delivering services to the creators of the records and the public in general.

2. Skills:

By the end of the study-unit the student will be able to:

- Map what legal and ethical parameters ¸£ÀûÔÚÏßÃâ·Ñ Professionals have to operate within;
- Distinguish between legal concepts and how these apply to the professions in question;
- Identify the relevant legal and ethical framework that is applicable to the professions in question, navigate through them and locate the crucial rules applicable in their case;
- Compare and contrast the basic legal and ethical problems related to the professions in question and be able to apply archival reasoning in trying to process and address them;
- Operate in their day to day professional context under the best legal and ethical practices that apply to the professions in question;
- Make legally and ethically informed and sound decisions with regard to the acquisition, preservation, and administration of informational resources;
- Build connections between records and archives theory and the legal obligations within government and private settings;
- Carry out audits of new programs and initiatives to verify whether they are legally and ethically compliant.

Main Text/s and any supplementary readings:

Main Texts:

- European Convention of Human Rights. Available online: https://www.echr.coe.int/documents/convention_eng.pdf
- Charter of the Fundamental Rights of the EU. Available online: https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights_en
- Directive 2001/29 (Infosoc Directive). Available online: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML
- Directive 2019/790 (Digital Single Market Directive). Available online: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L0790&from=EN
- Directive 2012/28 (Orphan works Directive). Available online: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L0028&from=EN
- Copyright Act. Available online: https://legislation.mt/eli/cap/415/eng/pdf
- Freedom of ¸£ÀûÔÚÏßÃâ·Ñ Act. Available online: https://legislation.mt/eli/cap/496/eng/pdf
- Convention 108 of the Council of Europe, for the protection of individuals with regard to the processing of personal data. Available online: https://rm.coe.int/convention-108-convention-for-the-protection-of-individuals-with-regar/16808b36f1
- General Data Protection Regulation (GDPR). Available online: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679
- National Archives Act, Cap. 477 of the Laws of Malta. Available online: https://legislation.mt/eli/cap/477/eng/pdf
- Malta Libraries Act. Available online: https://maltalibraries.gov.mt/iguana/uploads/file/Documents/EN%20-%20Malta-Libraries-Act-2011.pdf;
- Cultural Heritage Act Malta. Available online: https://culture.gov.mt/en/culturalheritage/Documents/form/CulturalHeritageAct2002.pdf;
- Directive 2019/1024 (Open Data Directive). European Archives Experts Group. Guide on the application of GDPR for archivists. Available at: https://ec.europa.eu/info/sites/info/files/eag_draft_guidelines_1_11_0.pdf (last access, 25.02.2021).

Supplementary Readings:

- Alessia Ghezzi, Ângela Guimarães Pereira, and Lucia Vesnić-Alujević (eds.), The ethics of memory in a digital age: interrogating the right to be forgotten, 2014.
- Cherie L. Givens, ¸£ÀûÔÚÏßÃâ·Ñ privacy fundamentals for librarians and information professionals, 2015.
- Pekka Henttonen, Privacy as an archival problem and a solution, Arch Sci 2017, p. 285-303.
- Tim Padfield, Copyright for archivists and records managers 6th edition, 2019.
- Jean Dryden, Copyright issues in the selection of archival material for internet access, Arch Sci 2009, p. 123-147.
- Manžuch, Z. (2017). Ethical Issues In Digitization Of Cultural Heritage. Journal of Contemporary Archival Studies, 4, 1-17. Retrieved from http://elischolar.library.yale.edu/jcas/vol4/iss2/4
- Paul Keller, Explainer: What will the DSM directive change for cultural heritage institutions?. Available online at https://pro.europeana.eu/files/Europeana_Professional/Publications/Explainer_%20What%20will%20the%20DSM%20directive%20change%20for%20cultural%20heritage%20institutions_%20090619.pdf (last access, 25.02.2021).

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 50%
Presentation (20 Minutes) SEM2 Yes 50%

 
LECTURER/S Charles Farrugia

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years.

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