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General Restriction Statement

The Mount Holyoke College Archives and Special Collections is committed to making research materials available to users on equal terms of access. This is in accordance with the standard professional policy on access adopted jointly by the Society of American Archivists and the American Library Association (ALA-SAA Joint Statement on Access: Guidelines for Access to Original and Research Materials, 1994.). Equal access does not mean that all materials are open to research use. It is the responsibility of the Archives and Special Collections to balance a researcher's needs for access with the needs of confidentiality of persons and institutions whose activities are reflected in the materials. Consequently, the use of some materials in the Archives and Special Collections, especially those of recent date are subject to restrictions.

Two types of restrictions exist. Restrictions on access that apply to more than one group of materials are termed "general restrictions." General restrictions are applicable to particular kinds of information or designated classes of materials, wherever they may be found among the holdings. The other type of restrictions are known as "specific restrictions." These are restrictions specified by the transferring office, agency, or donor and apply to a specific body of material, sometimes for a specific length of time. Information about specific restrictions will be found in the deed of gift or accession record that covers the body of materials to which the specific restriction applies.

The following is a list of general restrictions that are applied to the materials held by the Mount Holyoke College Archives and Special Collections. These general restrictions are established pursuant to a vote of the Mount Holyoke College Board of Trustees of March 8, 1996.

1. Materials containing information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or a libel of a living person.

a. Definition. Materials containing information about a living person
which reveal details of a highly personal or libelous nature which, if
released, would constitute a clearly unwarranted invasion of privacy or a
libel, including but not limited to information about physical or mental
health or the medical or psychiatric care or treatment of the individual, and which personal information is not known to have been previously made public.
b. Restrictions. Such records may be disclosed only:
i. to the staff of the Mount Holyoke College Archives and Special Collections in the performance of normal archival work on such materials.
ii. to the named individual or her/his authorized representative, provided
that access will not be granted if the records are restricted pursuant to any other general or specific restrictions.
iii. to those officers and employees of the office or agency of origin or its
successor in function who have a need for the records in the performance
of their official duties.

2. Materials containing confidential business and financial information.

a. Definition. Materials which contain financial information. Financial information which was obtained with an express or implied understanding of confidentiality.
b. Restrictions. Such information may be disclosed only:
i. if the information consists of statistical totals or summaries and does not disclose the source of the information or identify individual parties, or
ii. if the party with whom the confidential relationship has been
established agrees to its release, or
iii. if, in the judgment of the archivist, the passage of time is such that
release of the information would not result in substantial competitive harm
to the parties identified in the materials, or
iv. to those officers and employees of the office or agency of origin or its
successor in function who have a need for the records in the performance of their official duties.

3. Materials containing confidential employment or personnel information.

a. Definition. Materials containing information on appointment, tenure, employment, performance evaluation, disciplinary action, and similar personnel matters.
b. Restrictions. Such information may be disclosed only:
i. if the information is a summary statement of service, or
ii. if the information does not identify particular individuals, or
iii. if the individual or her/his legal representative agrees to its release, or
iv. if the individual is deceased or the passage of time is such that the
individual may be presumed to be deceased, or
v. to researchers for the purpose of statistical or quantitative research
when such researchers have provided the archives with written assurance
that the information will be used solely for statistical research or reporting
and that no individually identifiable information will be disclosed.

4. Materials relating to investigations.

a. Definition. Materials containing information related to or compiled
during an investigation of individuals or organizations.
b. Restrictions. Such information may be disclosed only:
i. if the release of the information does not interfere with ongoing
litigation or similar proceedings, and
ii. if the confidential sources and information are not revealed, and
iii. if confidential investigative techniques are not described, and
iv. to researchers for the purpose of statistical or quantitative research
when such researchers have provided the archives with written assurance
that the information will be used solely for statistical research or reporting
and that no individually identifiable information will be disclosed.

5. Materials restricted by statute, regulation, executive order, or court order.

a. Definition. Materials containing information, the access to which is
restricted by statute, regulation, executive order, or court order.
b. Restrictions. Such information may be disclosed only:
i. in accordance with the provisions of such statute, regulation, executive
order, or court order, or
ii. or in the case of student records, to researchers for the purpose of statistical quantitative research when such researchers have provided the archives with written assurance that the information will be used solely for statistical research or reporting and that no individually identifiable information will be disclosed.

 

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Copyright © 2006 Mount Holyoke College. This page created and maintained by Archives and Special Collections. Last modified on October 2, 2006.