“Archives between law and history: appraisal and preservation, current trends and challenges” by Marcel Caya, Deputy Secretary General, International Council on Archives (ICA) ICA is grateful for the occasion to take part in this debate to help better lay out what we have in common. While we will probably also identify some differences between the respective fields of the participants, recognizing our specificity will no doubt help us a great deal in discovering not only the potential contribution of each of the domains to information preservation, but mostly our collective strengths. Information preservation is a little like motherhood. Everyone is for it. However, unlike motherhood, the term “information” can mean several things to different people, as we will see this morning while the speakers of this programme each explain the particular angle they deal with. I suspect that we will also see that the meaning of the term preservation can also vary considerably when applied to the challenges of information preservation and to the reality of the means available to translate it into reality. Therefore, I will not begin by building a model of the several layers of information preservation available to see where archives and records 2 preservation can be inserted. In order to convey the relationship of records and archives with information preservation, it is more useful to explain how archives share many characteristics of all information fields and to distinguish what makes it different. From that description will emerge the peculiar relationship that archives and records have with preservation. Let me begin by dealing with the three different meanings of the word archives; each, in its own way, is relevant to the understanding of the relationship between information and preservation. The combination of the three creates an essential triangle that will define and impact the needs of modern governments, organizations and society to preserve meaningful archival information. The first meaning of the word archives relates to the bodies which are charged with the overall management of the active and semi-active records of the government or the organisation and the keeping of its records of enduring value. They can be institutions within a governmental structure or divisions within public or private organisations: National Archives for instance do not only keep archival records, but also provide advice to their parent body on matters relating to records legislation and management; the records and archives management division of universities or private companies often play the same role. 3 A second meaning of the word archives designates those buildings and offices providing spaces specially adapted for the keeping, processing and referencing of records. The design of archival spaces must follow guidelines that create the conditions necessary to conduct archival activities and preserve archival records. Finally, the third meaning of the word archives pertains to records of all types that convey information; thus, archives encompass all media, textual as well as photographic, sound, audiovisual, digital etc. Archives, in that sense, are recorded information generated through the performance of actions, the application of laws, or the accomplishment of functions. They are not produced for documentation purposes or to be sold as cultural goods or heritage testimony. To qualify as archives, they must be created automatically, as part of the actions and transactions they document; in that sense, their organized accumulation becomes the memory, both short and long term, of organizations and societies, the provider of information on their activities and decisions, the data that informs historians and other researchers in an authentic, complete and reliable manner, the records that feed the flow of information necessary to manage government administration, organizations and modern democratic societies. Thus, as a consequence of their status, archives are more than information; they are evidence and, as such, contribute to the 4 preservation of rights (including property), to the verification of duties, to the confirmation and transmission of official decisions; they help establish facts, confirm understandings etc. All of these types of records provide information, yet they provide it in that very special way that shapes their very nature and characteristics. In order to qualify as evidential information, these records must prove to be authentic, complete and reliable. Their make-up requires not only that they share these qualities, but also that they be kept in the context that will testify to their authenticity, completeness and reliability. Much of what I have said so far of the nature and characteristics of archives remained true over times, from the clay tablets of the Antiquity to the parchments of the Middle Ages and to the dockets of the modern XIXth century administration. Records have been kept in relatively large accumulations of similar documents; when their integrity and the chain of custody have been maintained unbroken, it is even easier to recognize their contents as authentic, complete and reliable. However, the slow changes in record keeping methods have suddenly increased pace in more recent times. Under the stimulus of rapid technological changes in the information and communication of the last decades of the XXth century, the keeping of contemporary records has evolved dramatically to adapt to the needs of their producers. Modern administrations today produce records on a large diversity of 5 media, including paper, photographs, audiovisual tapes and increasingly electronic formats. Indeed, because of the revolution in the way of handling administrative information, most electronic records are now created virtually, without even being generated or copied on paper or any other format. Born digital records contribute significantly to the increased efficiency of modern administration. Together with all other types of information, they also constitute a major challenge for records management. Indeed the current so “paperless” paperwork revolution is so important that it regularly translates into new approaches for the keeping of all types of information of permanent value. Foremost in the mind and toolbox of archivists, records appraisal has become a preliminary condition to ensure the future preservation of archival information. The new challenges in the keeping of records and archives begin with the increased facility with which records are created, duplicated and distributed in diverse and ever-changing formats. The consequent proliferation of records on paper and electronic formats makes it ever more urgent that methods of appraisal be applied not so much to reduce the mass of records, but mostly to eliminate duplication and evaluate the relative importance of the records. Such appraisal is required to ensure that the priority will be assigned to the keeping of the most important and significant records, for the producer of the information, the citizens or its clients, and all possible short and long term users, including historians and 6 researchers. Thus, some measure of appraisal remains necessary, whether it is conducted at the time records is created or when they are no longer of current use. The success of future conservation methods for archival records depends on regular appraisal that will reduce the quantities of records while maintaining their significance and reliability as truthful records. At the same time, the shift in the nature of current records and of the information they contain has generated a number of new challenges. While the keeping of records on paper seems straightforward, the conservation of virtual and audiovisual records triggers welldocumented problems of physical permanence that are compounded by the archival need to keep records in a meaningful context. In this sense, archival preservation must imply, not only physical preservation of single records, but also and most importantly conservation of information and records in their legal and organisational context, in order to maintain their authenticity, integrity and meaning. Because archival information is not only the information worth keeping permanently, the archival challenge in preservation must apply as well to the whole of the management of records whether they are still being kept by their creator for the purposes for which they were created, maintained as semi-active for a given period to cover fiscal, legal or audit purpose, or deemed of permanent value to be preserved forever. 7 Faced with these problems, records managers and archivists have developed multi-faceted strategies aimed at ensuring at least the preservation of the most relevant records. First, timely appraisal ensures that the whole of the archival records created is regularly examined in order to reduce the mass of the records to be preserved, thus ensuring that preservation is only applied to records that are important. In this process, records management plays a crucial role as it often can intervene directly at the time the records are created. This is especially useful for digital records that require expensive equipments to read and to process. The second step in the preservation strategy used to be the restoration and repair of single damaged documents of relevance. Many archival institutions can still count on well equipped restoration laboratories and qualified staff to do the work, especially when the whole of the records to be treated mainly consist of paper or photographic media. However, while this essential work of document repair still continues, this measure has now become the exception rather than the rule. Nowadays, in the archives field as in many other fields of heritage conservation, the systematic inventory of damaged records and the restoration of single documents have generally been pushed back to the rank of third step. 8 Currently, preventative conservation has replaced restoration as the favoured second step of archival preservation strategy in most institutions. Preventative conservation brings together all the measures designed to reduce and prevent damages by dealing first with the causes or the sources of harm to the records and by focusing on entire groups of records rather than individual items. In practical terms, it examines the handling, storage and processing of holdings and determines the critical elements of efficient policies and methodologies to implement. For archives, it also includes the duplication of series of records on a more stable media, when damages are too extensive to repair or the media too fragile to handle in normal research work condition; since for archives, the preservation of the original records is necessary, the duplication of the information they contain contributes to extend the life of the records by reducing its manipulation. Preventative conservation thus provide the community with more efficient and less expensive methods of preserving more records while maintaining their integrity, their authenticity and completeness in their original context. At the beginning of my presentation, I introduced the three different meanings of the term “archives” by portraying them as a triangle. It would be simple to summarize by saying that “archival records are 9 kept in archival buildings by archival institutions”. If that were true, we could easily survey all archival institutions and tally a count of the quantity of archival records preserved ten, five and two years ago in order to make a projection of the quantity of material that will have to be provided for in two, five and ten years. The reality is different for several reasons. To start with, we are hard pressed to find a common standard to measure quantities of archives of various media: to use digital records as an example, should we count the number of pages, the number of characters, the number of images or the number of bytes? Each count can be justified depending on the use we want to make of such a statistic. But this is not the main reason why the triangle statement cannot translate into a measurable reality. The simple fact is that “not all archival records can be kept in archival buildings by archival institutions”. Administrative records are increasingly born archival by virtue of the qualities that make it necessary to preserve them on a permanent basis. As long as they are used by their producer for their activities or the performance of their function, they cannot be taken out to be preserved; therefore all archival records cannot be kept in archival buildings. This is why archivists insist so much that the establishment of a records management process is necessary in all organizations not only to protect and preserve eventually, but mostly to make it possible to determine what should be protected and preserved. 10 From the archival perspective, then, the key messages to deliver to all the governments of this world does not pertain so much to the size of the holdings to be preserved, but rather should emphasize that successful preservation of archival information must be a permanent and regulated function; it cannot be undertaken as a short-term project to be completed one day once and for all. The key message is that the riches of archival records are created every day by their administration, by bodies of all types and by their citizens and that only adequate legislation and organization will enable records managers and archivists to appraise competently what should be kept and take the steps to do the job efficiently in an environment that keeps an eye on the control of the costs. The second key message relates more closely to preventative preservation and the establishment of procedures that will diminish the potential damage to records of archival value. Never did the old saying: “A stitch in time saves nine” found more truthful application than in the needs for archival information preservation. Archival records that are damaged or taken out of their context may lose only some of their contents, but when that happens, they also lose their authenticity and therefore their significance. 11 Between us, we may be at a loss to give numbers and regret that sufficient budgets will never be available to maintain adequate information preservation. The main archival argument remains that efficiency in records and archives management in itself largely compensates for the cost of putting good practices in place. It is a good one and a well documented case. The reality, however, is that it will remain a hard and daily battle to convince government authorities that “Archives are not only kept for the documentation of history, but also to improve the efficiency of their administration”. Even with good archival legislation and practices, the message will continue to be that investments in records and archives management are needed to preserve not only enough information, but more importantly, to safeguard adequate information. Then, to the title of this paper, “Archives between law and history”, we should add “management efficiency” as another good reason to preserve archival information.