TOPIC 3

Archives and Records Legislation

  • Establishes the legal and administrative framework for balancing functions, power, and responsibilities among accountable bodies.

  • Expresses rights and expectations of citizens regarding recorded information and documentary heritage.

Importance of Archives and Records Legislation

  • Necessary for compliance and management of records and archives.

  • Prevents risks that arise in the absence of guiding principles for custodians, creators, and users.

  • Contributes to accountable and effective governance.

Benefits of Robust Legislation:

  • Better management of records throughout their existence.

  • Enhanced efficiency and accountability in organizations via improved recordkeeping.

  • Protection of vital records and heritage.

  • Maintenance of full and accurate records.

  • Development of records management programs adhering to standards and best practices.

  • Assurance of safe custody and proper preservation of records.

  • Promotion of compliance, accountability, and transparency.

  • Accessibility to printed, digital, and technology-dependent records.

Hierarchical Structure of Regulations

  • National Archive Act 2003

  • Circulars and Directives:

    • Services Circulars

    • ICT Policy

  • Standards and Guidelines:

    • Malaysian Standard (MS 2223:2009) - Information and Documentation - Records Management.

Key Legislation in Malaysia

  1. National Archives Act 2003 (Act 629)

  2. Various Security Instructions & Circular Letters regulating records management procedures.

  3. Service Circulars relevant to office management and records maintenance.

National Archives Act 2003 (Act 629)

  • Focuses on the creation, acquisition, and management of public archives and records.

Main Sections:

  1. Establishment of National Archives (Sec 4)

  2. Functions of the Director General (Sec 7)

  3. Prohibition on Destruction of Public Records (Sec 25)

  4. Disposal of Public Records (Sec 26)

  5. Transfer of Public Records to National Archives (Sec 28)

Functions of the Director General (Sec 7)

  • Examine records for national or historical value.

  • Advise on creation, maintenance, and disposal of records.

  • Establish standard management procedures and provide training.

  • Ensure safe storage and preservation of archives.

  • Manage access and usage of public archives.

Important Responsibilities:

  • Approving the disposal of public records.

  • Awareness on copyright and reproduction of public archives.

Prohibition Against Destruction of Public Records (Sec 25)

  • No destruction authorized without prior written consent from the Director General.

  • Violators may face fines or imprisonment.

Disposal of Public Records (Sec 26)

  • Conditions for record disposal:

    • No permanent or enduring value.

    • Completion of reference purposes post-action.

    • Agreement on retention period.

Records Disposal Schedule (Sec 27)

  • Requirement for submitting disposal schedules for approval by the Director General.

Transfer of Public Records to National Archives (Sec 28)

  • Public offices must facilitate the transfer of records to the National Archives.

Acquisition of Non-Public Records (Sec 31)

  • Director General can acquire records likely to have enduring national or historical value.

Establishment of Record Centers (Sec 33) and Limbo Record Centers (Sec 34)

  • Responsible for the storage and processing of records.

  • Limbo Centers maintain semi-current records pending ultimate disposal.

Document Security

  • Control measures over unauthorized exposure of classified documents.

Classified Document Management Policy Includes:

  1. Guidelines on document security and management.

  2. Laws governing classified information (e.g., Official Secrets Act 1972).

Classified Records

  • Categories:

    • Top Secret: National interests at grave risk if compromised.

    • Secret: Serious injury to national interest.

    • Confidential: Injury to national interest if disclosed.

Examples of Classified Records:

  • Cabinet policy papers, military movements, correspondence with foreign governments, etc.

Record Management Guidelines for Public Sector

  • Understanding of policies and best practices in record management.

Malaysian Standard (MS 2223: 2009)

  • Framework for managing organizational records.

  • Essential for audit compliance and effective recordkeeping procedures.