Exploring an Ethical Dilemma

For this blog post, I was asked to explore a potential ethical dilemma an archivist may face: 

You discover a bag full of records in the basement of the company you are working for as a corporate archivist. On the face of it, it is clear that the documents contain very sensitive information on slush money paid by your company and bribery by the Chief Executive Officer. Apparently, the bag has been put there to be destroyed or to be put out in the trash. What do you do?

There are many factors to consider when thinking about what to do in this specific situation. Even without any knowledge of archival ethics, this situation appears shady and feels amiss. Not only that,  if there is illegal activity at play, it can be a very delicate situation. It is also a very tricky dilemma as the person involved with the record is not only the creator, but also the user and the employer, also known as a triangular relationship (Lawrimore). 

Looking at the Society of American Archivists Code of Ethics doesn’t provide any exact answers for this specific situation, but does provide direction and insight in terms of Core Values. One of the first values that stood out to me in this situation is “Accountability.” The SAA states that archivist preserve records and maintain accountability of functions, actions, and decision making of individuals, groups and organizations, even when working for a private corporation that keeps its records private (SAA). The Code of Ethics also states: 

“In the private sector, archival documentation assists in protecting the rights and interests of consumers, shareholders, employees, individuals, and communities. Preserving evidentiary records for both public and private entities creates a mechanism to cultivate transparency within organizations and can help make power imbalances visible.”

While obviously this is not information certain individuals would want others to know, it is considered best practice to keep the records, even if it is under lock and key. Also, as an archivist in the company I would be a little annoyed if it was someone within the company that is not an archivist who ordered the records to be destroyed. Archivists are the ones that ultimately get to make that decision. 

Authenticity is another principle under the Code of Ethics that gives good insight on how to proceed. The code states: 

“Archivists should not willfully alter, manipulate, or destroy data or records to conceal facts or distort evidence. Archivists thoroughly document any actions they take that may cause changes to the records in their care or raise questions about the records’ authenticity.” 

Knowing this, I would find it very difficult to destroy the records as that would be considered destroying data to conceal facts.  

It seems that the archivist values and code of ethics previously stated give a clear direction to prevent the documents from being destroyed. However, there are actually other principles that the Code of Ethics state that apply to this situation that make this situation a lot more delicate. One stresses the importance of “Professional Relationships.”

“In their professional relationships with donors, records creators, users, communities, and colleagues, archivists should be as respectful, honest, transparent, empathetic, and equitable as possible”

The way I think of this code and its application to this situation, is being transparent. While it doesn’t mean being pretending I didn’t see the bag of records to keep the peace within the company, it does mean their is a delicate way in which this situation should be addressed. It would be a good idea to have a professional conversation with someone higher up in the company about why it is important to keep the documents, as they might not even be aware of their existence.

Also, this dilemma brings up potential legal issues where it now involves me as the archivist. If the situation about the slush money is eventually taken to court, and the records regarding the transactions have been destroyed, I would not want to be considered an accomplice in destroying evidence or withholding information. Archivists are the ones in charge of tending to the records and deciding what stays and what goes. While this is not a lawsuit yet, illegal activity has a way of making it to court in one way or another. I’m not sure if destroying the evidence would be considered spoliation (the destroying of evidence), but I would not want to chance being associated with the disposal of potential evidentiary documents. 

As an archivist, this whole situation brings up some problematic issues within this company besides the obvious. First of all, did another archivist put out the documents under the order of the Chief Executive Officer, or was it taken out by an employee that is not an archivist? In the first case, the archivist being told which records to dispose of which comprises trusting the archivist’s “judgement” as stated in the SAA Code of Ethics. Secondly, if a non-archivist employee snuck in to take out the records, then the code of “security and protection” is compromised. 

This dilemma also brings up a big question within the SAA Code of Ethics. Can archivists be held accountable for knowing information about illegal activity held within records, even if they are private. Does it break the code to be a whistleblower? 

Before making my decision on what to do, the questions I would ask include:

-Who put the records out there in the first place?

-Is the CEO (or whoever is in charge of the company) aware of the documents or happenings?

If I was in this situation, the first thing I would do after asking the questions, would to be work with someone higher up in the company on how they want to proceed with the records. I would want to discuss options that can be done with the records besides destroying them. This would include privacy and confidentiality options. If they still want to destroy the records I would honestly just have them do it themselves and start looking for a new job. If a company supports immoral ethics, I’m not sure I would want to be part of that company. 

Sources

Lawrimore, E. (n.d.). Unit 1-A: What is an Archival Record [Canvas]. Retrieved from https://sjsu.instructure.com/courses/1595723/pages/unit-6-a-ethical-issues-and-archives?module_item_id=15709700

SAA Core Values Statement and Code of Ethics. SAA Core Values Statement and Code of Ethics | Society of American Archivists. (n.d.). https://www2.archivists.org/statements/saa-core-values-statement-and-code-of-ethics