BYU

Harold B. Lee Library

General Access and Restriction Statement

L. Tom Perry Special Collections at Brigham Young University’s Harold B. Lee Library

The L. Tom Perry Special Collections is committed to making research materials available to students, faculty, and guests. We believe that a vital part of the education of undergraduate and graduate students is the ability to access, use and engage in the scholarly synthesis of original historical materials. We strongly encourage use of our collections and strive to offer access to them.

This is in accordance with the standard professional policy on access adopted jointly by the Society of American Archivists and the American Library Association (http://www.archivists.org/statements/alasaa.asp). We feel that it is the responsibility of the L. Tom Perry Special Collections to balance the researcher’s need for access with the needs for confidentiality of persons and institutions whose activities are documented by those materials. This enables us to avoid putting the L. Tom Perry Special Collections or Brigham Young University in legal jeopardy, and allows us to fulfill our important mission of making original historical resources available to students, faculty and guests.

Consequently, the use of some materials in the L. Tom Perry Special Collections, especially records of a corporate nature or those of more recent date, are subject to restriction. The L. Tom Perry Special Collections Board of Curators is responsible for the establishment and monitoring of all access and use restrictions placed on its materials. The Board of Curators will review reasonable requests to access restricted materials.

There are two types of restrictions used by the L. Tom Perry Special Collections—specific restrictions and general restrictions. Specific restrictions apply to a limited body of material and are for a set length of time. Specific restrictions may include:

  • Restrictions based on the physical condition (fragile, etc.) of material,
  • the value of material,
  • donor requests,
  • privacy concerns (subjects are living, etc.), and
  • confidentiality concerns (most often university records)

Information about specific restrictions will be found in the case file (in house file kept for each collection) that covers the body of materials to which the specific restriction applies as well as the general library online public catalog record for the material. General restrictions are restrictions that apply to more than one group of materials. They are applicable to particular kinds of information or designated classes of materials, wherever they may be found among our holdings.

The following is a list of the general restrictions that are applied to the materials held by the L. Tom Perry Special Collections. These general restrictions are established pursuant to Brigham Young University and the L. Tom Perry Special Collections Board of Curators.

  1. Materials containing information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or a libel of a living person.
    1. 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 the 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.
    2. Restrictions. Such records may be disclosed only:
      1. To regular employees of the L. Tom Perry Special Collections in the performance of normal archival work on such materials;
      2. To the named individual or his authorized representatives, provided that access will not be granted if the records are restricted pursuant to any other general or specific restrictions;
      3. To those officers and employees of Brigham Young University who have a need for the record in the performance of their official duties; or
      4. To the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the gift.
  2. Materials containing confidential business and financial information.
    1. Definition. Materials which contain trade secrets and commercial or financial information which was obtained with an expressed or implied understanding of confidentiality.
    2. Restrictions. Such information may be disclosed only:
      1. If the information consists of statistical totals or summaries and does not disclose the source of the information or identify individual parties;
      2. If the party with whom the confidential relationship has been established agrees to its release;
      3. 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;
      4. To those officers and employees of Brigham Young University who have a need for the record in the performance of their official duties; or
      5. To the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the gift.
  3. Materials containing confidential employment, personnel or personal information.
    1. Definition. Materials containing information on employment, appointment, performance evaluation, disciplinary action, and similar personal matters, which by their nature might create a reasonable expectation of confidentiality and privacy.
    2. Restrictions. Such information may be disclosed only:
      1. If the information is a summary statement of service;
      2. If the information does not identify particular individuals
      3. If the individual or his legal representative agrees to its release;
      4. If the individual is deceased or the passage of time is such that the individual may be presumed to be deceased;
      5. To those officers and employees of Brigham Young University who have a need for the record in the performance of their official duties; or
      6. To the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the gift.
  4. Materials relating to investigations.
    1. Definition. Materials containing information related to or compiled during an investigation of individuals or organizations.
    2. Restrictions. Such information may be disclosed only:
      1. If the release of the information does not interfere with ongoing litigation or similar proceedings, and
      2. If confidential sources and information are not revealed, and
      3. If confidential investigative techniques are not described, and
      4. If the release of the information would not endanger the safety of law enforcement personnel; or
      5. If the passage of time is such that:
        1. the safety of persons is not endangered, and
        2. the public interest in disclosure outweighs the continued need for confidentiality; or
      6. To those officers and employees of Brigham Young University who have a need for the record in the performance of their official duties; or
      7. To the Donor of the materials or to the Donor’s Designee, pursuant to the provisions of the gift.
  5. Materials restricted by statute, regulation, executive order, or court order.
    1. Definition. Materials containing information, the access to which is restricted by statute, regulation, executive order, or court order.
    2. Restrictions. Such information may be disclosed only:
      1. In accordance with the provisions of such statute, regulation, executive order, or court order.
  6. Materials containing information regarding confidential decision-making.
    1. Definition. Materials which contain information that was given in confidence in the period before a determination was made, including but not limited to advice given by attorneys, public accountants, and staff advisors.
    2. Restrictions. Such information may be disclosed only:
      1. If the decision has been made public and the nature of the determination leading to the final decision is known;
      2. If the passage of time is such that release of the information would not impede current decision-making; or
      3. If, in the judgment of the archivist, the public interest in disclosure outweighs the continued need for confidentiality.

(As adapted from Gary M. Peterson & Trudy H. Peterson’s “Model General Restriction Statement” in their Archives & Manuscripts: Law. Chicago, 1985, pp. 62-64)