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  Preservation Procedure Policy: Take-down policy
Related Guidance Policy
Digital Object
Definition/ Description With “Take-down” here is meant that digital objects will no longer be accessible on purpose.There may be circumstances where a digital object and/or collection needs to be removed (either from public sight or from the repository as a whole) as the organisation does for example not hold the rights for it.  In these cases a clear take-down policy is required, to show the Designated Community and the Producers how the organization will take action if a service will occur.
Why Receive Data For the Designated Community it is important to know which collections the organisations has and what policy there is in relation to their future existence.
Risks Not having a policy for take down or deletion of digital material may endanger the digital material and the legal access to the digital material.
Life cycle stage Access, use and reuse, disposal
Stakeholder Management: needs to that there is a process in place
Collection managers: need to ensure that appropriate material is ingested
Technology Management: needs to ensure that the technical set up can enable successful takedown activities
Collection Management (non Shaman): support management from point of view related to the content to preserve
 
Cross Reference Functional preservation (ingest)
Access
Examples The UK National Archives: “Material will be taken down temporarily on receipt of a request from a member of the public or a government department. The case will then be considered by a Takedown Panel composed of members of staff who provide relevant expertise. The panel will approve continued withdrawal of the material only if one of the following criteria is met:
  • Because of changed circumstances material previously published in good faith is now considered to be subject to an exemption in the Freedom of Information (FOI) Act or the Environmental Information Regulations (EIR) and the public interest lies in withholding it
  • The material is personal information about someone who is still alive and continued online access would be unlawful or unfair to them under the Data Protection Act 1998 or would breach their or their family's right to a private life under the Human Rights Act 1998
  • Making the material available online is an infringement of copyright
  • The material is defamatory or obscene
  • The material acquires sensitivity through being available online, although an FOI/EIR exemption need not be applied to on-site access to the same information in paper format
  • Continued online access would cause a department serious and real administrative difficulties and it has requested takedown for a specified and limited period of time
  • The material was released in error and removal is required to rectify a mistake”  Source: http://www.nationalarchives.gov.uk/legal/takedown-policy.htm
Control Policy Occurrences of events which are covered by take-down policies are quite rare, and it is not possible to automatically test for them. However this event needs to be recorded so control policies about take-down policy might include:
  • Information on preservation events SHOULD use the PREMIS schema
  • Information on preservation event MUST include date undertaken, action and agent

Questions to foster discussions
  • Does your organisation has a policy in case there is a request to take down material due to copyright infringement_?_
  • Does your organization has a policy in case a request to take down material due to privacy matters?
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