23 June 2017

Why the National Archives was no Friend of the Court

Earlier last year, we commented on the case of Lee Wei Ling and Lee Hsien Yang vs Attorney-General that due to their specialist knowledge and unique mandates, the National Archives of Singapore, its fellow SARBICA member associations, or even the International Council of Archives should have submitted an amicae curiae brief to the court if they were not approached by either side to testify.

We argued that a community of archival experts could have provided their perspective on how archival institutions are mandated, given authority and institutional independence, and governed via a clear set of legal frameworks and strict operational and ethical guidelines to handle "secrets", "copyright", and "ownership".

At that time, we were confident that had the NAS or its fellow international archival bodies raised their voices on archival procedure and copyright, the case could've been settled differently, and we were perplexed on their no-show. That is, until today.