The article 2014 of the Civil Code has been recently modified.  In  order  to  make this decision, the legislator took in consideration two reasons: theaffirmation that the record entry doesn’t countswith its own substantivity, and that the necessityof adopting measures to fight against fraudulentacts that might affect the owners.Following this modification, the author presents a comparative analysis of the before and after of the option the legislator took, and takes position after putting himself in the side of third parties. From a juridical and economical point of view, he studies the modification and concludes that, apart from not resolving the problems it had to solve, generates damages that affect the third parties and the market. / El artículo 2014 del Código Civil ha sido recientemente modificado. Para tomar esta opción, el legislador se basó en dos razones: la afirmación deque el asiento registral no cuenta con sustantivi-dad propia, y la necesidad de adoptar una acciónpara combatir los actos fraudulentos que puedanafectar a los propietarios.A raíz de dicha modificación, el autor nos plantea un análisis comparativo del antes y después de di- cha opción del legislador, y toma una posición al respecto al colocarse en el lugar de los terceros. Desde un estudio tanto jurídico como económico de la modificación, concluye que ella, además de no resolver los problemas que se planteó solucio- nar, genera un perjuicio tanto a los terceros como al mercado.

The purpose of this project was to develop an E-government plan to achieve the Ministry of Interior of Thailand's objective to better serve its citizens in the next 5 years by utilizing and taking advantage of the use of information technology and communication networks.

Studien undersökte regleringar som vägleder arkivarier Sverige, vilket omfattade intervjuer med åtta olika arkivarier som arbetar för svenska kommuner, regioner och statliga myndigheter. Studiens teoretiska utgångspunkt omfattade Lawrence Lessigs ”pathetic dot theory” med fyra modaliteter (lagar, sociala normer, marknad och arkitektur) som användes vid analysen för att förklara intervjuresultaten. Paralleller drogs mellan tidigare litteratur och resultatet från intervjuerna för att kontextualisera och skapa en bättre förståelse av svaren. Studien visade att det finns annat än lagar och föreskrifter som kan påverka arkivarier vid gallring av allmänna handlingar. Dessa faktorer inkluderade normer och sociala strukturer, samt brist på förståelse för gallringens innebörd och hur det ska utföras. En ytterligare faktor var arkivariens förutsättningar för att använda sin kompetens för att nå ut i verksamheten. / This study examined the regulations that guide archivists in appraisal work in Sweden. The study is centred on interviews with eight different archivists working for swedish municipalities, regions, and public authorities. Lawrence Lessigs’ ”pathetic dot theory” with four modularities (the law, social norms, the market and architecture) were used to in the analysis to explain the interview results. Parallels were drawn between previous literature and the result from the interviews to contextualise and create a better understanding of the responses. The study showed that there are several factors other than laws and regulations that can affect archivists in appraisal work of public records. These factors included norms and social structures. Another factor were a simple lack of understanding on the meaning of appraisal and how it should be performed. Yet another factor were inadequacies in archivists’ work conditions which may hinder them to use their expertise in the workplace.

Introduction. Previous research has shown that the increasing demands of research data management have proven to be challenging to both researchers and research support. The aim of this thesis is to investigate the process of managing, archiving, and sharing research data and what challenges it faces. Furthermore, it aims to investigate what the archivist’s role is and should be in this process and how archivists and researchers communicate and collaborate with each other.  Method. To pursue this aim, a qualitative method was used, consisting of semi-structured interviews with archivists from seven different public universities in Sweden, with three larger universities and four smaller ones. Analysis. For the analysis a thematic method was used, where similarities and differences, views and opinions were identified and categorized into different themes. Result. The result showed that a fundamental challenge is for the archivists to reach out to the researchers with the information and knowledge that they need and how to make that information comprehensible. The result further showed that several of the interviewed archivists believe that the current focus of resources and demands aimed at the development of open data is misdirected and contra productive because the researchers are more interested in and have a greater need of safe storing and proper archiving of their research data, rather than making it open. Conclusion. The investigation concludes that there is a great need for new ways for archives and other research support to reach out to researchers with information on research data management and that this requires more resources. It furthermore concludes that there is a need to further investigate what researchers truly need for them to properly manage and preserve their research data in the long term and what role the archivist will play in this development.  This is a two years master’s thesis in Archival science.

The study aims to investigate how Swedish governmental agencies deal with persons who make excessively large amounts of freedom of information requests. These persons, who can be said to suffer from justice obsession syndrome, often consume an unproportional amount of government agency resources. More specifically, the study investigates whether Swedish government agencies have created formal rules and guidelines on how to handle these citizens and how employees of these agencies view the handling of these cases. The material consists of interviews conducted with ten employees at nine diffrent Swedish government agencies. In addition 24official guidelines where collected from 22 diffrent Swedish government agencies. Trancripts from the interviews and the official guidelines fomed the data of analysis. The study concludes that the majority of the Swedish governmental agencies have well-established routines when dealing with these persons and their freedom of information requests. This regardless of how often or how rarley they deal with this.

The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) stipulates that every person has the right of access to information held by government. To give effect to this right, legislation in the form of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) was promulgated. This study explores the access to information regime that was established by die aforementioned legislation with specific reference to similar regimes in the United States of America, Australia, New Zealand and Canada. Attention is also devoted to the prerequisites and potential obstacles associated with the implementation of the Promotion of Access to Information Act, 2000. Based on the practices in other states, the conclusion was reached that the nature of information that may be requested in the South African context should be expanded, that cabinet records should only be excluded to the extent that disclosure thereof would be harmful, that frequently requested records should be made automatically available and that decision-making guidelines of government institutions should be published. As far as procedural requirements are concerned, it is proposed that information officers should acknowledge receipt of requests and that, where necessary, records should be translated to ensure that they are useful to a requester. It is further proposed that the wording of the ground of refusal regarding policy formulation and decision-making in government institutions be amended to take account of the consequences of disclosure. It is imperative that appeal and review mechanisms be accessible to members of the public and it is therefore proposed that an information commissioner be instituted to settle disputes in information related matters. Lastly it is proposed that sanctions be imposed against officials who deliberately undermine the public's right of access to information and that separate units be established in government institutions to deal exclusively with requests for access to information. / Public Administration / D. Litt. et Phil. (Public Administration)

The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) stipulates that every person has the right of access to information held by government. To give effect to this right, legislation in the form of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) was promulgated. This study explores the access to information regime that was established by die aforementioned legislation with specific reference to similar regimes in the United States of America, Australia, New Zealand and Canada. Attention is also devoted to the prerequisites and potential obstacles associated with the implementation of the Promotion of Access to Information Act, 2000. Based on the practices in other states, the conclusion was reached that the nature of information that may be requested in the South African context should be expanded, that cabinet records should only be excluded to the extent that disclosure thereof would be harmful, that frequently requested records should be made automatically available and that decision-making guidelines of government institutions should be published. As far as procedural requirements are concerned, it is proposed that information officers should acknowledge receipt of requests and that, where necessary, records should be translated to ensure that they are useful to a requester. It is further proposed that the wording of the ground of refusal regarding policy formulation and decision-making in government institutions be amended to take account of the consequences of disclosure. It is imperative that appeal and review mechanisms be accessible to members of the public and it is therefore proposed that an information commissioner be instituted to settle disputes in information related matters. Lastly it is proposed that sanctions be imposed against officials who deliberately undermine the public's right of access to information and that separate units be established in government institutions to deal exclusively with requests for access to information. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

The purpose of this study was to critically analyse the evidence-based revelations from the South African Office of the Auditor-General on the records management challenges being encountered in the local government sector. The aim of the study was the analysis of available evidence and the proposal of solutions for collaborative planning and implementation. The lack of strategic planning in ensuring the accessibility of authentic information sources required during auditing remains unchallenged by the South African public archivists and records managers. These audit reports are required to demonstrate governance, transparency and accountability. This information held in the records of local government is also required to satisfy service delivery and plan development ventures. The World Bank, International Monetary Fund and United Nations formulated an ambitious agenda to eradicate world poverty by 2025. Eight millennium development goals were identified that would provide impoverished communities with better access to basic services and conditions spurring sustainable development. Governance-based criteria were identified as barometers to gauge transparency, accountability, respect for the rule of law and citizens’ rights. Consolidated audited reports from 2000 to 2013 were scrutinised to unravel the conundrums relating to governance, transparency and the management of public sector information sources. According to the 2013 report, only 5% of the local government sector managed to attain clean audits. Related evidence revealed in the unclean audit reports and media narratives related to service delivery and community protests. The approach used for the study was the qualitative methodology, regarded as an appropriate method for the archival discipline. This research method allowed for the incorporation of interdisciplinary and multidisciplinary fields of interest. The case study method design enabled the focus of the study to be on local governments and six selected community development ventures in different areas of South Africa. The latter method enabled information collection from records officials and persons involved with socio-economic development projects. Sound interventions are needed to ensure evidence-based governance. This, in turn, would create favourable conditions for development endeavours in post-apartheid South Africa. / Information Science / D. Litt. et Phil. (Information Science)

I och med att det finns en möjlighet till otillåten gallring, och därmed risk för allmänhetens bristande insyn i svenska statliga myndigheters verksamhet, var syftet med denna uppsats att se i vilken utsträckning en handläggare har praktisk makt över bevarande och gallring hos svenska statliga myndigheter. Vidare var uppsatsens syfte att redovisa vilka faktorer i myndigheternas egen verksamhet som bidrog till utfallet av hur handläggare hanterade bevarande och gallring.   Som metod har intervjuer gjorts med arkivarier och handläggare på två olika svenska statliga myndigheter för att se om myndigheternas verksamheter påverkade hur handläggare valde att bevara eller gallra handlingar som de hanterade. I undersökningen deltog en mindre myndighet och en större myndighet med syftet att undersöka om olika verksamheter kunde påverka vem som hade den praktiska makten över bevarande och gallring hos myndigheterna.   Som teorimodell användes verksamhetsteorin och verksamhetssystemet för att systematisera och redovisa resultaten av undersökningarna. Ännu en teorimodell som lyftes fram i uppsatsen var Records Continuum Model som visade på informationens olika dimensioner och vikten av att fånga och organisera handlingar så att det finns en möjlighet att tillgängliggöra dem.   De två fallstudierna visade att det förekom att handlingar inte hanterades efter de regler och rutiner som tagits fram för den ena av myndigheterna. Resultatet visade också att hur verksamheten såg ut hos myndigheten starkt påverkade den praktiska makten som handläggare gavs för att ta ställning till bevarande och gallring av vissa handlingar. Resultatet visade att för en myndighet med många anställda och större informationsflöden har arkivarien svårt att nå ut med information och rutiner på ett bra sätt och handläggare hade mindre tid till att värdera informationen. / There is a suspicion of increased destruction of documents when the Administrative Officer manages the records appraisal in Swedish government authorities, which can lead to a problem regarding the transparency and public access to information. The aim of this thesis was to contribute with knowledge about in which extent an Administrative Officer has the power over practical records appraisal in Swedish government authorities and to find out if the practical power depended on activities within the agencies.   Interviews with Archivists and Administrative Officers at two different Swedish government authorities were conducted in order to see if the activities within the authorities affected how Administrative Officers handled the records appraisal. The study involved a small and a large authority to examine whether different activities could affect the practical power over records appraisal.   The activity theory was used to introduce, present and analyze the survey results. Records Continuum Model is another theory model that was highlighted in the thesis to show the importance of planning the records management even before a record is created.   The result of the case studies showed that there were records not handled according to the rules and policies for one of the studied authorities. It was revealed that Administrative Officers had some practical power over appraisal. The result also showed that the activities within the authorities strongly affected the practical power which Administrative Officers was given. It was shown that, in an authority with a large number of employees and greater flow of information, the Archivist did not reach out with information and routines to the employees. Administrative Officers also had less time to evaluate information when the number of e-mail was a problem.

Effective e-records management is considered an integral part for successful implementation of e-government. While many previous studies have been carried out on e-government implementation, few investigated e-records management in supporting successful implementation of e-government in Tanzania with a view to developing the best framework. The specific objectives of the study were to: determine e-records readiness in the Tanzania Public Service; assess e-government implementation status in the Tanzania Public Service; establish the effectiveness of existing e-records legal, policy and regulatory framework in support of e-government; determine the e-records knowledge and skills of staff in the Public Service; find out the extent to which the National Archives (RAMD) is involved in the management of e-records and e-government implementation in the Public Service; and to develop a framework for the management of e-records and e-government implementation. The study based on interpretive research paradigm and adopted qualitative research method. A sample size of 50 respondents was drawn from four public offices namely: the Ministry of Public Service (PO-PSM), Tanzania Communications Regulatory Authority (TCRA), E-Government Agency (e-GA) and the Records and Archives Management Department (RAMD). Data was collected through interviews and personal observation and was analysed using thematic analysis. Findings revealed that although there is evidence of availability and use of e-records across government institutions in Tanzania, the e-records readiness and efficiency levels in support of e-government were low; the management of e-records is not yet streamlined to the majority registries; and e-Government implementation maturity level is low. Findings revealed that although there is evidence of availability and use of e-records across government institutions in Tanzania, the e-records readiness and efficiency levels in support of e-government were low; the management of e-records is not yet streamlined to the majority registries; and e-Government implementation maturity level is low. Further findings indicated that the existing legislations, policies and regulations are inadequate and ineffective particularly on matters relating to e-records management and e-government implementation; records personnel, action officers and IT staff were not conversant with procedures and practices of e-records management; and that, there is poor involvement of RAMD in ERM a situation that slows down implementation e-government. The study concluded that, the current practices for managing electronic records in support of e-government implementation in Tanzania were inadequate. Even the existing national e-government strategy does not incorporate the management of electronic records as an important aspect towards successful implementation of e-government in the country. The study has recommended a framework for effective management of e-records in support of e-government implementation; e-records management training for records personnel, IT staff and secretaries; development of RAMD website; identification of ERM software specifications; customization of ISO standards to suit Tanzanian environment; amendment of the existing Archival legislation; and benchmarking from successful governments. / Information Science / D. Litt. et Phil.(Information Science)