Documentos digitales y legislación archivística: el caso de México y Cuba

Abstract

The Documentary Heritage of a nation has a strong component of digital documents that is generated today in public administration. Its management, treatment and access to this documentary specificity are subject to regulation and protection by law. The archival laws of Latin America have in these supports an inescapable challenge. Mexico (2018) and Cuba (2020) are the most contemporary legal bodies and they already evoke these records. With this premise, the objective of this article is to comparatively analyze the legal regulations of digital documents, based on the Archival Legislation of Mexico and Cuba, in order to obtain conclusive assessments that serve as a norm for the Latin American territory. The methodology and techniques used were those inherent to the theoretical-legal field, comparative, analyticaldeductive and technical analysis of legal documents. An evaluative comparison of both corpus was obtained regarding this object of protection and recommendations are inferred, in this sense for Latin America. It was concluded that digital documents are an indissoluble part of the Documentary Heritage; the Mexican and Cuban position of legal protection of the digital document and its archive, in a normative spirit, is not to contemplate the support.