I Choose Privacy! Intellectual Freedom:Addressing the Privacy Issue in the Academic Library
Training Objectives• Purpose of training session to provide information to faculty and staff members of the Academic Libraries responsibility to provided Privacy of patron records.• Address what Federal, State laws and American Library Association govern the privacy of patron records• Address why libraries ensure the Privacy of Patron Records• Address what is the public right to privacy• Address what is the Library Code of Ethics
Privacy of Library Patron Records & Federal Law• United States Constitution Bill of Rights – Fourth Amendment states: “The right of the people to be secure – First Amendment states: in their persons, houses, papers, “Congress shall make no law and effects, against unreasonable respecting an establishment of searches and seizures, shall not religion, or prohibiting the free be violated, and no warrants exercise thereof; or abridging the shall issue, but upon probable freedom of speech, or of the cause, supported by oath or press; or the right of the people affirmation, and particularly peaceably to assemble, and to describing the place to be petition the government for a searched, and the persons or redress of grievances.” things to be seized.”
Federal Law U.S. Patriot Act• Congress passed legislation in 2001 Sept. 11 in response of the terrorist attack against the United States.• February 2010 Congree voted to renew the legislation.
Privacy of Library Patron Records & State of Ohio Revised Code• Ohio Revised Code – prohibits libraries to release patron information and library records except as authorized in the Revised Code Section 149.432.• 48 states have library privacy laws• http://www.ala.org/ala/aboutala/offices/oif/ifgroups/stateifcc hairs/stateifcinaction/stateprivacy.cfm
Local Library Policy• The mission of Academic Libraries are governed by the fundamental principles of the Library Bill of Rights. (Office of Intellectual Freedom)• http://www.ala.org/oif/policies/interpretatons/privacy
Definitions• Privacy• Confidentiality• Personally Identifiable Information• Library Record
Public Right to Privacy• Privacy gives individuals the power to exercise their right of free speech, free thought and free association; by denying privacy and confidentiality reduces the probability that people will produce new ideas. The fear of monitoring the records of patrons denying an individual of their constitutional rights.• Libraries are prohibited from releasing patron information and library records except as authorized in Revised Code Section 149.432.
Right to Privacy cont.• The Fourth Amendment of the U.S. Constitution provides protection of individuals, "in their persons, homes, papers, and effects from unreasonable searches and seizures" by the government.• The First Amendment protects individuals “freedom of religion, speech, press, and assembly, also implicitly safeguards the right to privacy in the form of freedom of thought and intellect. “
Library Code of Ethics• Keeping the privacy and confidentiality is one of the core values of Librarianship. Patrons should be able to read what ever they desire without the fear of being monitored.• For libraries to flourish as centers for uninhibited access to information, librarians must stand behind their users right to privacy and freedom of inquiry.
Library Code of Ethics• The right to privacy is the right to open inquiry without having the subject of ones interest examined or scrutinized by others. Section III of the ALA Code of Ethics states, “We protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired, or transmitted” (Adams, 2005, p.190).
Basic Library Concepts• Right to privacy – Is the right to one privacy to open inquiry without having ones interest check upon or scrutinized. – Confidentiality means that the library is responsible to keeping personally identifiable information about a patrons and keeps that information private on behalf of the user. – Personally identifiable information pertains to information the library obtains from users for issuance of library access cards, any materials a patron requests, any websites visited and other personal identifications.
Library Record• Library Record(2) “Library record” means a record in any form that is maintained by a library and that contains any of the following types of information:(a) Information that the library requires an individual to provide in order to be eligible to use library services or borrow materials;(b) Information that identifies an individual as having requested or obtained specific materials or materials on a particular subject;(c) Information that is provided by an individual to assist a library staff member to answer a specific question or provide information on a particular subject; “Library record” does not include information that does not identify any individual and that is retained for the purpose of studying or evaluating the use of a library and its materials and services.