1. Running head: LIBRARY PRIVACY IN THE MODERN ERA 1
Library Privacy in the Modern Era
Deidre Black
University of North Texas
SLIS 5000
August 4, 2014
Dr. Xin Wang
2. LIBRARY PRIVACY IN THE MODERN ERA 2
Abstract
This report examines library privacy and how it is being compromised in the technological age.
It provides specific instances of how the ALA Code of Ethics and the Library Bill of Rights are
being bypassed as libraries broaden their services and how the U.S. government violates patron
privacy through the Patriot Act. The report acknowledges the need for technological evolution in
libraries in order to maintain relevance, while also keeping a sharp eye on patron privacy issues.
Certain authors cited in this report express concern over online chats and forums posted to
library sites and also self-service holds—all of which encourage exposure of patrons, their
personal information, reading habits and possibly more. Other authors referenced take a less
rigid view, calling for overhauls of the library system and encouraging a greater amount of
information sharing and user options that are not in keeping with traditional library policy. This
report presents these differing points of view while giving real-world examples of how library
websites and policies are changing in the age of social media. It also contends that, in an age in
which people seem less concerned for their own privacy, public and academic libraries still have
an obligation to protect them.
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Breaches in Library Privacy
Privacy is simply the right and expectation to be left alone (Shuler, 2004). The ALA Code of
Ethics and the Library Bill of Rights are guidelines or social contracts which dictate how libraries
should preserve this privacy for their patrons. In an age when personal information is being
circulated at a dizzying rate, library professionals find themselves in a precarious position.
Following the 9/11 attacks, the Patriot Act was signed into law in order to intercept and combat
acts of terrorism. However, the Patriot Act includes sections that are relevant to libraries and
carry the potential to damage and erode the library-patron relationship. Section 215 permits the
federal government to seize “borrowing records as well as records of Internet activity in a public
library” (Drabinski, 2006). A gag order provision in Section 215 prohibits librarians from
discussing these seizures of patron information with anyone other than a staff member for the
purposes of producing the requested materials and an attorney. Section 505 contains a gag order
which is not subject to judicial oversight (Hill & Delaney, 2013). This can all occur without a
patron ever being made aware that their information has been seized.
A recent library amenity, the self-service hold, also threatens the privacy of patrons. This
practice is popular with customers and librarians alike, but it comes with possible privacy risks.
“For example, if the library places hold materials on an open shelf for patrons to peruse…other
patrons will be able to discover what materials are being requested by particular patrons”
(Stevens, Bravender, & Witteveen-Lane, 2012). In a personal investigation, it was discovered
that the Freeman Library in Houston (part of the Harris County Public Library System), places
self-service holds inside yellow envelopes in an attempt to preserve privacy, and patrons’ full
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names are written on the outsides. The shelving area where these items are situated is seldom
monitored, however, allowing patrons access to others’ requested materials.
Library 2.0 could be the “next big thing” for libraries, keeping them relevant in an age of social
networks, blogs, instant messaging and online rating systems. Unfortunately, these kinds of
activities bring with them an element of vulnerability for participants. “Library patrons could
potentially be required to create user accounts, engage in activities that divulge personal interests
and intellectual activities” (Zimmer, 2013). Ideally, patrons’ activities are protected and private,
as outlined in the ALA Code of Ethics and Library Bill of Rights. Although libraries must follow
trends in order to maintain relevancy, encouraging patrons to essentially expose themselves is
deemed unethical by ALA standards. The Harris County Public Library website supports patron
forums and book reviews through a third party vendor, EngagedPatrons.org. In creating their
accounts, some participants chose to divulge their names, jobs, details about their families,
personal photos and a list of books they had read ([HCPL Adult Reading], n.d.). This is being
done on the library’s watch.
MAA (mutually assured anonymity) is the balance between patron privacy and academic
freedom that university or school librarians strive to achieve. In an electronic era when students
must be identified in order to borrow or browse information, this anonymity is being
compromised. Technologies such as Radio Frequency Identification are being used to identify
patrons in academic libraries, and their electronic activities are all being tracked. “As long as the
user signs on legitimately, resources used, Web sites visited, people who exchanged email,
instant messages, or chatted with is all documented in some fashion and kept track of by the
technology” (Shuler, 2004). This retention of information is a violation of privacy according to
the ALA Code of Ethics and the Library Bill of Rights. “There is a great difference between the
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passive accumulation of personal data for a variety of legitimate purposes and the deliberate,
active invasion of privacy. The former has potential for abuse, the latter is abuse” (Gorman,
1999).
A Struggle for Privacy
For those information professionals that remain ever-vigilant against forces which threaten
library core values and missions, retaining rights to privacy has become a constant battle. In
response to those sections of the Patriot Act which basically ignore patron privacy, libraries and
librarians have been taking a stand against the U.S. government. Emily Drabinski in her 2006
article writes that “resistance by librarians has taken many forms, including local actions meant
to inform patrons about the abridgement of their rights” (2006). At work, some librarians have
begun posting highly-visible flyers, alerting patrons that they may be monitored without their
knowledge or consent. The ALA website now includes support and advice on what librarians
should do if they happen to be subpoenaed under section 215 of the Patriot Act.
Drabinski references Doe v. Gonzalez in which “four Connecticut librarians challenged the gag
order embedded in Section 505 of the Patriot Act” (2006). Their case was dropped, with no
compromise provided by the government. The ALA has been lobbying in the House of
Representatives and the Senate in an effort to have library records exempted from the set of
documents that may be seized under the Patriot Act (Drabinski, 2006). These efforts have also
ended in failure, as Section 215 was recently re-authorized and Section 505 has been made into a
“permanent federal statute” (Hill & Delaney, 2013).
In response to privacy issues surrounding self-service holds, the ALA Council sent out a press
release urging “all libraries that implement self-service holds to protect patron identity by
6. LIBRARY PRIVACY IN THE MODERN ERA 6
adopting practices and procedures that conceal the library user’s personally identifiable
information in connection with the materials being borrowed” (2011). Lackluster management of
self-service holds directly violates the ALA Code of Ethics, which states “we protect library
user’s right to privacy and confidentiality with respect to information sought or received and
resources consulted, borrowed, acquired or transmitted” (as cited in American Library
Association, 2011).
Facebook and Information Commodities
“The point is that it is not technology that is the enemy of privacy but our joyful use of
technology. We give away something of ourselves each time we engage in online transactions”
(Gorman, 2001). As a society, most of us have online accounts for multiple websites (social
media sites, shopping sites, etc.) and multiple devices that connect to the Internet. We share
photos, vacation plans, opinions and ideas on a regular basis. Following this popular trend, David
Weinberger urges libraries to become more like Facebook, in that they offer any and all
information to their users by becoming a sort of platform with an unlimited set of resources. He
envisions a library website that offers products and services produced by non-employees, just as
Facebook allows third-party apps, such as the very popular Candy Crush. In addressing privacy
concerns, he contends that “increasingly many…users don’t care all that much about the privacy
their libraries are protecting” (Weinberger, 2012). If his vision were to become reality, library
users could fall prey to third parties whose privacy policies are more lax than those of the library.
When library patrons click third-party hyperlinks, their personal information is at risk. In the
instance of Facebook, in order for users to play Candy Crush, they must give permission for
Candy Crush to access to their personal profiles, email address and friend list. This tactic is used
to lure more people toward their product. Retained patron information is a precious commodity
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for some commercial organizations in order to gain clients or customers. When patron
information carries a price tag, libraries need to ensure privacy measures are in place to protect
their privacy and interests.
Conclusion
Michael Zimmer states that libraries now find themselves “at a crossroads: several of the services
traditionally provided within their walls are increasingly made available online, often by non-traditional
sources, both commercial and amateur, thereby threatening the historical role of the
library in collecting, filtering, and delivering information” (2013). Now, more than ever, it is
important for librarians to be vigilant when protecting patron privacy. Shirking this responsibility
could destroy libraries if patrons feel vulnerable and choose to stay away.
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References
American Library Association. (2011). ALA resolution promotes library user confidentiality in
self-service hold practices [Press release]. Retrieved from http://www.ala.org/news/press-releases/
2011/08/ala-resolution-promotes-library-user-confidentiality-self-service-hold
Drabinski, E. (2006). Librarians and the Patriot Act. Radical Teacher, (77), 12-14.
Gorman, M. (2001). Privacy in the digital environment--issues for libraries. Retrieved from
http://archive.ifla.org/IV/ifla67/papers/145-083e.pdf
[HCPL Adult Reading] (n.d.). Retrieved July 28, 2014 from
http://www.engagedpatrons.com/read/index.cfm?SiteID=7037&ReadID=316
Hill, J. & Delaney, J. (2013). The USA Patriot Act in 2013: What it currently means for libraries.
Retrieved from http://www.ila.org/the-usa-patriot-act-in-2012-what-it-currently-means-for-libraries
Shuler, J. (2004). Information policy privacy and academic libraries: Widening the frame of
discussion. Journal of Academic Librarianship, 30(2), 157-159.
Stevens, R. S., Bravender, P., & Witteveen-Lane, C. (2012). Self-service holds in
libraries. Reference & User Services Quarterly, 52(1), 33-43.
Weinberger, D. (2012). Library as platform. Library Journal, 137(18), 34-36.
Zimmer, M. (2013). Assessing the treatment of patron privacy in Library 2.0
literature. Information Technology & Libraries, 32(2), 29-41.