This post provides a short list of resources for public libraries to consider when dealing with privacy policies and cases.

A survey was conducted of the laws of the thirteen states encompassing the Southeastern Library Association. The survey covers what constitutes a library, what indeed is a library record, and differences in the laws of the thirteen states.[1]  According to the survey, all of these states’ library record laws deal with circulation records, but some laws address other items like the use of computers, email, and chat.

A serious law protecting these records was enacted in Michigan; a librarian cannot reveal a child’s reading to a parent or third party[2], and the librarian can be fined if he/she does so; other libraries privacy policies in other states say they will if required.[3] ALA’s book, Fundamentals of Children’s Services discusses the very real conflicts between privacy law, library programs, and parents’ interest and need to know of their child’s reading habits. A discussion of the conflict between parent rights and children’s rights can be found here.

Some libraries are struggling with policies because of the National Rifle Association, FBI, Freedom of Information Act, and other probing by the courts. Others are deleting records so they won’t be available.[4] A source for some privacy information can be found at the Privacy Library of Morrison Foerster (The library indicates they may not have the most current information, and do not include all information related to libraries).

Most states have privacy laws relating to libraries, not just dealing with social, court records and other activities. The succinct rendering of these state laws can be found here: State and Territorial Library Privacy Laws.

References:

[1] Bryan M. Carson, “Surveying Privacy: Library Privacy Laws in the Southeastern United States,” The Southeastern Librarian 49, no. 3 (2001): 18–28, accessed online March 10, 2016.

[2] State of Michigan Legislative Council, “397.604: Violation of MCL 397.603; liability; civil action; damages; attorney fees and costs,” The Library Privacy Act, MI Act 455 (1982), § 397.604, sec. 4, accessed March 10, 2016.

[3] “Privacy and confidentiality of library records: Parents and children,” Multnomah County Library, May 7, 2015.

[4] Sam Thielman, “You are not what you read: librarians purge user data to protect privacy,” Guardian (Manchester), January 13, 2016.

Further Reading:

Lucy Kelly, “Library Records, Patron Privacy, and Library Policies,” Public Libraries Online.

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The confidentiality of patron records is a long-standing issue, particularly since the Patriot Act spurred concerns about patrons’ reading histories, who has access to these records, and under what circumstances the records might be disclosed to authorities. These questions are still being explored, as very few cases on the exact issue of library patron records and privacy have been brought before the courts (though it is also worth considering that other recent library litigation cases have addressed related issues in the broader sense, such as computer use in libraries and censorship; both are matters that could conceivably tie into the patron record).

Obviously, the ILL record is just one aspect of the patron’s information resource accessing experience; as librarians observe, many patrons check out books from their local branch and/or use library Internet connections, electronic research resources and library software programs. Each one of these activities arguably necessitates separate discussion in the portions of a library policy that cover topics such as data use and procedures for responding to requests from law enforcement authorities.

Another notable feature of the recent article is the librarian’s observation that no specific event precipitated the decision to purge user data from ILL records; instead, the general intention to protect patron privacy apparently motivated this action.[1] A library is also responsible for safeguarding patron information so it does not get disclosed to outside sources, both because the reading history is private and because a patron record has personal information that could make an individual susceptible to identity theft or other intrusions into their personal domains.

One reason for these protections is that a library is a place of free exploration, and if privacy is compromised, then it could have “chilling effects” on information-seeking behavior; for example, a patron might decide not to request controversial material due to fears for their privacy, which would be an unfortunate situation that a library is advised to take steps to avoid by making patrons aware of the library’s policies on data privacy and protection.

As I read this article, the conclusion I reached was this: it is a good idea to keep informed on the latest developments in library patron privacy laws and policies. Each state has its own laws on library environments, and state law libraries provide excellent resources on recent state-level legislation and court cases. In addition, it appears that patron privacy correlates with a library’s central mission of encouraging reading and library use. That said, while patron records are generally protected and confidential, there may be certain, very rare exceptions where a library does need to disclose information to authorities, but again, it is important to remember that these occasions are very much the exception and not a frequent occurrence.

Seeking Counsel

Library directors may wish to seek counsel from municipal attorneys or attorneys who serve on their boards in order to prepare for these situations, educate their staff, and update policies. Here are some suggestions:

• Contact your local bar association and request a free or low-cost consultation with an attorney who has experience in library policies and data privacy.
• Seek out a law professor who researches data privacy and might be interested in speaking to the library community.
• Request that a local judge address the library so that patrons and library staff are able to learn important information on the legal process.
• Contact federal and state representatives and request listening sessions for staff and/or patrons. This representative could educate staff and the public on the latest developments in data privacy laws as they relate to public libraries.

References:

[1] Sam Thielman. “You are not what you read: librarians purge user data to protect privacy,” Guardian, January 13, 2016.

Resources:

Library Freedom Project

Developing or Revising a Library Privacy Policy

Questions and Answers on Privacy and Confidentiality

The post Library Records, Patron Privacy, and Library Policies first appeared on Public Libraries Online.

The Senate will vote this afternoon on meaningful reform to the USA PATRIOT Act, but the new act can’t pass without your help. Let Congress know you want to preserve privacy rights for all Americans and create better futures for the children and families you serve. Find instructions for contacting your members of Congress about the USA FREEDOM Act (S. 2685) at ALA’s Legislative Action Center. Seriously, it only takes two minutes!

The post ACTION ALERT! Ask your members of Congress to pass the USA FREEDOM Act. first appeared on Public Libraries Online.