Privacy and the Library

  • Published on

  • View

  • Download


Privacy and the Library. April Martin, Jonathan Koroshec, Deb Hamilton, Heidi Kittleson and Lyndsey Runyan. Overview. Moore, Privacy: Its Meaning and Value What is Privacy? Laws and Programs Concerning Privacy Historic Privacy Cases Ethics of Privacy in Libraries Privacy Exercises - PowerPoint PPT Presentation


Privacy and the Library

Privacy and the LibraryApril Martin, Jonathan Koroshec, Deb Hamilton, Heidi Kittleson and Lyndsey Runyan.OverviewMoore, Privacy: Its Meaning and ValueWhat is Privacy?Laws and Programs Concerning PrivacyHistoric Privacy CasesEthics of Privacy in LibrariesPrivacy ExercisesChallenges and Solutions

Moore, Privacy: Its Meaning and ValueBodily Privacy

The right to control access to ones body capacities and powers (215).Information Privacy

The ability to control patterns of association and disassociation with our fellows that afford each of us the room to become distinct individuals (215). Moore, Privacy: Its Meaning and Value

A right to privacy is the right to maintain control over the inner sphere of personal information and access to ones body, capacities, and power (218).

Controlling access to ourselves affords individuals the space to develop themselves as they see fit (216).Moore, Privacy: Its Meaning and Value

Rights are not free floating moral entities-rather, they are complex sets of claims, duties, obligations, powers, and immunities (217).

Privacy helps to stabilize groups and social orders (222).

Our physical surroundings help to facilitate privacy-doors, hallways, locks (222). Moore, Privacy: Its Meaning and Value

Schwartz, Privacy helps maintain status divisions within groups. A mark of status is a heightened level of access of control (222).Moore, Privacy also protects and leaves room for deviation within groups. Via deviation and experiments in living new ideas are introduced into groups and if good, are adopted (222). What is Privacy?Oxford English Dictionary defines privacy as: The state or condition of being withdrawn from the society of others or from public interest; seclusion.

Warren and Brandeis: The right to be left alone.

ALAs definition of a right to privacy in a library (physical or virtual):The right to open inquiry without having the subject of ones interest examined or scrutinized by others.

ConfidentialityThe ALA makes a distinction between privacy and confidentiality: Confidentiality exists when a library is in possession of personally identifiable information about users and keeps that information private on their behalf.

Why privacy is important:We dont want people to have to make a choice between library services and privacy.One cannot exercise the right to read if the possible consequences include damage to ones reputation, ostracism from the community or workplace or criminal penalties. -Office for Intellectual Freedom of the ALA.

Why is privacy so important in libraries?It is the right to search and receive information without fear of government profiling, or exposure to your community or family. (Klinefelter, p. 256)

In order to promote a free society people must have the ability to access any information without being scared of the consequences. This is important in order for our society to achieve intellectual and spiritual maturity.

Legally we have an obligation to protect patrons privacy.

Laws and Policies That Support Privacy1st Amendment- Privacy in association. 3rd Amendment-Privacy in the home.

4th Amendment- Individual privacy over person, houses, papers, and effects.Laws and Policies That Support Privacy5th Amendment- Zone of privacy to prevent self incrimination.

14th Amendment-Due process and equal protection under the law, especially with regard to sexual and marital activity.

Laws and Policies That Support PrivacyPersonally Identifiable Information- Privacy Act of 1974.

Consumer privacy laws- Electronic Fund Transfer Act, Right the Financial Privacy Act, Fair Credit Reporting Act, Gramm-Leach-Bailey Act (GLBA), and Federal Trade Commission Policies.

Medical Privacy- HIPAA.

Laws and Policies That Support Privacy in LibrariesFERPA- Family Education Rights and Privacy Act

ECPA- Electronic Communications Privacy Act

COPPA- Childrens Online Privacy Protection Act

NCIPA- Neighborhood Childrens Internet Protection Act.

State Laws and StatutesLaws and Policies that Interfere with PrivacyNational Security Programs- Foreign Intelligence Surveillance Act (FISA)Terrorism Information Awareness (TIA) and LifeLogNovel Intelligence from Massive Data (NIMD)Multistate Anti-TeRrorism Information eXchange (MATRIX)Computer Assisted Passenger Prescreening System II (CAPPS II)DCS1000 aka CarnivoreLaws and Programs That Interfere with Privacy in Libraries1970- Senate Subcommittee on Investigations requested the ATF division of the IRS to create a broad program to investigate who was reading about explosives and guerilla warfare.

Laws and Programs That Threaten Privacy in LibrariesSenator Sam Irvin (D-NC), Throughout history, official surveillance of the reading habits of citizens has been a litmus test of tyranny.

Resolved with guidelines agreed to by the ALA and the IRS that recognized the right of patron policy as well as the governments responsibility for conducting investigations.Library Awareness ProgramLibrary Awareness Program- operated by the FBI from 1973-1980s.

1) To restrict access by foreign nationals, particularly Soviet and East Europeans, to unclassified scientific information.

2) To recruit librarians to report on any foreigners using Americas unclassified scientific libraries. Library Awareness ProgramBrought to public attention by a New York Times article in 1987 which outlined a visit by FBI agents to Columbia University.

1988 Congressional hearings

1988 ALA passed a Resolution in Opposition to FBI Library Awareness Program. USA PATRIOT ActPassed quickly with a wide margin after 9/11. Rep. Jim McDermott referred to the bill as a wish list of legislative and law enforcement changes.USA PATRIOT ActIncreases law enforcements ability to search records. Regulates financial activity of foreign individuals and entities. Broadens discretion in detaining and deporting immigrants. Broadens the definition of terrorism to include domestic terrorism.

USA PATRIOT Act in LibrariesIncreases use of National Security Letters allowing for searches without a court order that include a gag order.

The ALA challenged the extension of FISA, requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.USA PATRIOT Act in LibrariesIn a resolution passed on June 29, 2005 the ALA stated that "Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity.ALAs stance criticized by Ashcroft and others as fear-mongering.USA PATRIOT ActMost of the act was reauthorized in 2005.

Changes included gagged NSL recipients being allowed to contact an attorney, however they have to notify the FBI of who they contact, and their attorney is gagged.

Limited searches within libraries to electronic communications via Additional Reauthorization Amendments Act.

Historic Privacy Cases 1923-1972: Paving the Way for our Future Concepts of Privacy Rights

2525Interpreting the Bill of RightsMeyer v. Nebraska (1923)Pierce v. Society of Sisters (1925)Olmstead v. United States (1928)Skinner v. Oklahoma (1942)Tileston v. Ullman (1943)Poe v. Ullman (1961)Griswold v. Connecticut (1965)Loving v. Virginia (1967)Katz v. U.S. (1967)Eisenstadt v. Baird (1972)Roe v. Wade (1972)

Ethics of Privacy in LibrariesALA Code of Ethics

ALA Library Bill of RightsIncluded in the ALA Intellectual Freedom ManualMore focus on privacy in the libraryInterpretation of the Library Bill of Rights

ALA Intellectual Freedom Principles for Academic Libraries

27Weve read the Code of Ethics from the ALA already. I just want to reiterate the third statement: 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.To provide support for libraries, the ALA has published theLibrary Bill of Rights and an Intellectual Freedom Manual 7th edition published in 2006. This latest edition of the manual added materials and statements focusing on privacy. It guided questions asked by libraries and offered information about interpreting the Library Bill of Rights.

27Ethics of Privacy in LibrariesI. Resources should be provided for the entire community.II. Libraries should provide resources presenting all points of view. III. Libraries should challenge censorship.IV. Libraries should cooperate with those concerned with resisting abridgment of free expression and free access to ideas.V. A persons right to use a library should not be denied or abridged because of origin, age, background, or views.VI. Meeting spaces should be available to anyone.

28ALA Library Bill of Rights was adopted in 1939 and has been reviewed and edited frequently since then. The last revision was made in 1996. The Rights are seem pretty straight forward, but there are always situations when they are ambiguous and need concrete examples to push the meaning. In 2006, the ALA published the Interpretations of the Library Bill of Rights to put some perspective on them and hopefully make them more understandable.

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.V. A persons right to use a library should not be denied or abridged because of origin, age, background, or views.VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

28Ethics of Privacy in LibrariesInterpretations of the Library Bill of Rights

Access to Digital Information, Services, and NetworksIntellectual Freedom Principles for Academic LibrariesPrivacy29There were several interpretations and explanations of the articles of the Bill of Rights. Im just going to touch on a couple of them the ones that specifically mention privacy and confidentiality.

And how they are related to Privacy probably begin with the Privacy one and then move on to the other two as examples29Ethics of Privacy in LibrariesPrivacy

The American Library Association affirms that rights of privacy are necessary for intellectual freedom and are fundamental to the ethics and practice of librarianship.30Privacy rights of the users according to the Lib Bill of Rights:When users fear their privacy is at risk, freedom of inquiry does not exist.The user should have control of his or her choices as much as possible (this means within selecting resources, accessing them and using the information).Users have the right to know what the policies and processes of the use of their personal information are. Responsibilities in Libraries-Library professionals facilitate NOT monitor access to info.-Regardless of the technology, the people who USE the technology (employees) must have an obligation to protect the information of the users. 30Ethics of Privacy in LibrariesIntellectual Freedom Principles for Academic Libraries

A strong intellectual freedom perspective is critical to the development of academic library collections and services that dispassionately meet the education and research needs of a college or university community.

31Although there has been talk about creating an academic library Bill of Rights, one has not been approved by the ALA; however, 12 principles were approved in 1999.

These suggest the library work with the Bill of Rights as well as the academic community ethics. Principles that focus specifically on privacy and confidentiality are mentioned throughout. Privacy must be inviolable. Personal information must be confidential. Open and unfiltered internet access should be available the content-based databases should be accessible to everyone in the library. Users of the academic library must not be profiled or discriminated because of disabilities, religious belief, economic status, gender, race, etc.

31Ethics of Privacy in LibrariesAccess toDigital Information, Services, and Networks

Information retrieved, utilized, or created digitally is constitutionally protected unless determined otherwise by a court of competent jurisdiction.

32This explanation emphasizes the importance of libraries responsibilities to provide privacy and confidentiality within the virtual library regarding digital information and services and networks.

Digital information should be available to anyone who enters the library and it will be protected from other users, librarians, vendors and third-party organizations. 32Privacy ExercisesFor these exercises we need people to clump together into groups of about 5. What would you do in this scenario? If something needs to be done, how would you go about it? What rights are present or lacking?Please take five minutes and then share your thoughts.

Scenario 1You are visiting the Fremont Public Library. You have your children with you and are heading towards the childrens section as you pass behind an older gentleman, who is on the public computers, viewing graphic images of naked women.

Scenario 2You are at the reference desk and a patron brings up a hold belonging to her daughter. She doesnt want her daughter to read this book for it is inappropriate. She wants you to cancel the hold. The daughter is 14 and not present. The book is Lady Chatterleys Lover. Oh La La

Scenario 3You are visiting your local public library. Walking by a teenager, who is on her personal computer, you notice she is looking at a website describing how to make dry ice bombs.

Intellectual Freedom Committeeof the ALASolutions Addressing Library PolicyData SecurityStale Data DestructionEmployee EducationPatron EducationFunctional PracticesAlternative Services

Personalized Library Services Posing Privacy Security RisksAssigned PasswordsIP Address & Proxy-Server ID VerificationLicensed DatabasesMaterial ReservationsILLSpecial Collections

Steps to improve Library PrivacyAll libraries should have comprehensive policies about privacy.Libraries should provide education and transparency about privacy and the library.Libraries need to be quicker and more responsive to technological innovation and changes. The American library has become, in many respects, the Nations most basic First Amendment institution. Indeed, libraries serve as a primary resource for the intellectual freedom required for the preservation of a free society and a creative culture. William D. North

ReferencesAdams, H. R. (2005). Privacy in the 21st century: Issues for public, school, and academic libraries. Westport, Conn: Libraries Unlimited. Print.American Civil Liberties Union. (2005). National Security Letters. Electronic.American Library Association. (2007). Access to Digital Information, Services, Networks. Retrieved from Electronic. American Library Association. (2008). Code of Ethics of the American Library Association. Retrieved from Electronic.American Library Association. (2009). FBI in your Library. Electronic.American Library Association. (2006). Intellectual Freedom Manual. Retrieved from Electronic.American Library Association. (2007). Intellectual Freedom Principles for Academic Libraries. Retrieved from Electronic. American Library Association. (2007). Interpretations of the Library Bill of Rights. Retrieved from Electronic.American Library Association. (2007). Library Bill of Rights. Retrieved from Electronic. American Library Association. (2003). Principles for the Networked World. Retrieved from Electronic.

ReferencesAmerican Library Association. (2002). Privacy: An Interpretation of the Library Bill of Rights. Retrieved from Electronic.American Library Association. (2006). Questions and Answers on Privacy and Confidentiality. Retrieved from Electronic.American Library Association. (2005). Resolution on Radio Frequency Identification (RFID) Technology and Privacy Principles. Retrieved from Electronic.American Library Association. (2006). Resolution on the Retention of Library Usage Records. Retrieved from Electronic.American Library Association. (2002). Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users. Electronic. Bowers, S. L. (2006). Privacy and Library Records. Journal of Academic Librarianship. 32 (4), 377-383. Electronic.Cain, M. (2003). Cybertheft, network security, and the library without walls. Journal of Academic Librarianship. 29 (4), 245. Electronic.Coombs, K. A. (2004). Walking a Tightrope: Academic Libraries and Privacy. Journal of Academic Librarianship. 30 (6), 493-498. Electronic.Foerstel, H. N. (2004). Refuge of a scoundrel: The Patriot Act in libraries. Westport, Conn: Libraries Unlimited. Print.Foerstel, H. N. (1991). Surveillance in the stacks: The FBI's library awareness program. Contributions in political science, no. 266. New York: Greenwood Press. Print.

ReferencesGaroogian, R. (1991). Librarian/Patron Confidentiality: An Ethical Challenge. Library Trends. 40 (2), 216-33. Electronic.King County Library System. (2008). Confidentiality of Patron Records and Files. Electronic.King County Library System. (2009). Privacy Statement. Electronic.Klinefelter, A. (2007). Privacy and Library Public Services: or, I Know What You Read Last Summer. Legal Reference Services Quarterly. 26 (1/2), 253-279. Electronic.Linder, D. (2009). Exploring Constitutional Law.University of Missouri-Kansas City Law School. Retrieved from . Electronic.Moore, A. D. (2003). Privacy: Its Meaning and Value. American Philosophical Quarterly. 40 (3), 215-227. Electronic.The Seattle Public Library. (2002). Confidentiality of Library Borrower Information. Retrieved from Electronic.The Seattle Public Library. (2010). Confidentiality and the USA PATRIOT Act. Retrieved from Electronic.The Seattle Public Library. (2010). The Seattle Public Library Web Site: Privacy Notice. Retrieved from Electronic.Starr, J. (2004). Libraries and national security: An historical review. First Monday, 9. Retrieved from Electronic.Sturges, P. (2002). Remember the human: the first rule of netiquette, librarians and the Internet. Online Information Review. 26 (3), 209-216. Electronic.University of Washington, University Libraries. (2008). UW Libraries Privacy Statement. Retrieved from Electronic.