Privacy Issues in the Library

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Privacy Issues in the Library
Pam Thorburn - Library 180
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Processes in forceto protect patron
confidentiality
To assist librarians in preserving privacy and c
onfidentiality for library users, particularly in
this post-September 11 period, the ALA
Intellectual Freedom Committee has written
Privacy An Interpretation of the Library Bill of
Rights, which was adopted by the ALA Council on
June 19, 2002. See also Questions and Answers on
Privacy and Confidentiality, which the ALA IFC
has developed to work in conjunction with
Privacy An Interpretation of the Library Bill of
Rights.
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"The American Library Association affirms that
rights of privacy are necessary for intellectual
freedom and are fundamental to the ethics and
practice of librarianship."
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized."-Amendment IV, The Bill of Rights
(1791-2001) "The right to be left alone-the most
comprehensive of rights, and the right most
valued by a free people." - Supreme Court Justice
Louis Brandeis, Olmstead v. U.S., 277 U.S. 438
(1928)
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Introduction Privacy is essential to the exercise
of free speech, free thought, and free
association. The courts have established a First
Amendment right to receive information in a
publicly funded library.1 Further, the courts
have upheld the right to privacy based on the
Bill of Rights of the U.S. Constitution.2 Many
states provide guarantees of privacy in their
constitutions and statute law.3 Numerous
decisions in case law have defined and extended
rights to privacy.4 In a library (physical or vir
tual), the right to privacy is the right to open
inquiry without having the subject of one's
interest examined or scrutinized by others.
Confidentiality exists when a library is in
possession of personally identifiable information
about users and keeps that information private on
their behalf.5
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Why Is Confidentiality Crucial to Freedom of
Inquiry?
Inquiries about patron reading habits raise
serious questions for librarians and patrons. For
example, are you what you read? Would you want
others to base decisions affecting your life on
their opinion of the books you read, the music
you listen to, the information you access over
the Internet or other electronic networks or
database services, or the films you view?
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Why Is Confidentiality Crucial to Freedom of
Inquiry?
How would library use change if patrons thought
their reading records and other information about
their lives would be open for scrutiny? How
widely would people read knowing their choices
might prejudice others against them? If libraries
are to survive as centers for the free and
uninhibited access to information so necessary to
a democratic society, librarians must vigilantly
guard their patrons' privacy and freedom of
inquiry.
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What prompted the Intellectual Freedom
Committee to take on the privacy question now?
In 1999 ALA Council resolved that the Library and
Information Technology Association be asked to
examine the impact of new technologies on patron
privacy and the confidentiality of electronic
records. The Taskforce on Privacy and
Confidentiality in the Electronic Environment was
formed at the 1999 ALA Midwinter Conference with
broad participation from across ALA.
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What does the USA PATRIOT Act mean for libraries?
The upshot is that there will be a great many
more surveillance orders, everywhere in the
country, and in turn there will be more requests
for library records, including Internet use
records.
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Where should libraries go to get guidance on FBI
search warrants?
The Freedom to Read Foundation is making some
legal assistance available to librarians.
Librarians are advised to call the ALA Office for
Intellectual Freedom and request legal advice
from Jenner Block without disclosing the
existence of a warrant. For more details, see the
ALA's recently issued Alert USA PATRIOT Act.15
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Policy on Confidentiality ofLibrary Records
The Council of the American Library Association
strongly recommends that the responsible officers
of each library, cooperative system, and
consortium in the United States
1. Formally adopt a policy which specifically
recognizes its circulation records and other
records identifying the name of library users to
be confidential in nature. 2. Advise all librar
ians and library employees that such records
shall not be made available to any agency of
state, federal, or local government except
pursuant to such process, order, or subpoena as
may be authorized under the authority of, and
pursuant to, federal, state, or local law
relating to civil, criminal, or administrative
discovery procedures or legislative investigative
power. 3. Resist the issuance or enforcement of
any such process, order, or subpoena until such
time as a proper showing of good cause has been
made in a court of competent jurisdiction.
Note
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How is the library community responding tothe
anti-terrorism legislation?
The American Library Association joined with the
Association of Research Libraries and the
Association of American Law Libraries in issuing
a statement on the proposed anti-terrorism
measures. It says that libraries do not monitor
information sought or read by library users. To
the extent that libraries "capture" usage
information of computer logs, libraries comply
with court orders for law enforcement.