Monday, April 15, 2013

The Privacy Double Standard Libraries Are Currently Faced With

My Foundations course last week focused on the user privacy issues that libraries are currently faced with. One thing that stood out to me in our readings is an apparent double standard when it comes to how libraries treat patron book and account records vs. how libraries treat computer users.

According to Rubin (2010), the ALA has long affirmed the right to privacy for library users (p. 390). From protecting a library user’s personally information to what material a user circulates, the belief that patron’s actions within the walls of a library are private and confidential is a core ethical principle of the library profession. With the belief that library patrons will not feel free to use library materials or research controversial topics if a library user does not feel free of governmental spying or the risk of public exposure, the collection of personally identifying information should be limited to what is necessary to complete the day-to-day operations of the library (Rubin, 2010, p.391).

In Georgia PINES libraries, library patrons are asked for proof of residency and contact information in order to register for a library card. PINES policy however prohibits the use of a Social Security card as a method of identification. The information retained about a library patron is used solely to contact a user in regards to ILL/PINES holds, contact a patron in regards to late fees/overdue materials, or to contact a patron in regards to collections. In this same regard, e-mail addresses may be added to an account, and users may opt-in to e-mails from the library in regard to library news. In PINES libraries, the only record of what a user checks out is related to what a patron currently has checked out, any outstanding fees for overdue materials and the materials that those fees are attached to. It is possible to look at the last user that checked out a specific item, however once fees are paid for that record is not attached to an account and is only viewed in an items details. This is so that if it is found that an item is damaged, the last user may be tracked down for billing, but if a patron asks for a list of what they have checked out in the past, this information is not accessible. In addition, patron account information cannot be given out to law enforcement without a court-ordered subpoena.



Noticeably lacking in the weekly readings were the use of Internet connected computers by library patrons. In my library system we have measures in place to protect user’s information on our public access computers. For instance we use Faronics' Deep Freeze to hard-image our PCS in order to make sure that any data or open login sessions that a patron might have on our PCs is erased as soon as the computer is rebooted, yet at the same time our system’s computer use policy specifically states that library users accessing computers are under no obligation to privacy or confidentiality. 

Our Network Administrator states that this is so that the library can remain in accordance with the Children’s Internet Protection Act (CIPA), which he states we legally have to abide by in order to receive State funding, but what this translates to is that at any time a library worker can go and monitor what a patron is doing on the computer they are logged in to and that at any time our Network Administrator may remotely access a computer through software like TeamViewer to monitor what they are doing regardless of suspicion or activity (downloading music, accessing pornography—a violation of our policy, installing software, filing taxes, writing resumes, etc.).  



This would seem to me to be in a direct violation of the ALA’s standards and ethical codes in regards to privacy and confidentiality, and would seem to go along with what Solove (2008) was conveying through the words of Deborah Caldwell-Stone:

 “Libraries are under increasing pressure to discard this longstanding commitment to readers' privacy rights. Law-enforcement agencies are exploiting fears about terrorism and child safety to encourage lawmakers to strip away statutory privacy protections for library records, eliminate anonymity in the library, and encourage the philosophy that "good" people should have nothing to hide. Federal laws use gag orders and national security claims to prevent judicial review of potential privacy abuses.” (p.58)

Different states and different libraries however approach computer privacy issues differently, some standing up for patron's right to the free access and flow to information, while other States further restrict user access:

How Texas and Arizona view things.






How Colorado views things.


In addition to Public Library employees in Georgia being exploited to fears about of child safety in regards to CIPA, public library workers as of July 1, 2012, are now required to be “mandatory reporters.” As mandatory reporters, if any library employee suspects a child or teen of being abused mentally, physically, or sexually…or even suspected of being neglected, we are to report that patron to our local Department of Family and Child Services (DFCS) agency. Failure to do so and you are at the risk of fines and/or jail-time. In my opinion being mandatory reporters is a clear violation of maintaining a library user’s privacy and confidentiality.

When I first started working at my current library, one of my first patron’s that I assisted was checking out several materials that dealt with surviving domestic violence. In addition, the patron had visible bruises on her body. At the time I made the comment to a co-worker that “sometimes I wish we didn’t have to see what a person checks out, because there is nothing we can do to help them.” I ended up in a disciplinary hearing with our then Director, because the co-worker somehow interpreted what I was saying to being pro-domestic violence, however my then Director understood where I was coming from and I didn’t get written up for it, but was given the advice that I should never talk about what a patron checks out, regardless of my personal feelings (even though I am doing it now), and this is spelled out clearly in the ALA’s code of ethics. Yet, according to our status as mandatory reporters, if this woman had been under the age of 18 I would have legally been obligated to report her to DFCS!

Personally, I think the ALA, GLA, PLA, etc. need to revise their standards to incorporate patron privacy when it comes to computers; otherwise, if we sacrifice our principles to one aspect of library use, we run the risk to sacrificing our principles entirely. Luckily it seems as though the ALA's office of  Intellectual Freedom recognizes this double standard, and it seems as though as of 2012 it has become a top priority. Maybe in the next edition of Rubin's Foundations I will have less to be concerned about?

What do you the reader think? Is it a double standard to treat patron records as confidential while at the same time not treating their internet use the same? Further, when, if ever is it ever ethically ok to check a person's usb drive for content? Never? If you are trying to track down the owner of a lost drive? What happens if you look at a patron's drive contents and there is questionable content such as child pornography or pirated music, do you turn the owner in to the authorities, or do you maintain your ethical principles to respect the patrons privacy? 

References:

Rubin, R. E. (2010) Foundations of Library Science. (3rd Ed). New York: Neal-Schuman.

Solove, D. J., (2008, Sept.) The Future of Privacy. American Libraries, 39(8): 56-59.

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