I Choose Privacy! Intellectual Freedom: Addressing the Privacy Issue in the Academic Library

Training Objectives Purpose of training session to provide information to faculty and staff members of the Academic Libraries responsibility to provided Privacy of patron records. Address what Federal, State laws and American Library Association govern the privacy of patron records Address why libraries ensure the Privacy of Patron Records Address what is the public right to privacy Address what is the Library Code of Ethics

Privacy of Library Patron Records & Federal Law United States Constitution Bill of Rights – First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” – Fourth Amendment states: “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.”

Federal Law U.S. Patriot Act Congress passed legislation in 2001 Sept. 11 in response of the terrorist attack against the United States. February 2010 Congree voted to renew the legislation.

Privacy of Library Patron Records & State of Ohio Revised Code Ohio Revised Code – prohibits libraries to release patron information and library records except as authorized in the Revised Code Section states have library privacy laws hairs/stateifcinaction/stateprivacy.cfm

Local Library Policy The mission of Academic Libraries are governed by the fundamental principles of the Library Bill of Rights. (Office of Intellectual Freedom)

ALA Principles of Privacy Public right to privacy Library Privacy Policy Library Code of Ethics

Definitions Privacy Confidentiality Personally Identifiable Information Library Record

Public Right to Privacy Privacy gives individuals the power to exercise their right of free speech, free thought and free association; by denying privacy and confidentiality reduces the probability that people will produce new ideas. The fear of monitoring the records of patrons denying an individual of their constitutional rights. Libraries are prohibited from releasing patron information and library records except as authorized in Revised Code Section

Right to Privacy cont. The Fourth Amendment of the U.S. Constitution provides protection of individuals, "in their persons, homes, papers, and effects from unreasonable searches and seizures" by the government. The First Amendment protects individuals “freedom of religion, speech, press, and assembly, also implicitly safeguards the right to privacy in the form of freedom of thought and intellect. “

Library Code of Ethics Keeping the privacy and confidentiality is one of the core values of Librarianship. Patrons should be able to read what ever they desire without the fear of being monitored. For libraries to flourish as centers for uninhibited access to information, librarians must stand behind their users' right to privacy and freedom of inquiry.

Library Code of Ethics The right to privacy is the right to open inquiry without having the subject of one's interest examined or scrutinized by others. Section III of the ALA Code of Ethics states, “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” (Adams, 2005, p.190).

Basic Library Concepts Right to privacy – Is the right to one privacy to open inquiry without having ones interest check upon or scrutinized. – Confidentiality means that the library is responsible to keeping personally identifiable information about a patrons and keeps that information private on behalf of the user. – Personally identifiable information pertains to information the library obtains from users for issuance of library access cards, any materials a patron requests, any websites visited and other personal identifications.

Library Record (2) “Library record” means a record in any form that is maintained by a library and that contains any of the following types of information: (a)Information that the library requires an individual to provide in order to be eligible to use library services or borrow materials; (b)Information that identifies an individual as having requested or obtained specific materials or materials on a particular subject; (c)Information that is provided by an individual to assist a library staff member to answer a specific question or provide information on a particular subject; “Library record” does not include information that does not identify any individual and that is retained for the purpose of studying or evaluating the use of a library and its materials and services.