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Library Policy and Patron Privacy
Kathleen BarilI worked for three years in an academic library at the circulation desk before I understood the importance of privacy and confidentiality in the library. I knew that patron library records should not be divulged to anyone but the patron, and that no matter how much they argued, I could not tell patrons who had recalled their books from them. But until I began library school, I did not realize we were bound legally to keep these records private.
Patron privacy is relevant not only for circulation issues, but for other areas of the library as well. For instance, a few years ago, while I was attending a training session for an online repository of e-books, the sales representative demonstrated that those with an administrative password could review the names of library patrons who had created accounts in the system. Several librarians gasped as the names of patrons appeared on the overhead screen. Although in this case, no violations had been committed, as only certain individuals (i.e. library administrators) could see these records and only library employees were attending the session; this example showed librarians the potential information that could be collected and saved in an online database.
Librarians have long recognized the importance of privacy, and the American Library Association states in its code of ethics: “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.” In the age of the USA PATRIOT Act, libraries should be especially clear what their policies and procedures are regarding privacy and their library patrons. Librarians need to inform library staff about privacy and also let patrons know what rights they have; one way to do this is to develop a privacy policy.
Two sources that provide information on how to formulate a policy are the American Library Association’s “Guidelines for Developing a Library Privacy Policy” and an article by Karen Coyle titled “Make Sure You Are Privacy Literate,” which provides a checklist for auditing patron information. Examples of privacy policies can be found at Duke University’s library Web site (http://www.lib.duke.edu/privacy.htm), University of Michigan’s library Web site (http://www.lib.umich.edu/policies/privacy.html) and Florida State University’s library Web site (http://www.fsu.edu/library/explore/policies/privacy.shtml).
A privacy policy not only aids the library in deciding what kinds of data to keep but also informs its users what information is collected about them and what is discarded. A policy also allows libraries to formulate general standards that they wish to follow in all library operations from licensing agreements to circulation policies. We immediately think of circulation records when talking about patron privacy in the library but privacy in the library also includes reference transactions, interlibrary loan requests, collection development requests, Web transactions, library surveys and any information collected by accessing online databases. As the Minnesota library and historical data law (13.40, Subd. 2) states, private data include “data that link a patron’s name with a specific subject about which the patron has requested information or materials.” Once a policy has been formulated, academic libraries should have their policy reviewed by campus legal counsel to ensure it adheres to all federal and state laws.
Privacy will only become more important as the library utilizes more electronic resources, as technology progresses and while the larger world changes. Librarians should make it a priority to protect patrons and essential library values. The Folke Bernadotte Memorial Library is currently in the process of drafting a patron privacy policy.
Works Cited
ALA Intellectual Freedom Committee. Guidelines for Developing a Library Privacy Policy. American Library Association, August 2003.
American Library Association Code of Ethics. American Library Association, Adopted June 1995.
Coyle, Karen. “Make Sure You Are Privacy Literate.” Library Journal 127 (Oct. 2002): 55-58.
13.40 Minnesota Statutes 2002. LexisNexis Academic. Gustavus Adolphus College Library, St. Peter MN. 30 October 2003. <http://web.lexis-nexis.com/universe>
Further Reading
Guenther, Kim. “Pass the Cookies and Uphold the Privacy.” Computers in Libraries 21.6: 56+. Expanded Academic ASAP. Gustavus Adolphus College Library, St. Peter MN. 16 Oct. 2003. <http://infotrac.galegroup.com>
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