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Privacy and confidentiality awareness

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1 Privacy and confidentiality awareness
Ohio Library Council intellectual freedom committee

2 American Library Association code of ethics Article 3
“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.” "Professional Ethics", American Library Association, May 19, (Accessed April 28, 2018)

3 AMERICAN right to privacy
Privacy is not directly mentioned within the United States Constitution. Griswold v. Connecticut 1965 Supreme Court of the United States decision about access to contraception was the first determination by the Court of a right to privacy. “. . . that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy.” – Justice William O. Douglas 1st Amend. – Freedom of Assembly 3rd Amend. – Government can not force citizens to quarter soldiers in peacetime 4th Amend. – Freedom from unreasonable search and seizures 5th Amend. – Due Process (Federal) and Freedom from Self-incrimination 9th Amend. – Rights retained by the People 14th Amen. – Due Process (States) Griswold v. Connecticut, 381 U.S. 479 (1965)

4 myriad Definitions of Privacy
“The right to be let alone.” - Samuel Warren and Louis Brandies “The Right to Privacy” “It’s about protecting our freedom to do good things.” Sarah Downey “Privacy is not about hiding bad things” “The claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others.” - Alan Westin “Privacy and Freedom” “Perhaps the best way to handle this difficulty is to characterize the realm of the private as whatever is not generally, that is, according to a reasonable person under normal circumstances, or according to certain social conventions, a legitimate concern of others because of the threat of scrutiny or judgment and the potential problems following from them.” - Judith Wagner DeCew “The Scope of Privacy in Law and Ethics” . . . and many more! 1. Warren, S. D., & Brandeis, L. D. (1890). The Right to Privacy. Harvard Law Review, 4(5), 193. doi: / 2. Downey, S. (2017, December 08). Privacy is not about hiding bad things. Retrieved April 28, 2018, from 3. Westin, A. F. (1970). Privacy and freedom. New York: Atheneum. 4. Decew, J. W. (1986). The Scope of Privacy in Law and Ethics. Law and Philosophy, 5(2), 145. doi: /

5 myriad privacy contexts
- Personal - Financial - Medical - Informational - Workplace - Territorial - Communications - Contextual . . . and many more!

6 Your library Privacy within a library setting is the right to open inquiry without having the subject of one’s interest examined or scrutinized by others. Thus, privacy within libraries is a necessary condition to provide the atmosphere and the resources for patrons to educate themselves in whatever way they desire. Unknown. (2018, April 16). Questions and Answers on Privacy and Confidentiality. Retrieved April 28, 2018, from

7 What is at stake “… if library users have to worry about being judged, punished, ostracized, or put under surveillance, they may censor themselves. They may not seek answers to their questions or read the things they want to read, either in print or online. To be free and to govern themselves, people must be able to explore ideas— even controversial ideas—without fear.” Magi, T. (2009). Communicating Privacy Policies to Users. In Choose Privacy Week Resource Guide (p. 59). Chicago, IL: American Library Association.

8 Privacy: a personal choice
- Individuals may choose to share private information about themselves. Examples of this include exchanging contact information to build trust, posting on social media for attention, or entering a contest for the potential to win a prize. - Individuals may also choose not to share private information about themselves. Examples of this include withholding contact information to prevent unwanted communication, not filling out a “quick survey”, or staying quiet.

9 Concepts interrelated with privacy
Anonymity – Being unknown or unacknowledged. Autonomy – Independent self-determination absent of coercion. Intimacy – Feeling or atmosphere of closeness and openness. Reserve – Desire to limit disclosure. Secrecy – Deliberate hiding, omission, or deception. Security – Confidence that decisions about safety are respected. Solitude – Choice or ability to be alone. As well as….

10 confidentiality Confidentiality pertains to the treatment of information that an individual has disclosed in a relationship of trust with the expectation that this information will not be divulged to others without permission. Penslar, R. L. (1993). Protecting human research subjects: Institutional review board guidebook. Bethesda, MD: OPRR, National Institutes of Health.

11 Confidentiality @ YOUR LIBRARY
Confidentiality exists within a library setting when the library possesses Personally Identifiable Information (PII) about users and keeps that information private on their behalf. Unknown. (2018, April 16). Questions and Answers on Privacy and Confidentiality. Retrieved April 28, 2018, from

12 Myriad types of personally identifiable information
Full name Social Security Number Birthdate Addresses (street, , etc.) Photographs Anything which “everybody knows” about someone - Anything that someone chooses to make personally identifiable (pet’s name used as password, mother’s maiden name used as security question answer, etc.) Tepe, N. (2013, March 1). Choose Privacy Week [Ppt]. Columbus, Ohio: Ohio Library Council Intellectual Freedom Committee.

13 Confidentiality: an ethical duty
Libraries are responsible for library records. Breaching confidence is an abuse of trust. Library patrons would not feel free in accessing library resources if they had reason to suspect libraries could not, or would not, safeguard their personally identifiable information.

14 Ohio revised Code Title 1 §149.432
A library shall not release any library record or disclose any patron information… Lawriter - ORC Releasing library record or patron information. (n.d.). Retrieved April 28, 2018, from

15 except in the following situations:
To a child’s parent or legal guardian If the subject of the records requests or consents To comply with subpoena, search warrant or court order When requested by a law officer in the scope of the officer’s duties on a matter involving public safety in exigent circumstances. For administrative library purposes Lawriter - ORC Releasing library record or patron information. (n.d.). Retrieved April 28, 2018, from

16 policies Your library probably already has policies in place to protect both the privacy and confidentiality of your patrons. Avoiding information from being put in public view Potentially Identifiable Information Circulation records Computer use records Internet use records Access to video camera footage

17 Suggestions for individuals
- Provide knowledgeable instruction to public - Remember that seemingly harmless pieces of information can be pieced together to do harm. - Avoid reusing passwords (“that’s like using the same key for your house, car, and safe deposit box!”) - Do not create unnecessary records - Do not retain records any longer than necessary - Have patrons enter their own information - Offer to step away when patron entering own information - Mind your own business / avoid gossip


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