Hello all,
Thanks,
Darren
Monday, March 31, 2008
Student Privacy
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Issues of interest to school librarians, media specialists, teachers and administrators.
Welcome to the Go SLMS Go! Blog
Greetings one and all! It is with great pride and humility that I have begun to write for our profession and to the many gifted, talented and hard working professional school library media specialists. I have recently moved out of the trenches and into a more administrative type of position as a school library system coordinator.
I constantly stand in amazement at both the quantity and quality of the work that you are involved in at a school, regional and even national level. If I were putting together a team, of almost any kind to accomplish almost anything--I would want all of you on it.
Please feel free to comment, critique and utilize this resource that is only just out of the mind, off of the paper and onto the web. Remember that this blog is a work in progress. If there is anything you do not see here that you would like more information on, give me a shout.
Cheers,
Chuck
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- Chuck O'Bryan
- 678 County Road 32, Norwich, New York, United States
- SUNY Albany: School District Administrator Certificate; MLS with School Library Media Certificate. Southern Connecticut State University: MS Environmental Education. Brigham Young University: MS Recreation Management and Youth Leadership. Past Life: Grant writer / consultant, Board of Education Member, Adventure Travel Guide and Trip Leader, Japan Fulbright Memorial Fund Scholar. Family: Intact!
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13 comments:
“My bet would be it would have to be a district level policy - just like challenge or selection policies and would vary from district to district. I would bet if push came to shove and you had the ability to generate such a list, you would have to because the student is a minor. As we all know, things gets sticky with minors, because they do not have the same rights as adults. When we were looking in Sullivan County for a new automation program, we were told that one of the reasons automation systems "erase" that information on check in was a way to "get around" the question -- easy for a SLMS to say,
"I can not retrieve that information as it no longer exists" - so you would have only the current item(s) checked out to show. I know that I could not get a list of what a kid has read from TLC (haven't looked to see if it is possible in Horizon) even if I was asked and agreed to comply (and I would have kids from time to time ask what they had read themselves - I couldn't comply because that info. was gone once the check in was complete).
If you were not automated, it is not that easy, but how would you create a list? Pull every card in every book on every shelf until you found the child's name?
Interesting question -- keep us posted as to what you find out.”
Lisa
“I know that public libraries have these privacy policies in place. You may want to call Michael Borges as he has some sample policies that those of us on NYLA's Intellectual Freedom Committee compiled a few years ago. Can't hurt to check with him unless you already got a policy elsewhere.”
Ellen Rubin
Check out Helen Adams' writings...she has a book and some articles...it's her area of expertise...
Sara
Darren,
--- The polished version of this e-mail is online at http://schoolof.info/infomancy/?p=493 with better links and real sentences if you want to share it with anyone --
We just had this come up in one of our districts. Not only is there NOT a law prohibiting this, there are laws that seem to REQUIRE this. I am not a lawyer, and this is not legal advice, however. You really need to take this up with your school attorney because it is a very gray area.
FERPA - the Family Educational Rights and Privacy Act - http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
If the student is younger than 18 years of age, then the parent has a right to "inspect and review the student's education records maintained by the school." If the student is 18 or older, only they have this right and can restrict parental access.
You don't have to necessarily give the parents the records - "Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records." - and could have the parent review them in the library, but there probably should be a good reason to be this obstructionist.
Note as well, that FERPA authorizes the release of records without any parental or student 18 or older permission to "School officials with legitimate educational interest" as well as others. If a principal asks for student loan records as part of an official investigation, the librarian has to provide them.
So, are library records "education records" that have to be disclosed? In 2005, the LibraryLaw Blog wrote a post claiming that library records are not education records. http://blog.librarylaw.com/librarylaw/2005/07/are_student_lib.html
"Are K-12 school library records considered “education records,” and do they fall under the jurisdiction of FERPA? Library records are not specifically listed either in the definition of “education records” within the law or its explanatory materials."
However, the definition in FERPA is very broad.
"Education records"
(a) The term means those records that are:
(1) Directly related to a student; and
(2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
(1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record."
http://www.ed.gov/policy/gen/reg/ferpa/rights_pg4.html
One could read this either way. Library records certainly are "directly related to the student" and are "maintained by an educational agency." But could it also be argued that they are "used only as a personal memory aid?" The problem, in my non-lawyer opinion that is not trying to make any sort of legal statement, is that library records are usually not "kept in the sole possession of the maker." Does a library aide have access? A network technician? A School Library System? Can electronic records stored on a server even be considered to be in the "possession" of the maker?
A commenter to the LibraryLaw Blog post wrote the Family Policy Compliance Office (the government office that handles FERPA) to ask for clarification. Their answer to the question of whether or not K-12 school library records are educational records that must be handled under FERPA:
"In the circumstances you describe, if the records are maintained by a public school or district, and are able to be identified by student, then we'd probably consider them to meet the qualification of FERPA as education records."
Additional clarification from the FPCO:
"FERPA prohibits the destruction of education records while there is an outstanding inspection request from the parent to review those particular records. FERPA is otherwise silent concerning the destruction of education records.
Our response is not changed because the physical location of an education record does not affect its inclusion as an education record. As well, there is no FERPA concept of "permanent" record or "transient" record."
http://blog.librarylaw.com/librarylaw/2005/07/are_student_lib.html
ALA, despite their hard line stance on privacy of library records, acknowledges that schools face additional challenges.
"School libraries operate as part of larger educational structures. In some cases school systems may create policies and procedures that infringe on students' rights to privacy. School library personnel are encouraged to educate all policy makers about the dangers of abridging students' privacy rights."
http://www.ala.org/ala/oif/iftoolkits/toolkitsprivacy/guidelinesfordevelopingalibraryprivacypolicy/guidelinesprivacypolicy.cfm#school
This is the reason for the ongoing debate over libraries maintaining student loan information. Even though it is an incredibly valuable source of data for analysis and collection development, there are great concerns that parents or school administrations will use the data against students. This is why the best compromise is to store the student loan data with no identifying information and no way to reverse the process to attach loans to students. It is important to note as well that this position is directly supported by FERPA.
"Schools are not required by FERPA to: Create or maintain education records;" If you have no records because student loans are transferred to a common data pool with no identifying information and then purged as soon as the book is returned, then you have nothing to give to parents.
Short answer? If a parent of a child under 18 is asking, you probably have to give up the records.
Christopher Harris, School Library System
Hi, Chuck,
Do you have access to these? Let me know; today is our last day in school for 2 weeks during which I have three trips...so, if you want these, I can forward them to you today...Hope this helps, Sara
---------- Forwarded message ----------
Date: Fri, Mar 28, 2008 at 9:41 AM
Subject: privacy articles
To: skjohns@gmail.com
________________________________________
The following document has been sent by Sara at LAKE PLACID JR/SR HIGH SCHOOL LIB via ProQuest, an information service of ProQuest LLC. Please do not reply directly to this email.
________________________________________
Documents
More Privacy Concerns about Technology Use
Helen R Adams. School Library Media Activities Monthly. Baltimore:Apr 2008. Vol. 24, Iss. 8, p. 36 (1 pp.)
How Circulation Systems May Impact Student Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Feb 2008. Vol. 24, Iss. 6, p. 36 (1 pp.)
The Troubled Student and Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Dec 2007. Vol. 24, Iss. 4, p. 34 (1 pp.)
Principals and Confidentiality of Library Records
Helen R Adams. School Library Media Activities Monthly. Baltimore:Oct 2007. Vol. 24, Iss. 2, p. 32 (1 pp.)
Social Networking and Privacy: A Law Enforcement Perspective
Helen R Adams. School Library Media Activities Monthly. Baltimore:Jun 2007. Vol. 23, Iss. 10, p. 33 (1 pp.)
The Age of the Patron: Privacy for Middle and High School Students
Helen R Adams. School Library Media Activities Monthly. Baltimore:Apr 2007. Vol. 23, Iss. 8, p. 38 (1 pp.)
The Age of the Patron and Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Mar 2007. Vol. 23, Iss. 7, p. 35 (1 pp.)
Conducting a Privacy Audit
Helen R Adams. School Library Media Activities Monthly. Baltimore:Feb 2007. Vol. 23, Iss. 6, p. 35 (1 pp.)
Protecting the Privacy of Student Patrons
Helen R Adams. School Library Media Activities Monthly. Baltimore:Dec 2006. Vol. 23, Iss. 4, p. 37 (1 pp.)
Family Educational Rights and Privacy Act (FERPA) and Library Media Records
Helen R Adams. School Library Media Activities Monthly. Baltimore:Nov 2006. Vol. 23, Iss. 3, p. 35 (1 pp.)
Disclosing Student Records
Helen R Adams. School Library Media Activities Monthly. Baltimore:Oct 2006. Vol. 23, Iss. 2, p. 35 (1 pp.)
Confidentiality
Helen R Adams. School Library Media Activities Monthly. Baltimore:Sep 2006. Vol. 23, Iss. 1, p. 33 (1 pp.)
Privacy in the 21st Century: Issues for Public, School, and Academic Libraries
Marc Meola. Portal : Libraries and the Academy. Baltimore:Apr 2006. Vol. 6, Iss. 2, p. 233-234 (2 pp.)
Privacy in the 21st Century: Issues for Public, School, and Academic Libraries
B Susan Brown. Library Journal. New York:Feb 15, 2006. Vol. 131, Iss. 3, p. 151 (1 pp.)
Twenty-first Century Understanding
Hilda K Weisburg, Ruth Toor. School Librarian's Workshop.: School's Out 2006 Berkeley Heights:2006. Vol. 26, Iss. 6, p. 15-16
PRIVACY IN THE 21st CENTURY: ISSUES FOR PUBLIC, SCHOOL, AND ACADEMIC LIBRARIES
David Loertscher. Teacher Librarian. Seattle:Dec 2005. Vol. 33, Iss. 2, p. 41-42 (2 pp.)
Privacy & confidentiality: Now more than ever, youngsters need to keep their library use under wraps
Helen R Adams. American Libraries. Chicago:Nov 2002. Vol. 33, Iss. 10, p. 44-48 (4 pp.)
! All documents are reproduced with the permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
________________________________________
Citation style: ProQuest Standard
Document 1 of 17
More Privacy Concerns about Technology Use
Helen R Adams. School Library Media Activities Monthly. Baltimore:Apr 2008. Vol. 24, Iss. 8, p. 36 (1 pp.)
Abstract (Summary)
According to School Library Journal and San Jose State University 2006 Automation Survey, "More than half of the respondents [school library professionals] expressed no interest in options such as self-checkout, RFID, serials management, and federated search the ability to search across multiple databases, including the catalog" (Fuller).
Indexing (document details)
Subjects: Radio frequency identification, Students, School libraries, Inventory management, Identification systems, Cameras
Author(s): Helen R Adams
Document types: Feature
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Apr 2008. Vol. 24, Iss. 8; pg. 36, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1448287531
Text Word Count 940
Document URL: http://proquest.umi.com/pqdweb?did=1448287531&Fmt=2&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 2 of 17
How Circulation Systems May Impact Student Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Feb 2008. Vol. 24, Iss. 6, p. 36 (1 pp.)
Abstract (Summary)
Library media specialists must take steps to ensure that the readily available information about student patrons' use of library resources is protected from teacher and administrator inquiries, parent and student volunteers, and students who may be at the circulation computer involved in self-checkout of their library materials. There are a number of ways library media specialists can protect student circulation records including: * Develop a Privacy Policy that states who has access to library patron records and the circumstances under which records may be released. * Use a password to protect circulation records with differing levels of access "rights" assigned to students, volunteers, and library staff (Gwen, October 4, 2007). * Make a conscious effort to purge circulation records on a regular basis.
Indexing (document details)
Subjects: Library resources, Students, School libraries
Author(s): Helen R Adams
Document types: Commentary
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Feb 2008. Vol. 24, Iss. 6; pg. 36, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1409763121
Text Word Count 1008
Document URL: http://proquest.umi.com/pqdweb?did=1409763121&Fmt=2&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 3 of 17
The Troubled Student and Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Dec 2007. Vol. 24, Iss. 4, p. 34 (1 pp.)
Abstract (Summary)
Aside from the circumstances outlined above, a school library professional must remember that there are very strong professional policy statements, such as the Library Bill of Rights and the Code of Ethics for the ALA, which urge library staff to guard the privacy of library users. In most instances, the library media specialist should strive to protect student privacy following state library records confidentiality laws, the Library Bill of Rights, and the Code of Ethics of the ALA.
Indexing (document details)
Subjects: Libraries, Students, School libraries, Learning, First Amendment-US, Ethics
Author(s): Helen R Adams
Document types: Feature
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Dec 2007. Vol. 24, Iss. 4; pg. 34, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1381407091
Text Word Count 793
Document URL: http://proquest.umi.com/pqdweb?did=1381407091&Fmt=2&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 4 of 17
Principals and Confidentiality of Library Records
Helen R Adams. School Library Media Activities Monthly. Baltimore:Oct 2007. Vol. 24, Iss. 2, p. 32 (1 pp.)
Abstract (Summary)
The principal was not listed as a person to whom library records could be disclosed The library media specialist also reviewed the Family Educational Rights and Privacy Act (FERPA), a federal law protecting the privacy of PK-12 student education records (see Privacy Matters, SLMAM, November 2006). It is unclear at this time whether library circulation records are considered "education records" under FERPA, and the American Library Association counsels library media specialists "to identify how their institutions implement this law" (ALA Intellectual Freedom Manual, 328).
Indexing (document details)
Subjects: Students, Librarians, Libraries, School libraries, Legal counsel, Law enforcement, Education, Ethics
Author(s): Helen R Adams
Document types: Feature
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Oct 2007. Vol. 24, Iss. 2; pg. 32, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1334223091
Text Word Count 959
Document URL: http://proquest.umi.com/pqdweb?did=1334223091&Fmt=2&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 5 of 17
Social Networking and Privacy: A Law Enforcement Perspective
Helen R Adams. School Library Media Activities Monthly. Baltimore:Jun 2007. Vol. 23, Iss. 10, p. 33 (1 pp.)
Abstract (Summary)
How do you explain to them don't post profiles so that ten years down the road when you want to buy a house someone will already have your information and possibly have used it in an illegal way? Equally important is the fact that school administrators, police officers, employers, and college admissions officers are also checking these sites for possible school code of conduct violations, background information, or evidence of crimes.
Full Text (980 words)
Copyright LMS Associates, L.L.C. Jun 2007
According to the Pew Internet and American Life Project national survey released in January 2007, 55% of all American youth aged twelve through seventeen use adult online social networking sites (SNSs) such as MySpace and Facebook. The survey further found that girls use the sites to continue existing friendships while boys use the sites to find new friends and flirt (Pew 2007). Some SNSs allow users as young as thirteen to create personal profiles and invite "friends" to view their information and photos, comment, and engage in chat and IM [Instant Messaging].
A year ago, Officer Joshua Wilson of the New London (Wisconsin) Police Department began working proactively with middle and high school students on the dangers inherent in posting private information on adult SNSs and presenting educational programs to parents. According to Wilson, "Privacy is a hard issue for kids using these sites to understand. They don't have credit cards or checkbooks and don't understand the ramifications of identity theft. How do you explain to them don't post profiles so that ten years down the road when you want to buy a house someone will already have your information and possibly have used it in an illegal way?" Equally important is the fact that school administrators, police officers, employers, and college admissions officers are also checking these sites for possible school code of conduct violations, background information, or evidence of crimes. Wilson does not think it is illegal or unethical for a policeman to check SNSs because students have posted their information in public Internet space much like a billboard in the offline world.
Recently Wilson found that a local boy had posted his learner's permit and his driver's license with his photograph on Xanga.com. Wilson said, "He was so proud he had gotten his driver's license. He thought he was safe blocking out his driver's license number, but his name, address, date of birth, physical description were there. I showed him how easy it was for me to recreate his driver's license with my photo using his name and address." While the young man has removed this information from the website, Wilson explained, Once a photo goes on the Internet, it is there forever. There is no magic number to call to say take my picture off the Internet."
There are other privacy and safety issues with SNSs. Commenting on a young teenage girl's profile found on Facebook, Wilson said, "For adult predators, it's like a map to an individual kid. It [the profile] had the student's name, address, phone number, cell phone number, school schedule, so if I wanted to find this girl, I knew exactly where she was. From reading the comments in the profile, I knew exactly what she was interested in, what her friends were talking about." He further notes that the term "friend" online can have a different connotation from that term in a teen's offline life. As Wilson explained, "On the social networking sites, you have to be invited into each other's profile area-to become a 'friend.' You have to ask for approval. It becomes a popularity contest."
Furthermore, many teens are indiscriminate about adding "friends," frequently approving persons whom they do not personally know for the sake of having a large "friends" list. Youth of this age are trusting and accept information online as being a fair representation of another teenager. They often feel invulnerable and do not suspect a predator may be lurking behind an innocent "friend." There is a false sense of security created since teens feel they are "just hanging out" online with friends.
Wilson stated that about 50% of youth with whom he has contact have private profiles; the others are open to the world. There has always been a feeling of anonymity on the Internet. Wilson says, "Since the beginning, I can go on the Internet without anyone really knowing who I am. That's why for the criminals, it's such a safe place to go." Wilson added, "Young girls register as 28-year-olds, so everyone can see their profiles. The frustrating thing is how to get the message to kids how dangerous this is." There are no safeguards to keep underage students from posting profiles. One is asked to enter date of birth, but no one verifies truthfulness. Next, there is a box to check that the information is accurate.
Wilson tries to impress privacy and safety issues upon students after viewing their profiles. He said, "They're embarrassed, upset I'm looking at MySpace, think it's an invasion of their privacy. Yet, they posted the embarrassing pictures with drinking, smoking, guns, kids passed out next to a toilet. Underage drinking has been going on for years, but no one had a camera. Now everyone has a camera, and the party's on MySpace the next day. I try to explain the ramifications could be your future employment. It can come back to haunt them, and they don't realize that."
What does Wilson suggest? He would like to have schools initiate Internet safety instruction, including the use of social networking sites, beginning in seventh grade or at about the age of twelve and continuing through high school. According to Wilson, "I want teachers and administrators to know it's out there, not going away, and will only get bigger. We are missing a bus by not teaching about MySpace and computer safety. The kids are a step ahead of the parents."
[Reference]
References
Pew Internet & American Life Project. "Social Networking Websites and Teens. http://www.pewinternet. org/PPF/r/198/report_display.asp (accessed January 7, 2007).
[Author Affiliation]
Helen Adams is a former library media specialist and technology coordinator in Wisconsin and currently an online instructorfor Mansfield University teaching Access and Legal Issues for the Information Age. A frequent conference presenter, she is the author of School Media Policy Development and co-author of Privacy in the 21st Century: Issues for Public, School, and Academic Libraries (Libraries Unlimited, 2005). Email: hadams1@centurytel.net
Indexing (document details)
Subjects: College admissions, Students, Law enforcement, Privacy, Children & youth
Author(s): Helen R Adams
Document types: Commentary
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Jun 2007. Vol. 23, Iss. 10; pg. 33, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1274708501
Text Word Count 980
Document URL: http://proquest.umi.com/pqdweb?did=1274708501&Fmt=3&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 6 of 17
The Age of the Patron: Privacy for Middle and High School Students
Helen R Adams. School Library Media Activities Monthly. Baltimore:Apr 2007. Vol. 23, Iss. 8, p. 38 (1 pp.)
Abstract (Summary)
The next step is recognizing the U.S. Supreme Court ruling in the 1982 Board of Education, Island Trees School District v. Pico decision that states minors have a First Amendment right to receive information and ideas (Hudson).
Full Text (981 words)
Copyright LMS Associates, L.L.C. Apr 2007
Library media specialists have the responsibility, both legally and ethically, to protect the privacy and confidentiality of their patrons, no matter their ages. Protecting student privacy begins with knowing state library records law and how it relates to school library records. The next step is recognizing the U.S. Supreme Court ruling in the 1982 Board of Education, Island Trees School District v. Pico decision that states minors have a First Amendment right to receive information and ideas (Hudson). While intellectual freedom principles protect access to information, there is a corollary concept stating that minors have the right to use resources and library services free from scrutiny. When we allow middle and high school students to read, research, and check out materials on a wide range of topics without comment as well as share that information with others, we are honoring the twin precepts of privacy and confidentiality in libraries.
"It is the responsibility of the library media specialist to create an atmosphere where students may seek and use information without fear someone will question their reason or right to information" (Adams, 109). There may be topics that teenagers want information about but do not feel comfortable asking their parents. Consequently, the library media center may provide the ONLY source for accurate information, and a trusted library media specialist may be one individual they can turn to when researching sensitive topics. Any reference question brings a weighty responsibility on the part of the library media specialist to abide by the ALA Code of Ethics, III, that 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." It is important to remember that just because a student asks for information on abortion, teen pregnancy, drugs and drug use, or some other social issue does not mean that he or she is pregnant, using drugs, or engaged in other risky behavior. Equally sensitive topics may be sought for a school assignment for personal reasons. As library media specialists, we should respect our students' right to privacy and not ask why the information is needed.
On the other hand, there may be times when a library media specialist must apply common sense rather than the ALA policy and ethics statements because of a concern for the student's welfare. Just as educators are required to report cases of child abuse, there are times when concern for a student may move the library media specialist to seek the advice of another school professional bound by confidentiality such as a guidance counselor. Intervening to potentially save the life of a student transcends student privacy.
In addition to protecting the right of privacy to seek information, it is the library media specialist's responsibility to protect students' right of privacy when checking out materials or inquiring about materials. Comments on what is being checked out and why it is being checked out should be curtailed. The same advice applies to interlibrary loan and reserve requests. Library clerks, student workers, and parent volunteers should be trained to respect the privacy of patrons and should not be allowed to casually review library circulation records.
Because there are so many physical, intellectual, and emotional changes for students during the middle and high school years, a sense of responsibility is not yet well developed. There are ways, however, that the library media specialist can help students return materials in a timely fashion. Giving quiet oral reminders when students are using the library media center is a first step. Printed notices, folded and stapled with the student's name at the top, delivered to a homeroom teacher are another. Some schools use a quarterly reward system to encourage adolescents to work toward improving grades and acting responsibly. Returning overdue materials can also become part of the criteria for gaining participation in a special activity. A middle school library media specialist recently told me that this is a very positive way to encourage responsibility, and few books remain unreturned by the end of the year. In some intractable cases, letters may need to be sent to parents requesting return of books, noting the cost of the item(s), and contact information for the library media specialist.
While students in middle and high school have developed a desire for privacy, they do not yet comprehend how to protect their personal information. In addition to protecting minors' rights to privacy in a library setting, the library media specialist should teach students how to guard their own privacy in their physical daily lives as well as online. This instruction may be a part of the information and technology literacy curriculum.
Age does have some place in how library media specialists extend privacy to student patrons, but student First Amendment rights, the Library Bill of Rights, the ALA Code of Ethics, and other policy statements tell us that granting privacy to students is the right thing to do. As middle and high school students grow and mature, providing scrutiny free access to information and keeping their interests and intellectual pursuits confidential is a matter of keeping faith with them as well as honoring our professional ethical codes.
[Reference]
References
Adams, Helen R., Robert Bocher, Carol Gordon, and Elizabeth Barry-Kessler. Privacy in the 21st Century: Issues for Public, School, and Academic Libraries. Libraries Unlimited, 2005.
American Library Association. "Code of Ethics of the American Library Association." http://www.ala.org/ alaorg/oif/ethics.html (accessed December 2,2006).
Hudson, David L., Ir. "Book Censorship." First Amendment Center.org. http://www.firstamendmentcenter.Org//speech/studentexpression/topic. aspx?topic=book_censorship (accessed December 2, 2006).
[Author Affiliation]
Helen Adams is a former library media specialist and technology coordinator in Wisconsin and currently an online instructor for Mansfield University teaching Access and Legal Issues for the Information Age. A frequent conference presenter, she is the author of School Media Policy Development and co-author of Privacy in the 21st Century: Issues for Public, School, and Academic Libraries (Libraries Unlimited, 2005). Email: hadams1@centurytel.net
Indexing (document details)
Subjects: Libraries, Students, Parents & parenting, Personal information, Ethics
Author(s): Helen R Adams
Document types: Feature
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Apr 2007. Vol. 23, Iss. 8; pg. 38, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1231298051
Text Word Count 981
Document URL: http://proquest.umi.com/pqdweb?did=1231298051&Fmt=3&clientId=5874&RQT=309&VName=PQD
________________________________________
Document 7 of 17
The Age of the Patron and Privacy
Helen R Adams. School Library Media Activities Monthly. Baltimore:Mar 2007. Vol. 23, Iss. 7, p. 35 (1 pp.)
Abstract (Summary)
State library records laws and the Family Educational Rights and Privacy Act (FERPA) also do not differentiate between younger and older students unless the student is determined to be an adult (defined in state and federal legislation at varying ages of 16,17, and 18). When a book is overdue for several weeks, sending a friendly nonthreatening note home about overdue items including the tide of the book, date due, replacement cost, and library media specialist contact information is one way to enlist parent assistance in the return of books and still address privacy concerns.
Full Text (987 words)
Copyright LMS Associates, L.L.C. Mar 2007
Does the age of the patron make a difference in extending privacy rights? The AASL "Position Statement on the Confidentiality of Library Records" affirms "The library community recognizes that children and youth have the same rights to privacy as adults." Most ALA policy statements including the Library Bill of Rights interpretations and the ALA Code of Ethics do not distinguish between minor and adult patrons. State library records laws and the Family Educational Rights and Privacy Act (FERPA) also do not differentiate between younger and older students unless the student is determined to be an adult (defined in state and federal legislation at varying ages of 16,17, and 18).
Should age be considered when granting privacy rights to students in an elementary library? Here are some questions to consider. Do young children know that they have privacy rights in library media centers, and are they concerned about their privacy? Does it matter if the library media specialist calls out the names of children because they have unreturned library books? Is it a serious breach of privacy for the child if a peer overhears the name of the overdue item? Does it compromise a child's privacy if a teacher assists in locating a student's overdue book? These examples may seem like innocuous situations where a child's right to privacy need not be stringently enforced.
On the other hand, compromising privacy may be a slippery slope. While elementary students may have difficulty remembering to return books or even the titles they checked out, they are worthy of our respect as future citizens. Where will they learn about their rights to privacy in a library unless we begin teaching them now? It is my belief that one of the expectations of privacy for students in a library media center is that all will be granted the right to read and borrow free from scrutiny, regardless of age.
In a practical sense, how can a library media specialist maintain privacy for elementary age library patrons while still teaching them about their responsibility to return borrowed materials? When a book is overdue for several weeks, sending a friendly nonthreatening note home about overdue items including the tide of the book, date due, replacement cost, and library media specialist contact information is one way to enlist parent assistance in the return of books and still address privacy concerns. Parents of young children will likely be receptive to this type of gentle reminder.
Many children's lives are very complicated. Their overdue materials may be found in many different places. By obtaining the cooperation of parents, the overdue materials will probably be returned quickly. It is a win-win situation with little loss of privacy for the child and includes a lesson in accountability.
Can an elementary teacher become involved in the hunt for a missing book and still preserve the privacy of the child involved? The answer is yes, although it is very important that the library media specialist communicate to teachers the need to protect the child's privacy to the fullest degree possible by not "exposing" the titles and corresponding students' names to the entire class. In the majority of states, library records of any age patron are protected by state law. For specifics, review the October 2006 Privacy Matters column, "Disclosing Student Records."
Here is a manageable strategy for making teachers partners in the search for missing library books and still maintaining student privacy. A list can be sent by the library media specialist to a teacher stating that a number of books are missing and including the names of the children who checked them out. The teacher may then speak discreetly to the children with missing books, help them check their desks or backpacks, check to see if the books were lent to friends, thereby moving the search to other students' desks and backpacks. If not located, a full classroom search may be instituted. If the books are found and returned to the library media center, there is a win-win situation with little loss of confidentiality for those involved.
The library media specialist should take advantage of opportunities to teach elementary students about their rights to privacy and confidentiality in a library. If a student is searching for a particular title and it is not on the shelf, he or she may ask who has checked out the item. The library media specialist can explain that the name of the person who has borrowed the item is private, but the library media specialist will put the item on reserve for the student. By taking this action, the library media specialist is demonstrating that each child has the right to read what he or she chooses and can share that information if they wish. But YOU as the library media specialist will not divulge who has checked out the title being sought.
As library media specialists, our goal is to make the principles of privacy and confidentiality work in a practical way in an library media center. The previous examples demonstrate ways to help young children be responsible in the borrowing of materials and, at the same time, learn how library staff can guard the privacy of those who check out materials. In reality, there are few secrets among elementary children about what they are checking out. Yet, it is in these situations that library media specialists begin to train young children about their right to privacy in a library.
[Reference]
References
American Association of School Librarians. "Position Statement on the Confidentiality of Library Records." http://www.ala.org/ala/ aasl/aaslproftools/positionstatements/aasl positionstatementconfidentiality.htm (accessed November 11, 2006).
[Author Affiliation]
Helen Adams is a former library media specialist and technology coordinator in Wisconsin and currently an online instructor for Mansfield University teaching Access and Legal Issues forthe Information Age. A frequent conference presenter, she is the author of School Media Policy Development and co-author of Privacy in the 21st Century: Issues for Public, School, and Academic Libraries (Libraries Unlimited, 2005). Email: hadams1@centurytel.net
Indexing (document details)
Subjects: Academic libraries, Privacy, Parents & parenting, Childrens literature, Books, Elementary schools, Federal legislation
Author(s): Helen R Adams
Document types: Commentary
Document features: References
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Mar 2007. Vol. 23, Iss. 7; pg. 35, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1216422261
Text Word Count 987
Document URL: http://proquest.umi.com/pqdweb?did=1216422261&Fmt=3&clientId=5874&RQT=309&VName=PQD
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Document 8 of 17
Conducting a Privacy Audit
Helen R Adams. School Library Media Activities Monthly. Baltimore:Feb 2007. Vol. 23, Iss. 6, p. 35 (1 pp.)
Abstract (Summary)
In a library sense, a privacy audit is a process during which library staff examine what personally identifiable information (PII) is collected about each patron and the records generated about the individual's use of library resources, services, and facilities. Consider the level of knowledge held by adult library paraprofessionals, student assistants, parent or other volunteers, and instructional technology (IT) staff about patron privacy and state and federal law relating to the confidentiality of library records.
Full Text (895 words)
Copyright LMS Associates, L.L.C. Feb 2007
Are you sure you are protecting the privacy of your school library patrons and the confidentiality of their library records? Conducting a privacy audit can provide you with the evidence needed to reassure both you and your patrons. In a library sense, a privacy audit is a process during which library staff examine what personally identifiable information (PII) is collected about each patron and the records generated about the individual's use of library resources, services, and facilities. Additionally, an audit traces how that data is used, stored, transferred, and eventually destroyed as well as the security provided to protect the data. The American Library Association (ALA) recommends all libraries conduct a privacy audit to ensure patron privacy and the confidentiality of library records.
The first step in conducting a simplified privacy audit involves the library media specialist answering the following questions:
1) State Library Records Law: What types of library records are protected under state law? To whom and under what conditions can the records be released? Do parents and guardians have access to their minor child's records?
2) Library Policies: Does the library program currently have any districtwide written, board adopted policies related to library privacy?
3) Patron Information: What personally identifiable information is collected from each patron? Where are the records stored and in what format?
4) Circulation Information: What records are maintained related to the circulation of materials? When an item is checked in, are all links between the item and the borrower automatically broken? Is the automation system configured to retain the name of more than the last patron who checked out the resource? Who has access to circulation system information? Is a password necessary to access circulation system data?
5) Overdue Notices: How are patrons notified of overdue materials? Who distributes overdue notices to student patrons? Is there a possibility a teacher or other person may read students' personal overdue notices during the distribution process?
6) Interlibrary Loans: Does the library staff create records related to interlibrary loan transactions? What is the format? How long are the records retained? Who has access to them?
7) Access to the School Network/Internet: What records are maintained that record access to the school's network or to the Internet? Are Internet search logs maintained? How long are they kept? Who has access to this information?
8) Other Records: What other records containing PII about library patrons does your library media center maintain? What is the format?
9) Security of Library Records: Who has access to the various records maintained in the library media center? What security procedures are in place to avoid unauthorized access to and disclosure of library records?
10) Disposal of records: Are library records and backup tapes that are no longer needed destroyed on a regular schedule?
When information to determine the status of privacy in your library media center has been collected, the answers should be carefully analyzed for instances where patron privacy and confidentiality of records may be in jeopardy of being seen by unauthorized persons. It is also important to consider whether all the data collected by library staff is really needed. Consider the level of knowledge held by adult library paraprofessionals, student assistants, parent or other volunteers, and instructional technology (IT) staff about patron privacy and state and federal law relating to the confidentiality of library records. Is patron privacy being endangered because staff does not understand the importance of keeping library records confidential? Lastly, consider areas where current privacy protections are sufficient.
When the analysis part of the audit is completed, the results should be used to modify current school library records practice. A simple plan should be developed to modify current practices or to create necessary policies and procedures to ensure the privacy of all school library media center patrons. The plan should include who will be responsible for making the necessary changes and a timeline for completion of the tasks. If the library does not currently have a privacy policy, one should be developed and approved by the board of education. Information on developing a privacy policy is described in the Privacy Matters column, SLMAM, December, 2006.
After new policies and procedures have been developed and approved, the final step is to train all staff, both paid and unpaid, about the library media center's policies and procedures for maintaining the privacy of patrons and the confidentiality of records. Training should include information about state laws relating to patron library records in order to avoid disclosing protected personal records.
More information on library privacy audits may be found in Privacy in the 21st Century: Issues for Public, School, and Academic Libraries (Libraries Unlimited, 2005). This book contains a step-by-step chart for conducting an audit. Documents to assist with data collection for an audit may be found on the American Library Association website (http://www.ala.org/). Use the search box to search the term "privacy audit."
Next month's column will discuss whether age makes a difference in extending privacy to students in school library media centers.
[Author Affiliation]
Helen Adams is a former library media specialist and technology coordinator in Wisconsin and currently an online instructor for Mansfield University teaching Accessand Legal Issues for the Information Age. A frequent conference presenter, she is the author of School Media Policy Development and co-author of Privacy in the 21st Century: Issues for Public, School, and Academic Libraries (Libraries Unlimited, 2005). Email: hadams1@centurytel.net
Indexing (document details)
Subjects: Library resources, Librarians, Disposal of records, Law, Data collection, Privacy
Author(s): Helen R Adams
Document types: Feature
Section: PRIVACY MATTERS
Publication title: School Library Media Activities Monthly. Baltimore: Feb 2007. Vol. 23, Iss. 6; pg. 35, 1 pgs
Source type: Periodical
ISSN: 08899371
ProQuest document ID: 1195358631
Text Word Count 895
Document URL: http://proquest.umi.com/pqdweb?did=1195358631&Fmt=3&clientId=5874&RQT=309&VName=PQD
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Document 9 of 17
Protecting the Privacy of Student Patrons
Helen R Adams. School Library Media Activities Monthly. Baltimore:Dec 2006. Vol. 23, Iss. 4, p. 37 (1 pp.)
Abstract (Summary)
Adams discusses what action a library media specialist can take to protect....
Sara
Darren,
Look at Section 4509 in Chapter 112 of the Laws of 1988. It can be found on the New York State Library website under Laws and Regulations and in your copy of Excerpts. It deals with the confidentiality of library records in New York State.
As school librarians, we understand the gray area that exists when speaking with parents, especially parents of elementary children. I recommend contacting someone more knowledgeable on the topic. Perhaps John Brock at EMSC can pursue an opinion from Office of Counsel for you. Do you have a liaison at Library Development? They have dealt with issues like this many times and may have a wealth of information for you.
Donna
In addition, AASL has position statements on a variety of topics at:
http://www.ala.org/ala/aasl/aaslproftools/positionstatements/aaslposition.cfm
One of these is "Confidentiality of Library Records".
The AASL position statements have been listed on the SLMS Links page at: http://www.nyla.org/index.php?page_id=600
Also, NYLA has a page on sample library policies under "Member Resources":
http://www.nyla.org/index.php?page_id=1342 On this page under "Circulation and Patron Registration". From the Hepburn Library Of Madrid
(member of the North Country Library System): "Library records that are deemed confidential are covered by New York State Law signed on June 13, 1988 (I CPLR 4509)." Maybe this applies??
--Diana
Diane,
Thanks for quoting the NYS Law regarding confidentiality of library records which does apply to all types of libraries. This law in effect says that library staff is not to supply the names of patrons and what they have checked out without a court order. While at SED the Bureau always recommended that this law was to be followed. The easiest way to follow the law was to not have any records beyond what was necessary to administer the library program. Automation systems which do not retain patron names facilitates this process. For libraries without automation systems we recommended names be crossed off checkout cards with dry markers. I know from personal experience while working in a high school, I was asked to supply the name of a patron who had checked out a book; I told the State Police they would need a court order and I was backed up by the school administration when I explained the importance of patron privacy.
Fran
Fran,
Yes, the state law protects the confidentiality of records, but then so does FERPA. The problem is that FERPA, as a Federal law, guarantees parents access to the educational records of their minor children. If the state police come calling, FERPA demands that schools take steps to protect student privacy. But if it is the parents asking? Doesn't FERPA trump CPLR 4509?
I would love to be wrong because there is way too much invasion of privacy going on anymore, but FERPA seems pretty adamant that parents be given access. The last bit of CPLR 4509 is the problem in that it includes a very broad exception: "or where otherwise required by statute." FERPA requires it in the case of parents. I would still try to fight the good fight, but sad as it is, it looks to me like parents of children under 18 have access to any records that are kept.
chris
My understanding (after taking ed. admin.) courses is that parents have a right to any records kept by the school on their child. But if your automation system doesn't keep records, or you can't figure out how to access them, you don't have anything to give them.
Kelly
Chris,
Interesting discussion which will probably have to be left to the lawyers, however as a librarian I would still go with the library confidentiality law and request a court order to deliver such information. Of course as has been discussed by others the simple solution is not to keep these records. This makes life much easier these days with automation systems rather then in the "old days" when students wrote they names on
cards.
Fran
Hello;
Mr. O'Bryan's question on parental access to student school library borrowing records is multi-faceted; it includes parental/guardian record access issues for minors, record retention issues, and public record access issues.
Title 8 of the New York Codes, Rules, and Regulation, Department of Education, Section 185.11, 8NYCRR (Appendix H), subsection Public Access to Records , may be applicable. It reads that:
Access issues are not covered by the Local Government Records Law but are covered by the Freedom of Information Law (Public Officers Law, sections 84 through 90). SARA ( State Archives and Records Administration) urges local government officials to consult with their own counsels, the Committee on Open Government which administers the Freedom of Information Law (see below), or the state or federal agency having oversight over the records in question. The Committee on Open Government is responsible for administering the Freedom of Information Law, which governs rights of access to government records. (The Committee also administers the Open Meetings Law which concerns the conduct of meetings of public bodies and the right to attend those meetings.) The Committee can provide written or oral advice and mediate in controversies in which rights may be unclear.
The full law is available on the LoisLaw database at the NY State Library, with a NYS Library card and PIN number, or I can forward it upon request.
Mr. Freeman at the Committee on Open government is a lawyer and has provided advisory opinions on such topics.
If you wanted to further shape the question for his Committee's review, I think you will find he is very helpful. Please note that he will advise precisely only on the question as it is worded to the Committee.
Thanks.
John P. Brock
Associate in School Library Services
Office of Curriculum, Instruction, and Instructional Technology
New York State Education Department
89 Washington Avenue
Room 319 EB
Albany, NY 12234
Phone: (518) 474-5922
FAX : (518) 473-4884
JBROCK@MAIL.NYSED.GOV
http://www.emsc.nysed.gov/ciai/home.html
Received from external email:
Article 4509 is below and is on the New York State Library's website
www.nysl.nysed.gov/libdev go to laws and Regs and then click on the
"Public Library Law" by Allan Carter....
§4509. Library records
Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute.
“It is the court’s determination that disclosure of the information sought [i.e., employees who used the Southern Adirondack Library System’s “Library Without
Walls” electronic information service to explore the Internet] should not be permitted. …Were this application to be granted, the door would be open to other similar requests made, for example, by a parent who wishes to learn what a child is reading or viewing on the ‘Internet’ via ‘LWW’ or by a spouse to learn what type of information his or her mate is reviewing at the public library.” (Quad/Graphics, Inc. v. Southern Adirondack Library System, 174 Misc. 2d 291, 664 NYS 2d 225, September 30, 1997).
“With regard to the request for releases [signed by parents whose children appeared on a promotional videotape produced by the library board of trustees], it
[Section 409 of the CPLR] is applicable, the releases would be exempted from disclosure by [Freedom of Information Law, Section 87 (2) (a)].” (Committee on Open Government Advisory Opinion FOIL-AO-6046, April 26, 1990).
“Based upon [Section 87 (2) (a) through (I) of the Freedom of Information Law and Section 4509 of the CPLR], I believe that registration cards or other library records containing ‘names or other personally identifying details’ concerning library users are confidential.” (Committee on Open Government Advisory Opinion FOIL-AO-6721, July 10, 1991).
“While most library records, including bills, must be disclosed, I point out that [Section 4509 of the CDLR] dealing directly with records pertaining to library users requires that those records be confidential.” (Committee on Open Government Advisory Opinion FOIL-AO-8855, May 24, 1995).
"As I understand the foregoing [i.e. CPLR §4509], the Library is prohibited from disclosing records that contain personally identifying details regarding its users. If its election procedures Civil Practice L., sec.2307 (cont’d)
- 4 - are inconsistent with the requirements of §4509, they should, in my
view, be altered to comply with law [sic]." (Committee on Open Government Advisory Opinion FOIL-AO-1336, February 26, 1999). [Note: concerned with a request about patrons accessing pornography on the internet].
"Based on [CPLR, section §4509], in so far as library records identifying a user of a library's service, I believe that the record must be withheld" (Committee on Open Government Advisory Opinion FOIL -AO-1535, June 22, 1999.)
“Insofar as library records [various library logs] identify users of a library’s services, I believe that the records must be withheld. Further, even if §4509 does not apply, I believe that records identifiable to the users of a library could be withheld on the ground that disclosure would constitute ‘an unwarranted invasion of personal privacy’“[See Freedom of Information Law,§87 (2)(b)].(Committee on Open Government Advisory Opinion FOIL-AO-13308, April 15, 2002.)
Christopher Harris, School Library System
Genesee Valley BOCES
Ph: 585.344.7942
Websites: sls.gvboces.org & fish4info.org
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