Library Privacy Policies in 2015: Strategies for Renewed Relevance

In recent decades, library associations have advocated for the adoption of privacy and confidentiality policies as practical support to the Library Code of Ethics with a threefold purpose to (1) define and uphold privacy practices within the library, (2) convey privacy practices to patrons and, (3) protect against potential liability and public relations problems. The adoption of such policies has been instrumental in providing libraries with effective responses to surveillance initiatives such as warrantless requests and the USA PATRIOT ACT. Nevertheless, as reflected in recent news stories, the rapid emergence of data brokerage relationships and technologies and the increasing need for libraries to utilize third party vendor services have increased opportunities for data surveillers to access patrons’ personal information and reading habits, which are funneled and made available through multiple online library service platforms. Additionally, the advice that libraries should “contract for the same level of privacy reflected in their privacy policies” is no longer realistic given that the existence of multiple vendor contracts negotiated at arms length is likely to produce varying privacy terms and even varying definitions of what constitutes personal information (PII). These conditions sharply threaten the effectiveness and relevance of library privacy policies and privacy initiatives in that such policies increasingly offer false comfort by failing to reflect privacy weaknesses in the data sharing landscape and vendor contracts when library-vendor contracts fail to keep up with vendor data sharing capabilities. While some argue that library privacy ethics are antiquated and rendered obscure in the current online sharing economy PEW studies point to pronounced public discomfort with increasing privacy erosion. At the same time, new directions in FTC enforcement raise the possibility that public institutions’ privacy policies may serve as swords to unfair or deceptive commercial trade practices – offering the potential of renewed relevance for library privacy and confidentiality policies. This dual coin of public concern and the potential for enhanced FTC enforcement suggests that when crafting privacy polices libraries must now walk the knife’s edge by offering patrons both realistic notice about the limitations of protections the library can ensure while at the same time publicly holding vendors accountable to library privacy ethics and expectations. Potential solutions for how to walk this edge are developed and offered as a subject for further discussion to assist the modification of model policies for both public and academic libraries alike.

View of drafting section in Air Conditioning Department of the New York Trade School

Students are shown working in the drafting section of the Air Conditioning Department of the New York Trade School. Black and white photograph that has some damage around the edges.

Section of Television Laboratory at the New York Trade School

Several students are shown working in a section of the Television Laboratory at the New York Trade School. Black and white photograph with some damage due to writing in red ink along the long edges.

View of Air Conditioning and Refrigeration classroom at the New York Trade School

This black and white photograph shows classroom space of the Air Conditioning/Refrigeration Dept. empty of students. Black and white photograph.

Section of Sign Painting Department

A section of the Sign Painting Department is shown with students working at tables. A variety of signs can be seen hanging around the room including one for a Holiday Inn, an American Meat Market, and one for a Laundrette. Black and white photograph with slight damage from a tear.

Students Working in New York Trade School Library

Students are depicted reading and studying at tables in a section of the New York Trade School Library. Black and white photograph.

Perspective: LaGuardia Community College Newsletter (09 May 1974)

vol. II, no. IV; "A newsletter published periodically to keep the faculty, students, staff, and community informed about the activities taking place on the campus of LaGuardia Community College."