Search

This article discusses the protection of user privacy in the age of digital libraries in the U.S. The topic of privacy regulations is complex at best, but research yielded three key insights. First, there is a host of legislation at both the federal and state level that applies to the users' privacy issues. At the federal level, the Privacy Act of 1974, Family Education Rights and Privacy Act (FERPA), and Children's On-line Privacy Protection Act (COPPA) are of interest to libraries. The Privacy Act of 1974 was passed in order to control the federal government's collection, use, and dissemination of sensitive personal information. FERPA is a law that requires educational institutions to protect students' privacy with regard to educational records, while COPPA prohibits Web sites from collecting personal information from children under the age of 13 without the consent of their parents. However, research suggested that this legislation is most pertinent to libraries. Second, the Library Bill of Rights and the American Library Association (ALA) Code of Ethics both have strong statements regarding libraries and a librarian's responsibilities to user privacy. The Library Bill of Rights implies that privacy needs to be protected by libraries. This is because users lose their freedom of inquiry if their privacy is not guaranteed. Furthermore, the ALA Code of Ethics makes a more direct statement regarding libraries and privacy: 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. Third, beyond the legislative realm, libraries need to pay attention to privacy issues because they are part of the greater landscape of the Internet, and most commercial Web sites have some sort of privacy statement and policies.

The article offers information on online resources for legal issues that affect libraries. The American Library Association Web site has a page devoted to federal legislative issues such as Internet access, radio frequency identification (RFID) systems, copyright and digital rights management. Librarian and lawyer Bryan M. Carson, has created a Web site that provides documents related to library law. The iTunes service offers a set of links to podcasts from institutions of higher education about legal issues surrounding technology.

Comments on a meeting of the board of trustees of the Kitsap Regional Library System in Bremerton, Washington. Expectation of the author that the meeting would be a venue for heated debate about the Children's Internet Protection Act (CIPA); Opinion that CIPA, which mandates that federally funded libraries implement Internet filters for public access computers, amounts to censorship; Events of the meeting, at which attendees were polite and generally supportive of the library's position on CIPA.

Comments on the legal advice included in this issue of the magazine. Mention of articles which provide information, tips and personal experiences with legal issues related to computers in libraries; Opinion that there remain many unanswered questions in the areas of digital copyright and privacy of electronic information.