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Privacy & ConfidentialityRespect for patron privacy and a regard for the Ohio Confidentiality Law are part of the reference process.Respecting the Privacy of PatronsParagraph III of the American Library Association's Code of Ethics deals with patrons' privacy. "Librarians must protect each user's rights to privacy with respect to information sought or received, and materials consulted, borrowed, or acquired." This means that you should not talk about patrons' requests outside of the library environment. For example, you can't tell your spouse about who dropped into the library to ask how to pick locks. You should not discuss any questions (with anyone!) that would violate a patron's privacy. In discussing questions with your fellow employees, make sure that other patrons can't overhear. ALA Policy on Confidentiality of Library RecordsThe Council of the American Library Association strongly recommends that the responsible officers of each library, cooperative system, and consortium in the United States: 1. Formally adopt a policy which specifically recognizes its circulation records and other records identifying the name of library users to be confidential in nature.* 2. Advise all librarians and library employees that such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power. 3. Resist the issuance or enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction.** *Note: See also ALA "Code of Ethics," point II: "We protect each library user's right to privacy and confidentiality with respect to information sought or received and materials consulted, borrowed, acquired or transmitted."**Note: Point 3, above, means that upon receipt of such process, order, or subpoena, the library's officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.[Adopted January 10, 1971; revised July 4, 1975, and July 2, 1986, by the ALA Council.]USA PATRIOT Act and Library LawConfidentiality is also governed by Federal laws. For changes in library law, and current information regarding confidentiality, privacy, and the USA PATRIOT Act, information is available from the ALA site.
Internet Filtering, CIPA, Deleting Online Predators ActStay aware of state legislation affecting Internet use in public libraries and requirements for CIPA (Children’s Internet Protection Act). Read OLC Government Relations legislative news updates or visit ALA's information pages about CIPA (Children’s Internet Protection Act). Look at the issues about the Deleting Online Predators Act (DOPA), which expands CIPA to include "social networking" web sites on ALA's information site about the issues of Online Social Networks. Major Point: Libraries must protect each user's right to privacy and confidentiality.
1. Find out what your library is doing about the Ohio Confidentiality Law. Confidentiality Law (Section [149.43.2] 149.432 of the Ohio Revised Code), passed in 2000, provides that
Library, library record, Internet, situations, and patron information are all defined and available on the Internet site of the 123rd Ohio General Assembly (H.B.389), and as 149.432 in the Ohio Revised Code. [149.432 in Ohio Revised Code; Title 1 (State Government); Chapter 149 (Documents, Reports, and Records); Section 43.2 "Releasing library record or patron information" at http://codes.ohio.gov/orc/149.432]2. Do you know what records are kept of reference transactions and the confidentiality policies regarding the records? Look at the following confidentiality questions about library records situations. What similar situations might arise for records kept for reference transactions, with in-house or remote services?
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"Librarians must protect each user's rights to privacy."
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