Confidentiality
Library Law
Confidentiality Law (Section [149.43.2] 149.432 of the Ohio Revised Code), passed in 2000, provides that
"library records and patron information are confidential except if the parent, guardian, or custodian of a minor child requests a library record or patron information pertaining to that child and in certain other situations."
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
What does the Law mean to your library? How is it carried out? If your library provides remote reference services (Web, chat, instant messaging, email, etc.), how are privacy and confidentiality handled? Discuss the examples in the Activity with your supervisor. You want to do the right thing, but be sure you know what the right thing is!
USA PATRIOT Act, Intellectual Freedom, and Library Law
Confidentiality is also governed by Federal laws. For changes in library law, and current information regarding confidentiality, privacy, intellectual freedom, and the USA PATRIOT Act, information is available from the ALA site.
- USA Patriot Act pages. Information about how to respond if law enforcement "knocks at the door"; for changes made by the USA Patriot Act to a number of laws; and the ALA Resolution on Patriot Act regarding electronic surveillance and privacy.
- Office for Intellectual Freedom site, containing ALA Intellectual Freedom Policies, Help with Challenges, Privacy, RFID (Radio Frequency IDentification Tags), ALA Resolutions, Children's Internet Protection Act, Notable First Amendment Court Cases, News, and What You Can Do to Oppose Censorship. "Intellectual Freedom is the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored. Intellectual freedom encompasses the freedom to hold, receive and disseminate ideas."
- Freedom to Read Foundation: Information concerning how expanded surveillance powers are being used in libraries and bookstores.
Internet Filtering, CIPA, Deleting Online Predators Act
Stay 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.
What Now?
The State Library of Ohio has Sample Library Policy Statement links, including Internet and confidentiality policies. Look at policies in your library covering confidentiality, Internet use, CIPA, or USA PATRIOT Act.
Next, complete the Activity, and then go on to the next page: Review.
