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Privacy
Course

Privacy Issues in School Libraries [7:51]

https://players.brightcove.net/2566261579001/HyuWsfFhb_default/index.html?videoId=4435602282001

About

We discuss privacy issues that school librarians are likely to encounter.

Transcript

The state and federal laws governing students' privacy in school libraries are confusing and leave a lot of gray areas for interpretation. For example, what if a middle or high school teacher asks a school librarian if a student checked out a book which the student purportedly used in an assignment or if the librarian saw him using it in the library? Can the school librarian legally and ethically disclose this information?

Let's analyze the answer. Ethically under the ALA Code of Ethics which states, "We protect each library user's right to privacy and confidentiality" the school librarian should not give the teacher this information. Legally, under state library records laws, teachers and school staff are not listed as an exception for disclosing the information. The Family Educational Rights and Privacy Act permits educational institutions to disclose information in the students' records to any school official who has a legitimate educational interest. Does this mean the school librarian must tell the teacher if the student checked out the library resource or if the library professional observed the student using the book? Is there a legitimate educational reason to share the student's information with the teacher? Best practice would certainly recommend that the librarian should not disclose what a student checked out or used in the library. In this case, the teacher should speak directly to the student.

In the first privacy dilemma, the school librarian was asked by a teacher to provide information about what a student checked out. What is one of the safest ways to protect students' library records from disclosure? This is not a trick-question. The answer is maintain minimal paper and digital library records, retain library circulation, interlibrary loan and other records only until they are no longer needed, then delete or destroy them.

The shortest possible retention of records helps insure patron privacy. You can't divulge information in a record that no longer exists. Set your circulation system to delete records breaking the link between the borrower's name and the item when the resources returned, unless of course, there's a fine because the resource was overdue. Additionally at the end of the year, purge circulation records for returned items. Again, except for those with library fines. If circulation records are not purged patron check out histories beginning with the very first item borrowed on the first day the automation system was installed through present day are all readily accessible. This is a nightmare and puts all students' privacy at risk. In addition to a school library privacy policy, your library also needs a records' retention policy. A records' retention policy defines the types of records and data that are essential for library management. It also states how long they will be preserved and gives a basic timeline for deleting the unnecessary information.

Here's another thorny dilemma: how do you notify students about their overdue library materials? School librarians have a fiduciary responsibility to maintain the collection. Recovering overdue and lost library materials is a huge problem. Can a school librarian legally and ethically post on the door to the library or in the hallway names of students and the titles of the resources they have overdue? Ethically there is no question that this is a violation of the Code of Ethics which 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."

Legally, neither FERPA nor a state library records' laws would permit the disclosures of this personally identifiable information. Best practice would recommend creating printed notices including the titles of overdue and lost materials. The resource should be closed, folded and stapled with only the students' name visible and given to the student directly or to a teacher to distribute. However, it would be totally unethical to give teachers the printed overdue notice without closing and securing it to reveal only the student's name. If the teacher unthinkingly reads off the title of the overdue material it may lead to embarrassing students and a lot of teasing and possible bullying.

When is it permissible or even necessary for a school librarian to violate a student's privacy? On rare occasions a school librarian may report concerns to a guidance counselor or the principal out of apprehension for the individual's wellbeing or the safety of others. In fact, we educators are required by law to report suspected child abuse, but there are also other potential dangers such as bullying or severe depression. As a school librarian you are in a unique position to observe kids outside the classroom. You are likely to notice significant changes in their personality, circle of friends or mood swings. What action would you take if you feel a student needs help? Begin by talking informally with him or her and letting the student know that the discussion is strictly confidential. If the student's troubling actions persist seek out the student's school counselor. The counselor may have received reports about the student from other teachers and students and is trained in how best to proceed. If you're worried about the safety of students and staff, the logical choice of a confidant is your principle. These are just four privacy issues faced by school librarians, but many more exist. The list of privacy concerns related to e-readers, cell phones, and other high-tech devices grows every year. The ALA privacy toolkit includes information on emerging technologies that are generating privacy concerns. A link to the toolkit is provided in your key privacy recoures bibliography. Here's another issue: with more schools using Cloud-based storage services, protecting the data is a security and privacy concern. In fact, the state of Georgia has passed legislation that requires all schools to have a data governance policy. With your consciousness now raised, you'll begin to see the other privacy issues.

Activities

Privacy in Practice

Context:

In this lesson, Adams gives examples of how privacy issues may impact students. Suggestions for best practice when dealing with possible privacy violations are given.

Instructions:

Find your school library policy and procedure manual. What do the manuals say about privacy and/or confidentiality? How do your library policies and procedures match up with the example scenarios provided in the lesson?

Entry ID: 2136333

Additional Resources

Key Resources Bibliography.

About the Author

Helen R. Adams, MLS, is an online senior lecturer for Antioch University-Seattle in the areas of intellectual freedom, privacy, ethics, and copyright. A Wisconsin resident, she formerly worked as a school librarian and served as president of AASL. She is chair of the ALA Intellectual Freedom Committee and a member of the AASL Knowledge Quest Advisory Board. She authored Protecting Intellectual Freedom and Privacy in Your School Library (Libraries Unlimited 2013) and co-contributed a chapter on intellectual freedom to the second edition of The Many Faces of School Library Leadership (Libraries Unlimited 2017).

Select Citation Style:
MLA Citation
Adams, Helen R. "Privacy. Privacy Issues in School Libraries [7:51]." School Library Connection, ABC-CLIO, September 2015, schoollibraryconnection.com/content/course/1979854?learningModuleId=1979860&topicCenterId=2247902.
Chicago Citation
Adams, Helen R. "Privacy. Privacy Issues in School Libraries [7:51]." School Library Connection video. September 2015. https://schoollibraryconnection.com/content/course/1979854?learningModuleId=1979860&topicCenterId=2247902.
APA Citation
Adams, H. R. (2015, September). Privacy. Privacy issues in school libraries [7:51] [Video]. School Library Connection. https://schoollibraryconnection.com/content/course/1979854?learningModuleId=1979860&topicCenterId=2247902
https://schoollibraryconnection.com/content/course/1979854?learningModuleId=1979860&topicCenterId=2247902

Entry ID: 1979854