Privacy and Confidentiality in the K-12 Library Environment: What Users Should Know
By: Muzzy ([email protected])
Contents
Why is Privacy and Confidentiality Important to You as a User?
ALA and AASL Position Statements
Federal Laws - What You Need to Know
What is FERPA?
What is COPPA?
Online Privacy - What You Need to Know
Online Privacy Information for Parents
Online Privacy Information for Students
Additional Resources
Books
Articles and Pamphlets
Internet Resources
Why is Privacy and Confidentiality Important to You as a User?
In the context of school libraries, the term privacy is defined as "the right to engage in open inquiry without having the subject of one's interest examined or scrutinized by others" (American Library Association Office for Intellectual Freedom 2005, 402). Associated with this is the term confidentiality. "Confidentiality exists when a library keeps that information private on their [patrons'] behalf" (American Library Association Office for Intellectual Freedom 2005, 402).
But why is this import to you, as the user? Privacy is important within school libraries, or any library for that matter, because without privacy protections your research could be compromised, and one possible consequence is that you may avoid controversial topics because of fear. Also, your library records hold a lot of personally identifiable information about you, and the librarian is often even further informed about you through observations and/or interactions. However, you should be able to gather information within the library without your privacy and confidentiality being violated.
ALA and AASL Position Statements
Those in the library profession have a strong commitment to protecting the user privacy. This obligation is evident in American Library Association (ALA) and American Association of School Librarians' (AASL) statements.
According to the ALA, there are rights of library users. The ALA states:
The Library Bill of Rights affirms the ethical imperative to provide unrestricted access to information and to guard against impediments to open inquiry. Article IV states: 'Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.' When users recognize or fear that their privacy or confidentiality is compromised, true freedom of inquiry no longer exists.
In all areas of librarianship, best practice leaves the user in control of as many choices as possible. These include decisions about the selection of, access to, and use of information. Lack of privacy and confidentiality has a chilling effect on users’ choices. All users have a right to be free from any unreasonable intrusion into or surveillance of their lawful library use.
Users have the right to be informed what policies and procedures govern the amount and retention of personally identifiable information, why that information is necessary for the library, and what the user can do to maintain his or her privacy. Library users expect and in many places have a legal right to have their information protected and kept private and confidential by anyone with direct or indirect access to that information. In addition, Article V of the Library Bill of Rights states: 'A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.' This article precludes the use of profiling as a basis for any breach of privacy rights. Users have the right to use a library without any abridgment of privacy that may result from equating the subject of their inquiry with behavior (ALA, Privacy: An Interpretation of the Bill of Rights).
The ALA Code of Ethics 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." (ALA, Code of Ethics).
The AASL "Position Statement on the Confidentiality of Library Records" further affirms:
"The library community recognizes that children and youth have the same rights to privacy as adults." (AASL, Position Statement on the Confidentiality of Library Records).
Additional information can be found on the following page:
Federal Laws - What You Need to Know
There are laws established safeguarding the confidentiality of children's information. The major legislative act that sets parameters on accessibility and disclosure of student records, including library records, is The Family Educational Rights and Privacy Act (FERPA, 1974). The major legislative act that specifically protects the online privacy of children under the age of 13 is The Children's Online Privacy Protection Act (COPPA, 2000).
As stated on previous pages, The Family Educational Rights and Privacy Act (FERPA, 1974) protects the privacy interests of students, and it protects the personally identifiable information in student education records.
View the video below for a brief overview of FERPA.
FERPA allows parents the right to access and amend their children’s education records, and gives them some control over the disclosure of the information in these records. FERPA generally prevents an education agency or institution from sharing student records, or personally identifiable information in these records, without the written consent of a parent. Note that it generally is not applicable to other data that a school may collect, such as information on teachers (although there may be other State laws guiding the use and disclosure of that data). When students reach the age of 18, or attend a postsecondary institution at any age, they are considered “eligible students” and all of the rights afforded by FERPA transfer from the parents to the students.
Basically, FERPA gives parents/eligible students certain rights such as:
- Right to review and inspect education records (This includes library records.)
- Right to request amendments
- Right to provide a written consent
- Right to file complaint
- Protection if they have personally suffered a violation
Additional sources of information from the U.S. Department of Education are listed below.
The Children's Online Privacy Protection Act (COPPA, 2000) specifically protects the privacy of children under the age of 13 by requesting parental consent for the collection or use of any personal information of the users.
View the video below for a brief overview of COPPA. Note that this video is intended for teachers, but it has applicability for parents and students as well.
The main requirements of the Act state that a website operator must comply with the following:
- A general requirement to protect the confidentiality, security, and integrity of any personal information that is collected online from children
- Limited collection of personal information when a child participates in online games and contests
- A Right to revoke consent and have information deleted
- Disclosure to parents of any information collected on their children by the website
- Acquisition of a verifiable parental consent prior to collection of personal information from a child under the age of 13
- Incorporation of a detailed privacy policy that describes the information collected from its users
Additional sources of information are listed below.
Online Privacy - What You Need to Know
As outlined above, school libraries and federal regulations try to protect minors' information as much as possible. However, users must actively protect themselves online, at school or at home.
This leads to the question, what do you know about online privacy? Watch this eye-opening video to learn how you are being tracked online without your knowledge.
Online Privacy Information for Parents
So, what can you do about it? The most important step you, as a parent, can do is teach your children to protect their online identity, as well as how to safety navigate the Internet.
- Teach children that what they post on the Internet will always be available for others to see, even if they delete it.
- Place the computer in a public room in your home so you can monitor their use.
- Teach children not to give out personal information such as their last name, your last name, their home address, or phone number.
- Establish ground rules for your children's Internet usage, including the hours they may surf and the kinds of websites they may visit.
- Surf the Internet with your children, or at the very minimum, talk to them about the websites they are visiting.
- Make sure your kids know not to agree to a face-to-face meeting with someone they meet online.
More useful tips are in the video below.
You can also employ the use of Internet safety features on your computer to protect you and your family. These include:
- Blocking all cookies (Wondering what a cookie is? Visit the Unofficial Cookie FAQ.)
- Blocking popup windows
Tutorials on these topics, plus more tips, available on TRUSTe's Privacy Tips page.
For additional information, explore these links:
Online Privacy Information for Students
What can you do to protect your online privacy as a minor?
- Remember that what you post on the Internet will always be available for others to see, even if you delete it. Think twice before you post anything. Is this something you would want others to see years from now?
- Do not give out your personal information such as your last name, your parents' last name, their home address, or phone number.
- Talk to your parents about the websites you are visiting. If something doesn't seem right, let them know.
- NEVER agree to a face-to-face meeting with someone you meet online. If someone attempts to arrange a meeting, let your parents know right away.
For more information, examine these sites:
Additional Resources
Be sure to check the Home page and the Institution User page for additional information.
Gottfried, T. (1994). Privacy. Brookfield, CT. : Millbrook Press. eBook
Analyzes the controversial area of individual privacy with a focus on such issues as the confidentiality of medical and other personal information, the ethics of drug testing, the rights of the news media to intrude into private lives, and the need to balance law enforcement and privacy concerns.
Grayson, R. (2011). Managing your digital footprint. New York City, NY : Rosen Central.
This book raises readers awareness of the array of information they can leave behind when using technology and the Web, discussing how to protect their physical and psychological health; identities and property; and social and professional reputations well into the future.
Lenhart, A., Madden, M., & Pew Internet & American Life Project. (2007). Teens, privacy & online social networks: How teens manage their online identities and personal information in the age of MySpace. Washington, D.C. : Pew Internet & American Life Project. eBook
Online social networks are spaces on the Internet where users can create a profile and connect that profile to others to create a personal network. Young adults and teenagers are among the most avid users of such websites. Are they sharing information that will harm their future college or job prospects?
Merino, N. (2011). Teens and privacy. Detroit, MI : Greenhaven Press.
Discusses the issue of teenagers and privacy, including if they have a right to privacy from their parents, when receiving medical care, and in relation to new technology.
Adams, H. R. (2007), Principals and confidentiality of library records. School Library Monthly, 24(2), 32.
Advice on responding to a principal's request for a student's library record is provided.
Adams, H. R. (2008). More privacy concerns about technology use. School Library Monthly, 24(8), 36.
The writer examines library technologies that may affect student privacy. These technologies are radio frequency identification, biometrics, and surveillance cameras.
Adams, H. R. (2011). The privacy problem. School Library Journal, 57(4), 34-37.
The article discusses the privacy right of students who use school libraries, particularly the legal aspects of this issue. Consideration is given to the legalities that may require school librarians to give officials library records pertaining to what books particular students have checked out and particular attention is paid to the 1974 U.S. Family Educational Rights and Privacy Act (FERPA). Other topics include scenarios where a librarian may have concerns about a student's safety and library management technology.
Maycock, A. (2010) Choose privacy week and school libraries. Knowledge Quest, 39(10) 68-72.
The writer discusses school libraries and the American Library Association's annual Choose Privacy Week. She points out that Choose Privacy Week was launched in 2010 to raise awareness of privacy concerns and the rights of library users in a digital era. She discusses school libraries' role in the initiative and outlines resources and ideas for library participation.
Especially for Young People and Their Parents
This ALA webiste is designed for parents and children, and offers numerous links and information on the topic of privacy.
Online Privacy - A Tutorial for Parents and Teachers
This pdf, distributed by TRUSTe, clearly outlinines specific actions that can be done to teach children about online privacy.
Works Cited and Credits
"20 USC § 1232g - Family educational and privacy rights", Cornell University Law School. http://www.law.cornell.edu/uscode/text/20/1232g (Accessed November 23, 2012)
"Code of Ethics of the American Library Association", American Library Association, July 7, 2006. http://www.ala.org/advocacy/proethics/codeofethics/codeethics (Accessed November 20, 2012)
"COPPA - Children's Online Privacy Protection Act" Federal Trade Commission. http://www.coppa.org/coppa.htm (Accessed November 23, 2012)
Office for Intellectual Freedom, American Library Association. Intellectual Freedom Manual. 7th ed. American Library Association, 2005.
"Privacy: An Interpretation of the Bill of Rights", American Library Association, June 19, 2002. http://www.ala.org/Template.cfm?Section=interpretations&Template=/ContentManagement/ContentDisplay.cfm&ContentID=132904 (Accessed November 20, 2012)
"Position Statement on the Confidentiality of Library Records", American Association of School Librarians, February 6, 2012. http://www.ala.org/aasl/aaslissues/positionstatements/conflibrecds (Accessed November 19, 2012)
All clipart retrieved from: Microsoft Corporation. (2010). Microsoft Office PowerPoint 2010 [computer software]. Seattle, WA: Microsoft.