Privacy and Security for Libraries in the 21st Century

Privacy and Security for Libraries in the 21st Century
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Abstract
Privacy and security issues have continuously grown and changed in response towards the rapid changes in technology, legislation practices and numerous threats towards personal data. Currently, the United States does not have a definitive privacy policy; however, libraries have been widely known to take significant measures in safeguarding the security and privacy of their users and patrons. These processes have been possible through the creation of privacy and security policies, practices and frameworks.
Library associations assist in the introduction of laws that handle privacy protection and issues related to security. Librarians can use their knowledge and expertise in educating patrons, users, third-party vendors concerning their role in privacy and security of libraries. With the latest challenges regarding privacy, the paper will assess the historical viewpoints on privacy. It will also evaluate the various policies, challenges and technologies related to security and privacy and the manner that they are being implemented and carried out.
As privacy issues have become more complicated due to the rapid development of information technology which is outside the scope of a physical library, effective global solutions such as creation of a customized or personalized library system will be necessary in handling emerging issues such as data protection for library users.
Keywords: Privacy, libraries, ethics, confidentiality, analysis, cybersecurity, patron, data protection, Information management, Information Security, legislation and law, vendors, discovery tools
Introduction
Proper planning for safety and privacy in libraries encompasses numerous elements, including protection of the user and staff, safeguarding them against vandalism. Libraries are essential structures for uninhibited access to information, and therefore, librarians must stand behind the rights to privacy and freedom of inquiry of its users. Currently, the U.S does not have a comprehensive privacy policy, but most libraries have been known to take the necessary measures in ensuring that the privacy of its users and staff are upheld and also can access their materials.
This is an essential value that surrounds the concept that people can access or read materials offered by the library without having concerns that their selections might be available to the public. With the numerous concerns towards privacy, the paper will analyze the historical aspect related to libraries and privacy. It will also analyze the policies associated to privacy, problems and technologies involving security and privacy for libraries in the 21stcentury.
Privacy in Historical Perspectives
“The Right to Privacy,”, which was published in 1890 by Louis Brandeis and Samuel Warren in the Harvard Law Review, provided the foundations of the definition of privacy as the right for any person to be left alone (Brandeis, 1890).This definition is highly consistent and fundamental as it underscores the social and personal dimensions of the concept that have remained relevant long after the publication of the essay. Eventually, numerous institutions and individuals have proposed multiple definitions of privacy.
The relevance of Brandeis and Warren’s definition has been utilized in determining the privacy of communication technologies such as the telegraph and telephone in the U.S in the late 19th century. They may not have been able to anticipate the numerous threats to privacy made possible by advanced and emerging technologies such as computers, mobile devices, the Internet, and a multitude of other information and communication technologies, but their concept of privacy is still essential today. There are numerous privacy concerns that have emerged with the development of the Internet and communication technologies worldwide. These developments have gained massive popularity due to the high number of individuals that utilize these technologies however; they pose serious privacy concerns for library users. The concepts on Brandies and Warren’s publication can be applied in handling such privacy challenges for library users and also libraries when using such communication technologies.
The history of the legislation of privacy has continuously grown simultaneously with the legal requirements that are associated with the evolution of information technology since the 1960s.The proper understanding of the definitions of privacy and also the manner that it has emerged as an enormous social issue is essential in comprehending data protection, legislation involving privacy and information security. Such measures are already being practiced in Europe, the U.S and various other nations worldwide.
Sources of Law and Regulatory Environments in the United States
The several sources of privacy policies in the U.S include the federal and state constitutions, case laws such as contracts and torts and regulations that are implemented and issued by agencies. A publicly funded library is typically subjected to privacy laws and regulations at the local, state, and national levels of a country. Sometimes, such institutions are also subjected to privacy policies and regulations which are included in international and regional agreements some of which are highly nonbinding.
The supreme law in the U.S is the U.S. Constitution, drafted originally by the Constitutional Convention in 1787. The United States Constitution does not clearly define the word privacy and no explicit right to privacy. Although some part of the Constitution directly affects privacy, such as the Fourth Amendment limits on government searches. The Supreme Court has emphasized that an individual has the right to privacy over personal issues such as abortion and also from numerous general protections of due process of law (Chmara, 2009).
The First Amendment offers provide broad protections to speech and information access in the United States, and culturally the country seems inclined to be suspicious of any attempt to regulate speech, including Google search results (Falk & Volokh, 2014).More information seekers’ concerns that Google, other search engines, online services and mobile applications have been collecting data on users’ information seeking behavior, search patterns and their topics of interest when seeking information online without their consent.In the United States, various privacy policies are established by different regulatory sectors such as the healthcare sector that has enacted the Health Insurance Portability and Accountability Act (HIPAA) twelve years ago.
The American Library Association (ALA) and other similar institutions have taken up the duty for collecting the policies and comprehending their application to library patron data. Various laws, regulations and agreements profoundly influence library user privacy. Constitutional protections safeguard citizens from the government eavesdropping on their conversation as stated in the Fourth Amendment. National legislative protections such as the Electronic Communication Privacy Act in 1986 and the Network Neutrality Regulations in 2016 were created and enacted. Regulatory agencies that include the Federal Communications Commission are in the frontlines of safeguarding consumers from misuse of personally identifiable information (PII) by the private sector. Several federal agencies also help in preserving privacy rights by exercising privacy policies. These include the United States Department of Justice and even the Federal Trade Commission.
Implementation of the federal privacy policy leads to the creation of laws such as the Children’s Online Privacy Protection Act (COPPA) which was enacted in 1998 to protect a child’s use of the internet. Implementation of regulations of network neutrality by the Federal Trade Commission in 2016 led to the prevention of internet service providers (ISPs) from selling browsing data of internet users that affect the privacy of patrons and also the community.
Library confidentiality agreements are also included as state laws in every state (ALA, 2018a). In California, the Legislature passed a concise privacy policy and also has empowered the consumer privacy rights in the entire country. This legislation known as the California Consumer Privacy Act has three main elements:
* The California Consumer Privacy Act provides consumers which include both users and the staff of libraries the right to ask institutions such as libraries to disclose data collected on them.
* Patrons and library users also can demand that their data must not be sold or shared with third parties including content providers and library vendors for business purposes.
* Library patrons and users also have the right to sue libraries and other organizations that violate the law (CCPA, 2018).
Other international agreements include the Organization for Economic Co-operation and Development Guidelines created in 1980. The EU General Data Protection Regulation (GDPR) was enacted in 2016, protects privacy, conditions for consent and also the flow of data across borders. Numerous library staff, online users and libraries may not be aware of or comprehend the effect of these policies, since this legislation is relatively new and the implications of such a policy is still being developed effectively by policymakers.
Librarians as Privacy Advocates
As clearly highlighted in the Code of Ethics for librarians, information professionals must act as privacy advocates for all the patrons they serve. According to Givens (2015), the ethical principles librarians and information professionals have emphasized highlight the importance of safeguarding intellectual freedom and civil liberties of all individuals. This means ensuring that privacy and personally identifiable information are protected in every aspect at all times when the user utilizes the library. The American Library Association’s recommendations and resources on privacy are posted on the organization website and locate relevant information such as the Choose Privacy campaign by the ALA (ALA, 2018b). The resources are targeting the education of patrons about privacy issues, so they can make informed choices about their own privacy. Librarians have always been considered individuals of respecting and continuously advocating for the rights to privacy of their patrons as they pursue their intellectual interests.
This practice has been highly essential, because, in the past, patrons were customarily jailed or persecuted for reading fiction or non-fiction and controversial books (ALA, 1939). This resulted into the implementation of the Code of Ethics for Librarians by ALA in 1939, which stresses that the librarian is accountable in handling private information of a patron as highly confidential in all instances. Subsequently, numerous policies and guidelines have been issued in the reinforcement of this policy. This has led to most library patrons in acknowledging that libraries typically do their best in safeguarding their privacy and intellectual liberties while promoting an environment whereby a free exchange of ideas is fostered and respected.
Library Associations have raised numerous concerns regarding privacy and security problems for an extended period. ALA has handled the issue of privacy mainly by its interpretations that expand on the Library Bill of Rights dedicated for Libraries. This indicates that this is the liberty of any individual such as patrons to exchange ideas with other library users in an environment that respects the intellectual freedom, free exchange of ideas, privacy and confidentiality (ALA, 2007). Most legal institutions such as the Supreme Court and ALA have stated that while a person accesses a public library, they are entitled to freely exchange their ideas and information without any restrictions as outlined in the First Amendment. This is highly justified especially when federal regulators attempt to restrict access to information by blocking various information websites from the public which goes against all the fundamentals on freedom of expressions which is provided by the Constitution
The International Federation of Library Association (IFLA) indicates that privacy is vital to the liberties of expression and provides the user with the proper information concerning their privacy. IFLA emphasizes that the staff of the library must adhere to the privacy of internet users within the library and also their internet search histories. A librarian must not keep a record of any internet user’s search history than the extent to which is required by law. The librarian must protect the integrity of the patron’s records in all instances (IFLA, 2006). However, numerous situations involve delicate issues whereby exposure of items that have been accessed o...