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Re: Questions that didn't used to be sinister



>>> "Robins, Judith" <j.robins@ASAHQ.ORG> 11/29/01 04:49PM >>>
Cynthia:

>As I recall, the American Library Association code of ethics expressly
>prohibits censorship and promotes the privacy of library users.  In the
>past, when the FBI wanted access to circulation records to find out who was
>borrowing certain titles, the ALA stood firmly against it.  


The actual position is that law enforcement agencies must have proper supoenas, etc. in order to obtain library records, rather than just walking in and demanding them. There have been many cases where libraries have explained this to law enforcement officers, some of whom didn't understand the problem, and some of whom followed legal procedures and got the proper paperwork. I think that in mose cases, this is not a question of the ALA requirements but the state laws prohibiting the information being given out.

Even in the case in FL with the computers that the hijackers had used, I think that I read that once the FBI learned that the hijackers had used the library's computers, they got the proper paperwork in order to take possession of the computers to search them for evidence.

from the ALA website: http://www.ala.org/pio/crisis/qa.html 
                    Q&A on the confidentiality and privacy of
                  library records 

                  Key message:
                  America's libraries support President Bush and Congressional leaders in our
                  nation's efforts to preserve and protect the many hard-fought freedoms we enjoy as
                  Americans. Librarians are encouraged to study and understand state confidentiality
                  laws and to cooperate with the authorities within the guidelines provided by these
                  laws. Librarians have a responsibility to protect the privacy of our patrons while
                  responding to legitimate national security concerns. 

                  What guidance does the American Library Association (ALA) give libraries
                  regarding privacy and confidentiality?
                  The American Library Association encourages all librarians, particularly those in
                  public libraries, to work with their local legal counsel to ensure they understand
                  state confidentiality laws so they may respond quickly to any requests from law
                  enforcement. Forty-eight of 50 states have such laws on the books, but the
                  language varies from state to state. The ALA recommends that each library adopt
                  a policy that specifically recognizes the confidentiality of information sought or
                  received, and materials consulted borrowed or acquired by a library user. These
                  materials may include database search records, circulation records, interlibrary loan
                  records and other personally identifiable uses of library materials, facilities,
                  programs or services, such as reference interviews. Libraries are advised to rely on
                  existing laws to control behavior that involves public safety or criminal behavior. 

                  Libraries should have in place procedures for working with law enforcement
                  officers when a subpoena or other legal order for records is made. Libraries will
                  cooperate expeditiously with law enforcement within the framework of state law. 

[with more Q&A following}


Christine Crawford-Oppenheimer
Culinary Institute of America



Christine Crawford-Oppenheimer
Special Collections Librarian/Archivist

Culinary Institute of America
1946 Campus Drive
Hyde Park, NY  12538
(845) 451-1757
c_crawfo@culinary.edu

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