National Information Policy and the USA PATRIOT Act

by Ann Harris

So what is “information policy” anyway?  Well, as mentioned in earlier posts, it is made up of laws and regulations involving the creation, processing, access and use of information as well as privacy protection.  As far as libraries are concerned, the role of the librarian is to protect not only the privacy of the patron but the patron’s right to access information.  As Matz states, there is a librarian-patron relationship that is similar to doctor/patient or attorney/client confidentiality, although it is not recognized by law to have privileged status (Matz, 2007).  This relationship (and thus this level of confidentiality) works when there is trust between both parties.  

Weeks after the 9/11 attacks, the USA PATRIOT Act (USAPA) was enacted, which gave the government the power to monitor and intercept communication in all formats (Matz, 2008).  Section 215 of the USAPA became a source of controversy, as it stated that the government can search third party records, including library records.  (In May 2011, Congress passed a four-year extension to Section 215, which President Barack Obama signed into law.)

Under this section, the Federal Bureau of Investigation can get information about library patrons from their records.  It basically states that the government could retrieve information about you without notifying you, which is a violation of the Fourth Amendment (it protects us against unreasonable searches and seizures).  Needless to say, it ruffled some feathers among librarians because it challenged their ethics and their patron’s right to privacy.  Libraries across the nation began adopting their own protocols on patron confidentiality and privacy by being more discreet about things like ILL and reserve records, and adopting more drastic measures like shredding computer access logs (Matz, 2008).  It is the American Library Association’s Code of Ethics at play here.  It is the duty of the librarian to protect patron confidentiality and intellectual freedom.


References

Matz, C.  (2008) Libraries and the USA PATRIOT Act: Values in Conflict.  Journal of Library 

              Administration. 47 (3/4), 69-87. doi:10.1080/01930820802186399

We Need a Policy for Information? Really?

By Fara McCune

There's an exponentially expanding amount of information out there. Sometimes you have to search for it, or maybe it's everywhere. Everyone should have access to it, but maybe not all of it, like your Social Security number. But if the government doesn't have access to that number, you won't be getting your tax refund or Social Security benefits.

We've been worried about the government having access to too much of our information since at least the 1960s (Dunn, 1967), and I'm sure it actually dates from the same time as the creation of governments. Today we continue to have such worries, especially in light of legislation like the USAPATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act. And it's not only the government we have to worry about, but businesses and corporations as well. They have vast amounts of information about everything from our surfing habits to our favorite brand of toothpaste, but they want more and they want to make money buying and selling it (Lipinski, 1999).

These privacy issues are just one facet of the broad topic of information policy. We'll explore more in subsequent posts. Until then, consider this: Should any information be “classified” by the government or should citizens be able to access any information they desire? How far should the government go to protect an individual's right to privacy? Should the same rules apply to the government and businesses? Should all information be treated equally, or should special rules apply to “sensitive” information, such as medical records or Social Security numbers?

What do you think?

References

Dunn, E. S., Jr. (1967). The Idea of a National Data Center and the Issue of Personal Privacy. The American Statistician, 21(1), 21-27.

Lipinski, T. A. (1999). The Commodification of Information and the Extension of Proprietary Rights into the Public Domain: Recent Legal (Case and Other) Developments in the United States. Journal of Business Ethics, 22(1), 63-80.