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
