[Web4lib] Library Elf reveals user info

Bridge, Frank BridgeF at chesterfield.gov
Thu Dec 29 12:55:39 EST 2005


Andrew, Ed:

I don't see this as the library providing the customer's information to
a third party, but rather the customer him/herself doing so.  The
customer has provided his/his library card number and PIN to a third
party, Library Elf.  Is this any different from that same customer
providing his/her library card number and PIN to a family member?  

If anyone might be guilty of violating Michigan law, it would be Library
Elf.  That firm might be furnishing library information to a third party
unbeknownst to the library patron and without the customer's written
permission.  Yet the illegality of that scenario is a stretch because
the Michigan law specifically addresses itself to library operations and
to the behavior of a library employee when disclosing library records.
The law does not address the actions of a third party outside of the
library business environment.

I have posted to this question before, and I still believe that personal
responsibility holds sway here.  If you as a customer give away your
security by revealing your library card number and PIN to any third
party--particularly in an Internet-based environment dedicated primarily
to free access--you are asking for trouble.  

But then again, I'm not an attorney...
  
Frank 



Ed,

I agree that the library could determine that consent could be provided
electronically, assuming that the lawyers agree. I just don't think many
libraries have addressed this issue at all. As I noted, even our own
systems  provide access to patron information in a way that could be
argued are not consistent with state law. As libraries, we either need
to get the state laws more in line with what's happening electronically
or we need to start getting the OK from our patrons before allowing
information to be disseminated to third party systems. As you noted, the
demand by patrons for access to information isn't going to go away. So
we need to figure out how to manage it while being consistent with the
laws which are designed to protect patron privacy.

Andrew Mutch
Library Systems Technician
Waterford Township Public Library
Waterford, MI


> Andrew,
>
> The particular law you cite below has a section 3 that says that the 
> library can determine what "written consent" is, and I'd argue if I 
> had to argue that that consent could be provided in electronic format.
>
> I'm all for libraries not releasing patron info unless the patron 
> explicitly wants it released.  What pains me is when the efforts at 
> patron privacy completely torpedo efforts at sharing and collaborative

> efforts within the library system.  I want to (and have) shared my 
> lists of holds and checkouts with others, and if given proper 
> permissions and a non-geeky setup I'm sure many other people would 
> want to do the same.  Otherwise as patrons we'll turn to Library Elf
> and Amazon etc etc and bypass all the local services.
>
> Ed

Frank
---
Frank R. Bridge
Technology Management Administrator
Chesterfield County Public Library
PO Box 297
9501 Lori Rd.
Chesterfield, VA  23832-0297
Voice:   804-748-1980
Fax:      804-751-4679



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