customization is a double-edged sword

[Marilyn Harhai]

Text I found re N.C. law (notice the exceptions):

N.C. Gen. Stat. § 125-19 (1999)

§ 125-19. Confidentiality of library user records



(a) Disclosure. -- A library shall not disclose any library record that
identifies a person

as having requested or obtained specific materials, information, or
services, or as

otherwise having used the library, except as provided for in subsection (b).

(b) Exceptions. -- Library records may be disclosed in the following
instances:

(1) When necessary for the reasonable operation of the library;

(2) Upon written consent of the user; or

(3) Pursuant to subpoena, court order, or where otherwise required by law.

HISTORY: 1985, c. 486, s. 2.

(end law)

If user profile in terms of this discussion means what the customer (patron)
has

borrowed (bought), the fight over its protection is already being waged, not
by

libraries but by bookstores. The American Booksellers Association

has undertaken paying the majority of legal bills concerning

First Amendment issues with bookstores (such as Kramerbook's legal battle
over

Ken Starr's subpoena to get Monica Lewinsky's purchase records and Tattered

Cover's current litigation with the federal Drug Enforcement Agency over
customer records).

How cases like these are decided will impact on the confidentiality of
library

records.

I personally believe libraries will have to get involved with push
technology.



Marilyn Harhai

mharhai at mail.barry.edu

(new member of the list)

Professor Marilyn Harhai, M.L.S., J.D.
Barry University School of Law Library
6441 East Colonial Drive
Orlando, FL  32807
Phone - (407) 275-2000 x274    Fax - (407) 275-6142
E-Mail - mharhai at mail.barry.edu


-----Original Message-----

From: web4lib at webjunction.org

[mailto:web4lib at webjunction.org]On Behalf Of Mark Gooch

Sent: Friday, October 20, 2000 10:56 AM

To: Multiple recipients of list

Subject: [WEB4LIB] Re: customization is a double-edged sword



I agree with everything that Eric says, however, while we may conduct
ourselves

in a professional manner which would protect the librarian/patron
relationship

there is no legal protection of it as there is for doctor/patient and

lawyer/client. If they come knocking with a court order we probably aren't
able

to refuse in the case of the user profiles. Even if we were able have the

relationship legally covered, are all of the people in positions controlling

such user profile-type information MLS librarians? If not the legal coverage

wouldn't apply. Eric is right, this opens up a can of worms.

Mark






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