[Web4lib] Library Elf reveals user info

[Andrew Mutch]

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
>
> On 12/28/05, Andrew Mutch <amutch at waterford.lib.mi.us> wrote:
>> "I'm no lawyer, but can you really accuse ELF of violating privacy
>> protection laws when the patron voluntarily handed over their barcode
>> and
>> PIN?"
>>
>> No but it could be argued that the library is liable for violating
>> privacy
>> protection laws by allowing the patron record to be disseminated to a
>> third-party, even with the patron's authorization. In Michigan, a
>> library
>> can only release patron information with the written consent of the
>> patron. Since it's likely that no such written consent exists between
>> the
>> library and patron to share that information via ELF, there could be a
>> legal question raised as to whether the library is authorized to allow
>> ELF
>> to access that information (also recognizing that the same argument
>> could
>> be made about patrons accessing their records remotely as most of our
>> systems currently allow).
>>
>> http://www.legislature.mi.gov/(s5husf2uyqwfyh23unxnchbc)/mileg.aspx?page=GetMCLDocument&objectname=mcl-397-603
>>
>> Andrew Mutch
>> Library Systems Technician
>> Waterford Township Public Library
>> Waterford, MI
>>
>>
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>
>
> --
> Edward Vielmetti in Ann Arbor, MI 48104
> +1 734 276 5910
>
> edward.vielmetti at gmail.com
> http://www.vacuumgroup.com
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