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Maybe this has already gotten around, but just in case it has not, have
a look...
Kathy Evans


Below are 2 items that have been developed by ALA in response to the
events
of September 11, 2001. They may be of interest to your students. Please
feel
free to distribute these documents.
>
Item 1 -
In light of recent events, the American Library Association has drafted
the
following Q&A to assist librarians with questions that might arise.  Our
proactive efforts now will help ensure we can expedite information
requests
within the framework of state confidentiality laws.  Also attached for
your
information is a shared statement from the ALA, the American Association
of
Law
>Libraries and the Association of Research Libraries.
>
Please forward these documents to all appropriate library listserves.
If
you have questions or need further information, please do not hesitate
to
contact staff from the Office for Intellectual Freedom, the Washington
Office or the Public Information Office.
>
>Thank you.
>
>Larra Clark
>Press Officer
>Public Information Office
>American Library Association
>50 E. Huron
>Chicago, IL  60611-2795
>Toll-free:  800-545-2433 x5043
>Direct:  312-280-5043
>Fax:  312-944-8520
>Email:  [log in to unmask]
>@ your library
>
>Item 2 -
>American Library Association
>Q&A on the confidentiality and privacy of library records
>September 20, 2001
>
>Key message:
America's libraries support President Bush and Congressional leaders in
our
nation's efforts to preserve and protect the many hard-fought freedoms
we
enjoy as Americans.  Librarians are encouraged to study and understand
state
confidentiality laws and to cooperate with the authorities within the
guidelines provided by these laws.  Librarians have a responsibility to
protect the privacy of our patrons while responding to legitimate
national
security concerns.
>
>What guidance does the American Library Association (ALA) give libraries
>regarding privacy and confidentiality?
>The American Library Association encourages all librarians, particularly
>those in public libraries, to work with their local legal counsel to ensure
>they understand state confidentiality laws so they may respond quickly to
>any requests from law enforcement.  Forty-eight of 50 states have such laws
>on the books, but the language varies from state to state.
>
>The ALA recommends that each library adopt a policy that specifically
>recognizes the confidentiality of information sought or received, and
>materials consulted borrowed or acquired by a library user.  These
>materials may include database search records, circulation records,
>interlibrary loan records and other personally identifiable uses of library
>materials, facilities, programs or services, such as reference interviews.
>Libraries are advised to rely on existing laws to control behavior that
>involves public safety or criminal behavior.
>
>Libraries should have in place procedures for working with law enforcement
>officers when a subpoena or other legal order for records is made.
>Libraries will cooperate expeditiously with law enforcement within the
>framework of state law.
>
>Don't librarians have a responsibility to turn over all records to police
>immediately?
>If librarians do not follow state confidentiality laws and legal
>procedures,they run the risk of actually hurting ongoing police
>investigations.  The American judicial system provides the mechanism for
>seeking release of confidential records: the issuance of a court order,
>showing good cause based on specific facts and in proper form.
>
>States created these confidentiality laws to protect the privacy and
>freedoms Americans hold dear.  These laws provide a clear framework for
>responding to national security concerns while safeguarding against random
>searches, fishing expeditions or invasions of privacy.
>
>What do confidentiality laws stipulate?
>Individual language varies from state to state, but these laws provide a
>legal framework for accessing confidential records, usually providing that
>records may be released following the issuance of a court order in proper
>form and showing good cause based on specific facts.
>
>Do all states have confidentiality laws?
>All states have a confidentiality statute of some kind, except Hawaii and
>Kentucky.  Hawaii and Kentucky do not have statutes specifically protecting
>library records, but they do have Attorney General opinions recognizing the
>confidentiality of library records.
>
>Do public and academic librarians monitor library users?
>No.  Librarians are aware of the behavior of library users and when faced
>with disruptions or clear violations of the law, they take appropriate
>action.  If laws are broken * as with theft or other violations * the
>librarian reports this immediately.
>
>On the other hand, librarians do not police what library users read or
>access in the library.  Libraries ensure the freedom to read, to view, to
>speak and to participate. They are cornerstones of democracy.
>
>Note:  The ALA's Office for Intellectual Freedom keeps reference copies of
>state confidentiality laws on file, which may be requested by calling the
>office at 800-545-2433 x4223 or emailing [log in to unmask]
>
>Ann L. O'Neill
>Director, Office for Accreditation
>American Library Association
>50 E. Huron St.
>Chicago, IL 60611
>Phone: 312-280-2435
>Fax: 312-280-2433
>Email: [log in to unmask]
>
>----- End forwarded message -----


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