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2502 NYCC TRANS FINAL2 - New York Chiropractic College

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y Daniel Kanaley, Library Director<br />

talent<br />

LIBRARY RECORDS AND PRIVACY<br />

POOL<br />

In the aftermath of the September<br />

11 th tragedy, there is a<br />

heightened awareness regarding<br />

security. Public and academic libraries<br />

have traditionally served<br />

as repositories of information<br />

accessible by virtually anyone.<br />

You may be surprised to learn<br />

that use of library resources carries<br />

with it certain privacy rights.<br />

Since free access to information<br />

has long been a cherished<br />

American exercise, an associated<br />

right to privacy regarding one’s<br />

access to information has<br />

evolved. It is felt that were others<br />

to be able to discover people’s<br />

reading choices, the reading public<br />

would be guarded about the<br />

kinds of books and information<br />

they would access. This runs<br />

counter to free flow of information<br />

encouraged in a free society.<br />

So, when should a librarian divulge<br />

this information? To<br />

whom and under what circumstances?<br />

If a person is suspected<br />

of planning to engage in some<br />

Daniel Kanaley, M.A., M.L.S., Library Director<br />

kind of harmful or illegal act, can<br />

an individual’s library records be<br />

obtained by authorities?<br />

In 1988 an amendment was<br />

passed in <strong>New</strong> <strong>York</strong> State that<br />

strengthened the existing library<br />

privacy law (section 4509 of the<br />

<strong>New</strong> <strong>York</strong> State Civil Practice<br />

Law and Rules). The amended<br />

law denies access to records related<br />

to the circulation of library<br />

materials, computer database<br />

searches, interlibrary loan transactions,<br />

reference queries, requests<br />

for photocopies of library<br />

materials, title reserve requests, or<br />

the use of audio-visual materials,<br />

films or records unless a subpoena<br />

or court order requires<br />

such disclosure. The result balances<br />

American citizens’ rights of<br />

confidentiality and privacy<br />

against society’s need to monitor<br />

the activities of people who may<br />

contemplate illegal acts.<br />

Where no suspicion has been<br />

aroused, is society adequately<br />

protected from people’s potentially<br />

harmful acts – especially<br />

where library access provides<br />

those people with the means to<br />

carry out the harmful acts? For<br />

example, a medical staff member<br />

may learn within a library<br />

how much of a drug will result<br />

in an overdose. But, knowledge<br />

that enables an illegal act to be<br />

carried out does not ensure the<br />

act’s fruition. To date, people in<br />

this country are not arrested<br />

merely for possessing the capacity<br />

to perform illegal acts; hence,<br />

the delicate struggle between library<br />

privacy rights and the need<br />

for a society to remain secure.<br />

Matthew T. Stimpson, who<br />

recently arrived upstate from<br />

North Carolina, is serving as<br />

<strong>NYCC</strong>’s new registrar. His<br />

fiancée, Rachael Lee, works<br />

nearby as assistant director of<br />

student life and leadership at<br />

Hobart and William Smith<br />

<strong>College</strong>s in Geneva, NY. A<br />

recent graduate of the<br />

University of North Carolina-<br />

<strong>New</strong> Registrar Settles in at <strong>NYCC</strong><br />

Greensboro with a master’s<br />

degree in Higher Education,<br />

Matthew is enthusiastic about his<br />

new position. Though Upstate<br />

<strong>New</strong> <strong>York</strong>’s environment is<br />

different from the southern one<br />

he left behind, he describes his<br />

new neighbors as genuine and<br />

friendly. Matthew feels that<br />

<strong>NYCC</strong> is fundamentally like<br />

other institutions of higher<br />

education whose established<br />

departments carry out assigned<br />

roles associated with records,<br />

financial aid, academics, career<br />

counseling, accrediting, and<br />

student services. Matthew is<br />

excited about being a part of the<br />

chiropractic profession’s continued<br />

growth as well as its<br />

collaboration and integration<br />

with other health-care offerings.<br />

Matthew Stimpson, Registrar<br />

www.nycc.edu<br />

43

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