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Guidelines for Libraries of Government Departments - IFLA

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Section 14<br />

Obligation to Protect the Privacy <strong>of</strong> Users<br />

14.0 Preface<br />

In the area <strong>of</strong> privacy, government libraries need to follow the laws <strong>of</strong> their<br />

country. However, privacy is particularly important in the use <strong>of</strong> government<br />

in<strong>for</strong>mation since there is more opportunity <strong>for</strong> government to know what people<br />

are reading or are researching in their own libraries. Privacy <strong>of</strong> use <strong>of</strong><br />

government library resources is important whether the user is an elected member<br />

<strong>of</strong> government, a member <strong>of</strong> government working staff, or the general public.<br />

The major steps in protecting the privacy <strong>of</strong> users <strong>of</strong> library services are:<br />

• Determine the national governmental policy regarding privacy <strong>of</strong> library use.<br />

• Set the library’s own policy regarding privacy <strong>of</strong> library use including a nonpartisan<br />

approach to the use <strong>of</strong> resources by elected and appointed <strong>of</strong>ficials<br />

and staff.<br />

• Develop procedures <strong>for</strong> library staff to follow regarding privacy <strong>of</strong> library use.<br />

• Train staff in the philosophy behind the policy and the implementation <strong>of</strong><br />

processes relating to the policy.<br />

• If it is legal to do so, a library may want to destroy records that link individuals<br />

to government library resources as soon as the resources are returned or no<br />

longer being used.<br />

14.1 Determine the national governmental policy regarding<br />

privacy <strong>of</strong> library use<br />

The governmental authority which the library serves may already have a policy<br />

regarding privacy in the use <strong>of</strong> government resources. For example, all states in<br />

the United States have such a policy. As part <strong>of</strong> this, all records relating to the<br />

use <strong>of</strong> libraries and even, in some cases, observed use <strong>of</strong> a library (i.e. the<br />

individual asks a reference question which is answered, but there is no actual<br />

written record relating to the question) are protected. In the U.S. access to these<br />

records is only available by an order from a judge or court or with the specific<br />

permission <strong>of</strong> the library user.<br />

14.2 Set the library’s own policy regarding privacy <strong>of</strong> library use<br />

The library’s privacy policy should be based on the law <strong>of</strong> the government<br />

authority if such a law exists. If such a law does not exist, the library should<br />

establish its own policy. Elements <strong>of</strong> the ideal policy should include:<br />

a. The policy should apply to elected and appointed <strong>of</strong>ficials, government<br />

staff and the general public if they use the library.<br />

b. The library should not reveal which library materials were used by any<br />

library user unless the request is accompanied by a court order or other<br />

legal judgment or the specific permission <strong>of</strong> the library user.<br />

c. The library will not reveal what in<strong>for</strong>mation was requested by library users.<br />

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