Recently Asked Questions (RAQs)

Hello,

We have had a huge increase in AI bots on our member library websites. My concern is that internal policies linked on member websites will be “learned” by AI and linked (cited) back to that member library. I’m concerned that members might have their Emergency Action Plan in their Personnel Policy Manual, and that financial controls could be used by ransomware hackers. We go by the following list to define internal and external policies: https://nyslibrary.libguides.com/Handbook-Library-Trustees/policy-checklist

Would it be a “good practice” to not post internal policies online? If there are a few internal policies that you feel should be posted online, would it be best to say online that you have the policy, but please contact the director (or library) for the file/print copy? That way, AI won’t be trained on the policy.

Thank you!

In this RAQ’s section 2, “Libraries, Fax Lines, and HIPAA,” you say, there is NO CIRCUMSTANCE under which a public, academic or public library should be engaging in a HIPAA-governed communication.” You also say, “If your library is not transmitting this type of information, you can stop sweating about HIPAA, even if patrons are using your fax to send it.”

Just so that we are crystal clear: this means that if patrons need to use a fax machine to correspond with a doctor’s office, it’s okay as long as they are the ones who physically use the fax machine? If they require help, can staff tell them how to use the machine as long as we don’t handle the physical documents?

Outside of best practices for staff handling of sensitive documents, are public libraries otherwise bound by HIPAA, FERPA and SOX when sending faxes for patrons, in terms of the privacy protections provided (or not) by the type of fax technology?

Our library currently uses a traditional standalone fax machine (staff mediated) to send and receive public faxes across a dedicated copper phone line, so there’s a direct connection between receiver and sender, maintaining privacy during transmission. Faxing remains a popular service here largely for that reason -- patrons are often told by the fax destination that documents must be sent via fax and not scanned to email.

We’ve been told that copper phone lines will soon be eliminated, so we’re investigating fax-to-email services, which are cheaper than our current method and can use our public copier as the faxing device. However, the Forbes article linked below says faxing by email does not offer privacy protections: “Virtual fax introduces an intermediary into the fax process; there’s no direct connection between the sending and receiving parties. This can be problematic if your business has certain regulatory compliance requirements to support (for example, HIPAA, FERPA and SOX).” The article cites an encrypted kind of fax by IP, “T.38 Fax Lines,” which we suspect would not be cost effective for us.

Are libraries bound by HIPAA et al in the type of faxing technology they can use?

We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!