Recently Asked Questions (RAQs)

Academic libraries need to make the most of their budgets for subscription services. We also want to advance librarian-aligned priorities like fair use, accessibility, authors’ rights, user privacy, and data security. Can you provide guidance on how academic and research libraries can resist contracts with non-disclosure clauses and other conditions that can work against these priorities?

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?

I’d like to ask this as generally as I can so that the answers are as applicable as possible, but I’m writing from a small college library in NY, so I’d like to get a sense for myself and my staff about what our rights, obligations and protections for students and patrons are as Librarians in the event of a “visit” or raid by Immigrations and Customs Enforcement.

We haven’t received guidance from our institution and we’re a small place, but want to be prepared in case our students or staff are targeted.

What are we required to do? What is ICE currently allowed to do on a college campus or in a library? How can we protect our students from these actions by ICE?

I don’t know and wouldn’t ask about a student’s immigration status, but I know for instance that we have graduate assistants and Faculty who are here on visas and who are non-white.

Periodically, our library receives handwritten requests for information from individuals who are incarcerated at prisons and correctional facilities around the country.

We are an academic library at a private institution and our campus does not currently have a prison outreach program. As part of our ongoing social justice efforts within the library, we would like to be more purposeful about the way we handle these reference questions.

What are legal considerations we should keep in mind when providing reference services to incarcerated individuals? Ideally, we would want to treat these questions the same way we would questions from members of the general public. However, our team wants to be sure we understand whether there are ways we could unintentionally put ourselves or our institution at legal risk if we provide information that is somehow deemed problematic.

(Note: We are aware of the Prison Library Support Network and plan to participate in trainings they may offer.)
Thanks!

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!