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Recently Asked Questions (RAQs)

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Patron Privacy and Police

Local police walked through our Library earlier today with no explanation. Later on, we noticed 2 teens on premises, who we assume should have been in school. We thought the police may have been looking for them as truants, but that is not confirmed. The question is, if the police were to ask if we saw the teens, are we able to answer or is that considered a violation of patron privacy as it is with patron information and records?

Database Downloads and Confidentiality

Recently a question has come up at our academic library concerning patron privacy and the notification to a patron (usually a student) concerning excessive downloading of content from databases in our collection. Our current practice has been to receive notification from the vendor about perceived illegal downloading. We then ask a member of our library IT team to investigate the situation, based on the information from the vendor. The contact information acquired by that IT staff member is then provided to the e-resource librarian. That librarian then contacts the individual via email, explaining the situation and indicating that such behavior must cease. Once that is done, the librarian notifies the vendor that the situation has been addressed, and there is no need to withhold access to the product from the campus. No personal identification of the user or student is provided to the vendor, nor distributed to anyone else. The question now: Is this process appropriate in resolving the misuse of a database, or does it violate the user’s/student’s privacy rights?

Retroactive Background Checks

We have a school district public library board considering requiring background checks for new employees. They are concerned that they may be legally required to background check all current employees. Would there be any legal reason they would need to do so?

Name Tag Policies

Our library is considering a name tag policy as part of our focus on patron service.  What are the legal "do's" and "don'ts" of an employee name tag policy?

Filling Out Forms for Patrons

We had a patron come in this past week who said that he couldn't see well and also couldn't type or use a mouse, but he needed to certify Unemployment Insurance. He asked the staff member to login with his username and password and do this for him, and the staff member was, understandably, uncomfortable doing it.

I feel like patrons who divulge their personal data to us are doing it of their own accord and our privacy responsibility is to not share that information with others without the consent of the patron.

In this particular case, the patron was offering his information and consenting for us to enter it for him. As such, I don't think this violates any privacy agreement we have made as employees of the library.

The part that I worry about is, could this come back on an employee if they are doing a legal filing for a patron and the filing may be fraudulent? I am optimistic by nature and like to think people have good intentions, but the reality is, I know this happens. I wouldn't want to put an employee in a sticky legal position if they filed what might turn out to be a fraudulent claim for someone.

Do you know of similar situations in other libraries and what, if any, legal ramifications there might be for employees who could be caught in the middle of something like this?