Are there any laws around a supervisor or manager telling others the reason for an employee being out on leave? Does the answer change if the employee isn't using sick time, but [has] disclosed why they were unavailable for additional hours during non-contract time?
Here are the state and federal laws specifically barring an employer from disclosing why an employee is out on sick or personal leave.[1]
A school district public library is considering installing closed-circuit cameras and thinking of enabling sound recordings, too. Is it legal to record sound, thinking it is a violation of patron privacy? Can board members review the tapes?
The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-pr
Recently, Zoom introduced new AI features and updated their terms of service agreement, indicating that any user data can be used to train their AI products (TOS 10.4: https://explore.zoom.us/en/terms/).
The day this story really broke (August 7, 2023, a day that will live in minor infamy), Nathan in my office pointed this issue out to me.
"Did you see that Zoom is going to use customer content to train AI?" he asked (this is what passes for casual morning conversation in my office).
There are reports of first amendment audits happening in rural towns and villages. Public libraries are limited public forums - how can we stop the filming, as quietly as possible without causing a social media frenzy.
For a person who hasn't run into this concept yet, a so-called "First Amendment audit" is an increasingly popular trend where people visit government buildings and demand access to information--along with the privilege to film on site--all in the name of the law, democracy and transparency.
As a lawyer and U.S. citizen, I am all for the law, democracy, and transparency.
For an Interlibrary Loan Electronic Transmission (whether printed out and included with the item(s) or sent via electronic means) in a K-12 setting, can a student's name (the one ultimately borrowing the item) be used in the "receipt" or notification slip? Should a student's School ID number be used? Can both be used at the same time?
This question comes at us from a school district public library and supporting Board of Cooperative Educational Services ("BOCES").
We recently received 2 questions that raised related issues, so we've merged them in this "Ask the Lawyer Meeting Room Question Mash-Up" RAQ.
Here is question 1:
These meeting-room related submissions to "Ask the Lawyer" were inspired by two separate resources: the first one, an "Ask the Lawyer" RAQ on meeting room policies, and the second, an ESLN-sponsored training.
Our historical society produced a documentary about the making of a sculpture. Our videographer filmed work in the sculptor’s studio and in so doing, in the background captured photographs the sculptor had on a storyboard for another project. Is it necessary to obtain permission to use the individual’s image, even though it was not prominent nor the subject of the documentary?
When people see a lawyer to complain about the misuse (or “misappropriation”) of their image, there are several legal theories that lawyer might assess the situation for, including:
I just read your excellent answer about posting documents per the OML changes in advance of meetings.
I think you are right on target.
My concern is to ask you to add to your questions for the COOG the following: Do working documents being shaped and edited at committee meetings need to be posted in advance of the committee meeting?
Thank you very much for your kind words! And for submitting this question.
My concern is about employee privacy and image use.
This is one of those questions that a thoughtful attorney, wishing to be thorough, could write a book about. However, "Ask the Lawyer" is not a book, so we'll see what I can do in about one thousand words!
To give some useful answers, and also stick within our word limit:
Our local public library has started a collection of donated yearbooks from the high school. They requested to receive or purchase new yearbooks as they were published. As the yearbook contains underage students, information about their sports and clubs, we felt that this was protected personal information and should not be publicly accessible.
I appreciate the care behind this question: when yearbook information is being assembled, not many people are thinking about all the places the publication could potentially go.
