My questions involve background checks for potential new employees, fingerprinting, developing policies, procedures, and best practices.
This...is a big question. It's only three short paragraphs. But it's BIG.
It's "BIG" because the risks of getting this topic wrong are immense--from not only the obvious risks involving legal concerns, but risks involving ethics, privacy, and the goal at the heart of the issue: safety.
My institution has a small number of documents in our archives related to previous graduate students. Some are definitely educational records (transcripts, field placement evaluations).
I am always fascinated by the transformation documents can undergo, simply by operation of law, circumstance, or time. For instance:
One of our member libraries has asked me the following question:
This is a cool idea—aggregating and cataloging drone shots. Someone fifty years from now will be very, very grateful for that type of work!
But as the member points out, there could be some technical or legal issues, namely: copyright, privacy, and security. How does the library make sure none of those concerns negatively impact the project?
Let's take those in order.
We got a question regarding how the new rules for records retention (the "LGS-1") impacts the retention of school library borrowing records.
Under the new LGS-1, how long must school library borrowing records be retained? How does that impact BOCES, district, and school library records purging?
Thank you for this question. The LGS-1 is one of my favorite rabbit holes to explore.
As we transformed to fully/largely remote learning and pulled all student work and interactions onto Google platforms, a question has arisen about the intersection between student privacy and parent access to student accounts. Currently, if a parent is given their child's google log in information, they will have access to far more than ever in the past.
Thank you for this careful and thoughtful question. As we rush to migrate education to online, the small details can get overlooked. As the member writes, information that used to be safeguarded in physical files or with separate passwords is increasingly accessible via a "one-stop shop."
[Our library directors] group had a discussion about sharing information about patrons who have been barred from a library within the System using the notes field in the patron’s library record. It was suggested to put it in the non-blocking note field within the record. This will make the information available to all library staff within the library system.
Before I answer, I want to share a story.
Is it legal to print student photos with their names on their school library cards for circulation use?
I didn't realize it in first grade, but a school library[1] is one of the first places a person experiences "the right to privacy" unmediated by a parent or guardian.
In regards to COVID-19 when libraries do reopen, (and allow people in) is it advisable to ask customers to leave the public building if they are exhibiting any visible COVID symptoms? If so, are there benchmarks for how extreme symptoms should be or how policies should be worded?
As the member writes, it is very difficult to determine if some physical factors—coughing, a flush, seeming malaise—are in fact symptoms of COVID-19. Confronting a patron with suspected symptoms can also lead to concerns impacting community relations, privacy, and the ADA.
Given libraries are preparing plans to reopen, I am looking for a follow up to the 3/19/2020 question posted to Ask The Lawyer pertaining to being informed that an individual who has been confirmed to have COVID visited one of our libraries. (participated in a program).
The short answer
This answer is being written on May 28th, 2020.
At this time, in addition to Executive Order 202 issued on March 7, 2020 and declaring a state of emergency in New York through September 7th, 2020, there are 30 Executive Orders.
When working from a remote location, and you do not have time or the technology to take work devices with you, can using your private devices (cell phones, personal laptops,etc.) open your devices up to discoverability for any legal actions by the district or organization you are working for?
This is a great question. An important question. And unfortunately, an all-too-infrequently asked question…
Because the answer is “YES.”
The risks and cautions and caveats related to use of employee-owned technology are endless, but here are the top five in my world:
