Privacy

I am wondering if sending unsealed overdue notices to students in their classrooms is a FERPA violation. The notices might appear face up on their desks or in their hands for other students to see. The prices of overdue materials are listed on our notices.

What a difference a month makes.  When this question came in, my kids were in school, my staff was at the office…and I am willing to bet at least one person in that group had an overdue library book.

Are libraries legally required to obtain photo releases from all patrons (children's parents, teens, adults), even if we don't name those patrons before publishing photos to our social media accounts and/or press releases?

This is a huge question.  To answer it, let’s start with where the mania over image releases comes from.

New York Civil Rights Law, §50, states:

[I work at the library of a public university.] Every year we have requests from students in Media Arts program to videotape in the library. They ask me to grant permission. I do not feel comfortable granting permission for others to be filmed.

When this question landed on my desk, I had recently watched a viral video[1] on YouTube about how some people have no "inner monologue".

My question is: do public libraries have any legal obligation to collect emergency contact information for children (age 17 and under) attending library programs without a parent or caregiver present/on the premises?

This question is rather like asking an astronautical engineer: When on a spacewalk, are there any safety procedures specifically related to securing my helmet as I exit the airlock? 

Is a parent or guardian allowed to access the titles of books that that their child(ren) have checked out from the school library?

Are school administrators allowed to access the titles of materials a student checked out?

In the state of New York, library records linked to the names of users can only be disclosed:

1) upon request or consent of the user;

2) pursuant to subpoena or court order; or

3) where otherwise required by statute.

Therefore, the strong default answer to the member’s questions is “NO.”

We received two grant applications for projects involving the digitization of high school student newspapers/magazines. The schools have given permission for these materials to be made available on a historic resource-focused, free database.

It took me 4 cups of coffee to figure out how to reply to this question!  And it’s not because I didn’t know the answer. 

FERPA is the “Family Rights Privacy Act.”  It bars disclosure of students’ “education records.”

“Education records” (like grades, disciplinary reports, attendance) are defined by FERPA as records:

We have a question that relates to the intersection of New York state level library privacy laws (https://www.nysenate.gov/legislation/laws/CVP/4509) and FERPA.

Depression.  Burn-out. Dissatisfaction. Lack of connection.  Lack of money. Lack of parking.

These are just some of the reasons students give when they choose to leave—or are forced to leave—their college or university before graduating. 

It has come up at our Reference meetings that patrons are using our technology to alter documents such as doctor’s notes (extending days of medical excuse, for example) and our staff is increasingly uneasy about assisting patrons with this.

Wow.  There is really just no hum-drum day for librarians, is there?

Okay, let’s take this in stages.

Can we use the email addresses of our patrons from our ILS patron database to send a donation request for our association library's annual fundraising drive? We would exclude requests to minor patrons.

Before I wrote this answer, I stopped to ponder the fact that there are over 20 library systems in New York, each with its own policy and approach to managing the information in its "ILS" (integrated library system).

As part of a town bicentennial celebration, the committee wants to create a map of historic properties. There would be a description of the property noting its historic significance, the address, and ideally a photo. Many of the properties are privately owned. Do owners need to give permission for their property to be included?

In addition to being something of a historic preservationist, I am also a design fan, and a booster for my adopted hometown of Buffalo NY.  This means I am on several social media groups that discuss: