Ethics

I’m part of a professional library association that is a 501(c)(3), like the American Library Association, Association for College and Research Libraries, and the Society for American Archivists. Occasionally, the group issues statements in solidarity with various groups, for instance, in protest of police violence against Black people and against Anti-Asian violence.

This is an area that (literally) tears groups apart.

There is no one right answer to this, but countless examples show that the process for arriving at an answer is just as important as the decision to issue a statement (or not) of support (or opposition).

Recently, a page at the library made some comments that were less than flattering about how the local town was handling a new subdivision. The town supervisor came to me (we are an association library and not part of the town government) and asked if our personnel handbook had any language about social media use.

Some questions are tricky, some questions are complex, and some questions are simply a Huge Spider Web of Extremely Intricate and Dangerous Contingencies.

Not to be too dramatic, but this question is that last one.

What creates this tangled web?[1] Let’s explore the threads:

What would it look like if a Public Library hired a part-time social worker to help patrons deal with some of their everyday life issues that may come up while visiting the library? I see the potential benefits but can imagine a lot of complications.

The New York State Education Department’s Office of the Professions, which oversees the licensure of social workers, describes social work this way:[1]

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

The answer is "Yes."

Of course, behind that answer is layer after layer of complexity.

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).

[NOTE: We didn't get this as a submission to "Ask the Lawyer", but we wish we had...]

Our library board is considering a resolution to bar displays celebrating Pride Month.  The ban focuses on, but is not limited to, displays in children's/YA areas.  Is this a legal issue?

YES. Expressly barring library displays based on categories protected by law, such as sexual orientation and gender, is--among other things--a legal issue.

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

As I have written before, a big rule for the "Ask the Lawyer" service is "don't reinvent the wheel!"

This is an issue that's come up in recent conversation. If an individual who no longer works at an institution finds that their picture is still being used by said institution, whether in promotional photos or on staff/faculty pages, does that individual have any legal recourse?

This question needs to be answered on a sliding scale.

Here are three scenarios to show how the scale can slide:

Scenario 1: "Scrapbooking"

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.

There is no one right answer to this question, but there is a formula for any library to come up with its own, unique answer.

Here is the formula:

[Situation] x [Ethics + Law] / [POLICY/Precedent] = YES or NO

Let me break this approach down.  And trust me, I will give a clear reply to the member's question at the end of all this.