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.
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.
Questions that combine higher education, data access, and "terms of use" enforcement always give me a moment of sad reflection, as I remember Internet pioneer and activist Aaron Schwartz. It was an alleged overuse of an academic database at MIT in 2012 that lead up to his demise.[1]
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?
[NOTE: for background to this short answer, please see the much longer "Ask the Lawyer" Background checks and fingerprinting for new employees, that addresses the tightrope walk/legal minefields of employee background checks.]
I serve on the board of an association library.
Before I answer, I would like to thank this unnamed trustee for bringing forward this important issue. Dealing with personal legal matters is rarely easy; remembering to factor in consideration of one's volunteer obligations at the same time is impressive.
