NEWIL and Nicolet Federated Library System ― February 11, 2004 Privacy Issues and the Protection of Patron Privacy Rights Bob Bocher robert. bocher@dpi. state. wi. us Dept. of Public Instruction, Public Library Development www. dpi. state. wi. us/dltcl/pld/privacy. html Library Privacy Bob Bocher
Topics to Cover 1. An overview of privacy concerns and issues 2. Federal laws, protections and actions 3. State statutory protections for libraries 4. Actions libraries can take 2 Library Privacy Bob Bocher
Privacy Concerns and PII (Personally Identifiable Information) Ø Privacy concerns are high on consumer polls. Key concerns include: q q “Identity theft is one of the Identity theft and fraud fastest growing crimes in. Coms selling or misusing your PII the state. It’s time law enforcement officials had Government misuse of your PII the tools to bring down Security of your medical and financialthese high tech con data artists. ” Ø Privacy concerns increase as –State Rep Mark Gundrum q More people are online, and shop and (R-New Berlin), Chair, conduct business online Assembly TF on Identity Theft (April about q Residential broadband access increases (now 8, 2003) 25%) Use of wireless communication increases q Use of GPS and RFID increases q 3 Library Privacy Bob Bocher
Tips on Personal Privacy Ø Read closely any Website’s privacy policy Ø Keep a “clean” email address Ø Home cable and DSL users are especially vulnerable Ø Never enter sensitive PII without a secure connection Ø Enter only minimal data, look for opt-out check boxes Ø Look for compliance with groups like BBBOnline, TRUSTe and HON 4 Ø Be aware of your surroundings Library Privacy Bob Bocher
Personally Identifiable Information (PII) Ø Typical PII includes q Name q Ø Typical non-PII includes Address (work, residence) q q Demographic • Age, gender, race/ethnicity Telephone number Other ID Education level q Job, income level q Email address q Interests, hobbies • Library card #, SSN, etc. How much of this information is in your library’s database(s)? 5 Library Privacy Bob Bocher
Federal Protections and Actions Ø Constitutional and judicial 4 th, 5 th and 14 th amendments q Supreme Court q • e. g. , Griswold v. Connecticut (1965); Lawrence v. Texas (2003) Ø Federal Trade Commission is lead privacy agency Ø Recent major federal laws with privacy provisions q Children’s Online Privacy Protection Act (COPPA, 1998) Gramm-Leach-Bliley Act (GLBA, 1999) q Health Insurance Portability and Accountability Act q 6 (HIPAA, 1996) Library Privacy Bob Bocher
USA PATRIOT Act* (PL 107– 56) “Oversight of the entire Ø Quickly passed following Sept 11, 2001 FISA process is hampered because Congress and the public get no q Expands Foreign Intelligence Surveillance access to any work of the FISA Court, Act (FISA) and FISC even work that is unclassified. This • All 1228 applications to FISC in 2002 secrecy is were approved unnecessary. ” Ø Revises more than 15 other laws Ø Communities and libraries are passing Implementation –“FISA Failures” Senate Judiciary PATRIOT Act resolutions Ø ALA advises librarians to “avoid creating unnecessary records” Committee (2 -03) “In our haste to develop legislation to help America, we went too far. ” –Sen. Feingold 7 * Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Library Privacy Bob Bocher
USA Patriot Act: Some Privacy Issues Ø Expands monitoring to include Internet traffic q Email addresses, IP addresses/routing, Web search terms Ø Expands surveillance with less judicial review q Former “probable cause” changed to “relevant to an ongoing investigation” • SAFE bill: Must have "specific facts” that a person is a suspected terrorist or a spy Ø Allows nationwide warrants Ø Library staff cannot disclose existence of warrant 8 Ø Is this a new Library Awareness or COINTELPRO program? Library Privacy Bob Bocher
Related Federal Programs, Activities Ø Patriot Act II (drafted, not introduced) q Some parts incorporated into other bills, like the Intelligence Authorization Act for Fiscal Year 2004 Ø Terrorism (aka Total) Information Awareness (TIA) q –Dick Armey, former House Leader Building large-scale counter-terrorism databases Ø DCS 1000 (aka Carnivore) q “You can change the name, but the danger is the same. TIA is a real menace to our privacy. ” Intelligent software filtering tools used to intercept Net traffic Ø Policy Analysis Market (PAM) “I am not sure how we can test Carnivore without inadvertently intercepting the communications of others, but we really need to try. ” –FBI Attorney q q 9 Traders could buy and sell futures contracts on, for example, the assassination of Yasser Arafat or an anthrax attack on Disney World. Canceled in July “Terrorists planning an attack could have bet on it and collected a lot of money. It's a sick idea. ” –Barbara Boxer, D-CA Library Privacy Bob Bocher
State and Local Privacy Protections Ø 48 states have library privacy laws WI library privacy law, 43. 30 q WI Personal Information Practices law, 19. 62 State statutes q Ø Local library policy q Local policies can be stronger than state protections q ALA policy Local library policy Sample policy available at: http: //www. dpi. state. wi. us/dltcl/pld/policies. html 10 Library Privacy Bob Bocher
WI Library Privacy Law Library privacy law (43. 30) covers the following: 1. Any library supported by public funds 2. Any records indicating the identity of an individual library patron 3. Any use of a library’s materials or other resources or services 11 Includes public libraries, public K-12 schools, UW and WTCS libraries Includes name, phone #, street address, email, etc. No age limit, so far. Includes circulation records, Internet use and sign-up sheets, meeting room use, etc. (surveillance tapes? ) Library Privacy Bob Bocher
Other 43. 30 Provisions Use of library resources can be released 1. By consent of library patron 2. By court order 3. For administration of library or library system business (e. g. , to other libraries for interloan) 4. To custodial parents if patron is under 16 12 (pending, AB 169) Not covered by law 1. Integrated system reports that do not include PII 2. Internet browser cache, history, temporary files 3. IP numbers of library computers 4. Staff or law enforcement observations Library Privacy Bob Bocher
Access to Children's Library Records (AB 169, SB 128) Adds section 43. 30 (4) to the statutes: “Upon the request of a custodial parent or guardian of a child who is under the age of 16, a library supported in whole or part by public funds shall disclose to the parent or guardian all library records relating to the use of the library’s documents or other materials, resources, or services by that child. ” Note: On February 3, the Senate passed the bill and it is now back in the Assembly. "They [children] should not have any sort of fear that Big Brother government is looking over their shoulder if they go to the library and look things up. " –State Senator Jon Erpenbach (D-Middleton) 13 Library Privacy Bob Bocher
Actions Libraries Can Take Ø Conduct a privacy audit Ø Under WI Personal Information Practices Act (19. 62) q Libraries must develop procedures to protect the privacy of patron PII q Libraries must develop rules for staff involved in collecting, maintaining, using, and providing access to patron PII Ø Educate and inform q 14 Library staff, library board, city attorney, local law enforcement Ø Contact the DPI’s Library Division on any Library Privacy Bob Bocher
NEWIL and Nicolet Federated Library System ― February 11, 2004 Privacy Issues and the Protection of Patron Privacy Rights Questions ? www. dpi. state. wi. us/dltcl/pld/privacy. html Library Privacy Bob Bocher
Скачать презентацию NEWIL and Nicolet Federated Library System February
970b9409c4391c8cdbff5db1acd0ce84.ppt