Case: 0035

Sector: School libraries

 

What have you been reading this term?

 

Is a librarian obliged to respond to requests from the headteacher which she deems violate students’ rights?

 

SummaryA librarian at a secondary school in England is asked by the Head of Lower School (years 7-9) to provide details of the books borrowed by pupils.  She uses the introduction of a new computerised library management system as the catalyst for her request.  The school librarian resists repeated demands, insisting that if pupils know their reading choices are being monitored they will be even more reluctant to read extensively.  This, argues the librarian, would have an adverse effect on pupils’ reading ability.

 

NOTE: This Case Study is fictitious.  It is informed by experience in the information world, but it does not claim to represent a scenario of actual events or relate to individual people or organisations.

 

Case StudyThe introduction of a new computerised library management system gives the Head of Lower School an idea.  She is anxious to see an improvement in the reading levels of boys in the school.  The school has been suffering badly in SATs (Standard Attainment Tests) at stage 3, and this is having a knock-on effect on applications from feeder primary schools.  She argues that now that it is ‘relatively easy’ to ‘get the data from the computer’ she can see no harm.  She says the information will be crucial to help the English teachers encourage poor readers, but the librarian is doubtful – and stands her ground.

 

Moreover, the librarian feels relatively vulnerable.  It turns out that the school’s Principal also believes that scrutiny of pupils’ borrowing records would be useful, and he can see no problem in providing this information as long as it is used for the educational benefit of the children.  The librarian is employed on an annual contract and feels vulnerable and torn between her duty to her employer and her inclination to avoid any action which might adversely affect the development of pupils’ reading ability and interest in reading (in an age of computer games).

 

The editors comment...

 

The dilemma faced by the librarian is at first seen to be a simple conflict between her duty faithfully to serve the school’s senior staff (the Head of Lower School and the Principal), and her desire to support the improvement of pupils’ reading ability.

 

Underlying the librarian’s desire to support the pupils is an implicit duty to protect their confidentiality.  The librarian, as custodian of reading records, is ideally placed to limit others’ access to pupils’ records and therefore uphold their privacy.  We do not know, from the evidence provided, whether the librarian associates her decision with the incidental protection of pupils’ confidentiality; although the result may the same, the rationale seems to be based on different criteria.

 

Let us assume that the librarian intended also to cite protection of pupils’ privacy as a reason for withholding their borrowing records: Are, then, the Head of Lower School and Principal justified in seeking to access pupils’ records?  The reasons put forward (that the information will help to improve the English teachers’ encouragement of poor readers, and that the computer-based library management system facilitates easy access to the borrowing records) suggest that the school’s senior staff were well intentioned.  However, scrutinising borrowing records is fraught with dangers, both from a legal and an ethical perspective.

 

Providing management information reports (anonymised data showing, for example, which age cohorts are borrowing particular books) which do not disclose an individual’s identity may be acceptable, but the school should be cautious that only those anonymised data which are intended to be reported are generated in the first place and stored for the purpose of management information reporting.  In England and Wales the eight Data Protection Principles set out the criteria for legitimate processing of personal data, and implementation of the library management system (LMS) should be done so as to conform with those Principles (for example, so that personal data which contribute towards aggregated reports are used only for the administration of an individual library user’s borrowing and for nothing else).

 

Access to individual pupil’s borrowing habits by teachers should not be done by means of the LMS.  Although the system may record a pupil’s borrowing record, this should be merely for the administration of the pupil’s borrowing or, for example, to let the pupil him- or herself see which books he or she has borrowed.

In the USA the American Association of School Librarians’ Position Statement on the Confidentiality of Library Records notes that ‘…records held in libraries which connect specific individuals with specific resources, programs or services, are confidential and not to be used for purposes other than routine record keeping…’ and that ‘Libraries whose record keeping systems reveal the names of users would be in violation of the confidentiality of library record laws adopted in many states.’  Indeed, the American Library Association (2005) provides considerable guidance on privacy in libraries, including school libraries, in its Guidelines for Developing a Library Privacy Policy remarking, among other things, that ‘Teachers should not be able to "check" on students to see if they have borrowed assigned readings or used specific resources.’

Nevertheless, we are aware that in England and Wales there are circumstances in which law enforcement officials may legitimately be given access to readers’ records.  Kim Thomas reported in Information World Review in 2005 that ‘Under terror legislation, security service or police officers investigating terrorist or other serious crimes in England and Wales have the right to see information on books borrowed or internet sites accessed by certain library users, a barrister told CILIP. They can also mount surveillance operations in libraries if they believe that national security is at risk, or in the interests of public safety, or to prevent or detect crime.’

 

 

Primary

Secondary

Principles

8 5

Code

B4 E2

Related cases

 

 

References:

 

American Library Association (2005) Guidelines for Developing a Library Privacy Policy posted on the ALA website.

 

Kim Thomas (2005) ‘Spooks can legally search library records; Cilip barrister finds law allows spies into libraries and library usage records’ in Information World Review, 28-Oct-05.

 

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The editors welcome feedback.  To comment on the facts of this Case, or to respond to the editorial review, please contact the editors.

 

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Created: v0.1 01-Oct-07 : SS

Revised: v0.2 18-Oct-07 : SS   v0.3 23-Oct-07 : JG-T   v0.4 24-Oct-07 : SS   v0.5 15-Nov-07 : JG-T   v0.6 30-Nov-07 : SS   v1.0 30-Dec-07 : JGT