ALA Code of Ethics II and III

I am back working on the revised version of Indispensable Librarian this week and I'll be sharing some things I'd like input on from my brilliant Blue Skunk readers. Last night I began working on the chapter on professional ethics, using a piece I wrote for Carol Simpson's 2003 book Ethics in School Librarianship as the outline. So over the next few days, I'll be looking at each of the eight ALA ethical statements in light of how technology has shaped our decisions.
Fishing boats at Rawai Beach, April 2012
ALA Library Code of Ethics Statement II: We uphold the principles of intellectual freedom and resist all efforts to censor library resources.
As discussed in the last chapter, technology has opened floodgates of information into schools by way of the Internet. Along with marvelous resources on topics of curricular and personal interest, the sewage and dangers of the Internet have become readily available as well. Materials and ideas that had been in the past physically inaccessible to students now can be viewed at the click of mouse button.
The potential of student access to unsavory and possibly unsafe materials on the Internet has made the support of intellectual freedom both more challenging and more important. It is difficult to justify a resource that allows the accidental viewing of graphic sexual acts by second-graders searching for information on “beavers” or communications by a malicious hacker with fellow hackers who encourage the destructive behaviors. Defending unfiltered Internet access seems quite different from defending And Tango Makes Three.
Yet the concept of intellectual freedom as expressed in both ALA’s “Library Bill of Rights” and “Freedom to Read” statements is as relevant to information in electronic formats as it is in print. And as expressed in “Access to Resources and Services in the School Library Media Program: An Interpretation of the Library Bill of Rights”:
Although the educational level and program of the school necessarily shapes the resources and services of a school library media program, the principles of the Library Bill of Rights apply equally to all libraries, including school library media programs.
While it must be recognized that preventing access to pornographic or unsafe materials is the reason given by those who advocate restricted access to the Internet in schools, there are political motivations behind such attempts to require blocking and monitoring software as well. The fight for intellectual freedom in schools is more important today than ever.
Librarians have the ethical responsibility to help ensure patrons use the Internet in acceptable ways by:
- Helping write and enforce the district’s Acceptable Use Policy
- Developing and teaching the values needed to be self-regulating Internet users
- Supervising student use of computers and other devices with Internet access and making sure all adults who monitor networked devices are knowledgeable about the Internet
- Educating and informing parents and the public about school Internet uses and issues
- Creating a learning environment that promotes the use of the Internet for accomplishing resource-based activities to meet curricular objectives
ALA Library Code of Ethics Statement III: We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.
Privacy issues are a hot-button topic as citizens become more aware of how easily technology can gather, hold and analyze personal data and how increasingly their own online activities can be monitored. As a society, we weigh our individual need for privacy against our need for security and convenience. Schools reflect the societal concerns and the librarian is often placed in a decision-making position regarding privacy issues.
State and national laws are specific about the confidentiality of some forms of student information, including grades, health, and attendance records. State laws that address the confidentiality of library records can be found on ALA’s Office of Intellectual Freedom website. The Family Educational Rights and Privacy Act (FERPA) is a Federal law that addresses student educational privacy rights. School board policies address student privacy rights and these policies should be in compliance with federal and state laws.
While the librarian needs to be aware of the general laws and board policies regarding student data privacy issues, the ethical choices we must make about giving student library usage information may fall outside the parameters of legally or policy defined “education records.” Circulation records, Internet use histories, and other professional observations generally do not fit the description of an “education record.” State laws referring to library records may not be interpreted as applicable to school library records. (Please remember, I am not a lawyer although I sometimes play one on the Internet.)
Adding complexity to ethical choices that must be made in interpreting the general statement about a library patron’s right to privacy, minors have traditionally been accorded fewer privacy rights than adults. To what extent do we as librarians reveal the information-seeking and reading habits of an individual student to other adults who have a custodial responsibility for the well being of that student? Do I let a child’s parent, teacher, or school counselor know if one of my students has been accessing “how-to” suicide materials on the web? Do I give information to an authority on a child’s Internet use if it appears that the authority is just on a “fishing trip” with little probable cause for needing this data?
There are often legitimate pedagogical reasons to share with a child’s teacher information about that child’s library resource use. Is the child selecting reading materials at a level that allows that child to practice his or her reading skills? Is the child using the online resources to complete a classroom assignment?
While most of us can agree that violating the privacy of our students for our own convenience (displaying overdue lists that link student names with specific materials on the library website, sending such information to parents directly, or blindly supplying information about student reading or browsing habits to any adult who requests such information is unethical, finer guidelines need to be established if we are to act ethically in the broader context of student and school welfare.
I would suggest we ask ourselves as librarians when making decisions about student privacy issues:
- What are my school’s policies and state and federal laws regarding the confidentiality of student information? Have I consulted with and can I expect support from my administration regarding decisions I make regarding student privacy? Is there recourse to the school’s legal counsel regarding difficult or contentious issues?
- What is the legitimate custodial responsibility of the person or group asking for information about a student?
- How accurately and specifically can I provide that information?
- By providing such information is there a reasonable chance the information may prevent some harm to either the individual or to others in the school or community?
- Is there a legitimate pedagogical reason to share student information with a teacher? Am I sharing information about materials that students are using for curricular purposes or for personal use?
- Have I clearly stated to my students what the library guidelines are on the release of personal information? If the computers in the library are or can be remotely monitored, is there a clear statement of that fact readily posted?
- If student activity on a computer is logged, are students aware of this record, how long the log is kept, how the log may be used, and by whom?
As librarians, we of course need to help students be aware of technology issues related to privacy both so that they can protect their own privacy and honor the privacy of others. Students need to understand that businesses and organizations use information to market products, and that information is often gathered electronically, both overtly and covertly. Students need to know that a stranger is a stranger, whether met on the playground or on the Internet and that personal information shared with a stranger may put themselves and their families at risk. Students need to know that schools have the right to search their files when created and stored on school owned computer hardware. Students need to be taught to respect the privacy of others: that because information is displayed on a computer screen doesn't make it public; that information inadvertently left accessible does not mean that it is appropriate to access it.