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LIBLICENSE-L  February 2015

LIBLICENSE-L February 2015

Subject:

Re: Politico on the Pearson juggernaut

From:

LIBLICENSE <[log in to unmask]>

Reply-To:

LibLicense-L Discussion Forum <[log in to unmask]>

Date:

Wed, 25 Feb 2015 22:20:32 -0500

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text/plain (126 lines)

From: "Elizabeth E. Kirk" <[log in to unmask]>
Date: Wed, 25 Feb 2015 13:14:40 +0000

Maybe I have not paid sufficient attention to all of the posts in this
thread (a distinct possibility), but I don’t recall seeing many allusions
to legal protections. Privacy issues aren’t just a matter of librarian or
higher ed ethics—most states have laws that govern the disclosure of
library patron information.

Here is New Hampshire’s Title (from Title XVI, New Hampshire Revised
Statutes):

 201-D:11 Library User Records;  Confidentiality. –

I. Library records which contain the names or other personal identifying
information regarding the users of public or other than public
libraries shall be confidential and shall not be disclosed except as
provided in paragraph II.  Such records include, but are not limited to,
library, information system, and archival records related to the
circulation and use of library materials or services, including records
of materials that have been viewed or stored in electronic form.

II. Records described in paragraph I may be disclosed to the extent
necessary for the proper operation of such libraries and shall be
disclosed upon request by or consent of the user or pursuant to
subpoena, court order, or where otherwise required by statute.

I don’t see anything here that permits a corporation or any other
organization to use online behavior of licensed resources for marketing
purposes. And yes, we do scrutinize our licenses to ensure compliance
before signing them.

Elizabeth E. Kirk
Associate Librarian for Information Resources
Dartmouth College
6025 Baker Library
Hanover, NH 03755


-----Original Message-----
>From: Ann Shumelda Okerson <[log in to unmask]>
>Date: Tue, 24 Feb 2015 21:05:51 -0500
>
>Bernie -- We are at last hearing growing numbers of privacy
>discussions in various library venues and forums. In at least its two
>most recent meetings, CNI has had presentations on privacy, and the
>most recent session is on my "to listen" list:
>
>*******
>
>Swords, Dragons, and Spells: Libraries and User Privacy, a project
>briefing presented at CNI's December 2014 member meeting, explored
>these conflicting privacy challenges and surveyed the real-world data
>environments that libraries are working in. Panelists were Peter
>Brantley (NYPL), Marshall Breeding (consultant), Eric Hellman
>(Glejar), and Gary Price (infoDOCKET.com).
>
>Video of the presentation is now available online:
>YouTube: http://youtu.be/KQeK0rCQpmo
>Vimeo: http://vimeo.com/114594592
>
>*******
>
>Last November, the Charleston conference featured a well attended
>session, "Privacy in the Digital Age," with some very helpful
>presentations, particularly regarding strategic thinking in this area:
>
>http://2014charlestonconference.sched.org/event/ddd2829e1f1278192f5e96b32b
>263d21#.VO0rOMaDlXA
>
>At the same conference, Bill Hannay (Schiff, Hardin, Chicago) in a
>plenary session spoke about privacy and the EU legislation (The Right
>to be Forgotten) and the comparatively less attention this matter gets
>in the US.
>
>Gary Price (InfoDocket) is passionate about this topic and you'll find
>privacy items in his LJ columns.
>
>At the Fiesole Retreat (Berlin, May 2015), the closing session will
>feature among others, Pam Dixon, who heads the World Privacy Forum.
>Pam's work is worth seeking out; it has been covered in the New York
>Times, for example.
>
>I realize this message is a bit "catch as catch can" and not as
>systematic as Lisa's or Eric's, or as the topic may deserve.  And we
>know that few of us can get to any one of these meetings, let alone
>several.  Fortunately, a number of the conference presentations are
>posted online, which is a boon for those who can take the time.
>
>All best, Ann Okerson
>
>---------- Forwarded message ----------
>From: Bernie Reilly <[log in to unmask]>
>Date: Sun, 22 Feb 2015 18:17:59 +0000
>
>My intent in referencing the Politico article was to the broach the
>topic of user information in the educational and scholarly publishing
>realm.  Factual errors about who owns what notwithstanding, it seems
>to me that the collection and use of information about student and
>faculty research by large commercial entities like Pearson represents
>a turning point.  The Politico report suggests to me that Pearson is
>using its integration of online learning, course management, training,
>testing, and publishing platforms, to aggregate -- and monetize --
>information about those in academia.  While federal regulations
>strictly limit what Pearson can do with data on K-12 students, there
>are few restrictions on what they can do with information they gather
>post-secondary users.
>
>I wonder about the potential impact of this on libraries in
>particular.  Traditionally, libraries have erected robust firewalls
>around circulation data, data about who reads and uses what.  With the
>advent of electronic materials ("E-books: the books that read you.")
>granular usage data can now be gathered by publishers.  While these
>data are in most instances anonymized, the practice encroaches upon
>the absolute privacy that researchers once had.  Given the degree to
>which information industry business models depend on monetizing user
>data, I doubt that this reality is likely to change, even with
>government regulations.
>
>Debate about this may well be raging somewhere out there in the
>research libraries world.  If so, I would be grateful if any of my
>fellow Liblicense readers could direct me to that venue.
>
>Bernie Reilly
>CRL

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