From: "Hinchliffe, Lisa W" <[log in to unmask]>
Date: Tue, 7 Aug 2018 23:22:08 +0000

I read this as aligning with RA21's position that the PII institutions pass to vendors belongs to the institution and not to individuals (because institutions are asserting "this specific person is one of ours" - with the implication that individuals have granted the institution use of their PII needed to assert this ... which seems to be what that first sentence asserts?). 

Personally, I don't find that argument from RA21 compelling since there is no need, as far as I am concerned, for a library/institution to pass the specific user's info to a database provider (see https://scholarlykitchen.sspnet.org/2018/01/16/what-will-you-do-when-they-come-for-your-proxy-server-ra21/ for a lot of my views on RA21 including privacy concerns!).

Lisa
From: "Donley, Leah" <[log in to unmask]>
Date: Tue, 7 Aug 2018 12:37:09 +0000

The latest SpringerNature T&C has a section on personally identifiable information (copied below).  Has anyone successfully changed it or do you have standard language that you use instead?  I haven’t come across language like this in any of our other agreements and so far am not having luck negotiating changes.  My main issue is with the first sentence.  It seems unreasonable that we would be responsible for obtaining approvals and consent for a publisher to receive/process pii from our users, not to mention it’s something that I don’t want to get involved with for a variety of reasons.  I would appreciate any suggestions that you may have!

 

 

In the event that Licensor’s performance of its obligations under this License Agreement requires that Licensor receive or otherwise process any personal data of Authorized Users, then Licensee shall obtain, if applicable, all necessary approvals and consent from Authorized Users for transfers of personal data to Licensor.  Personally indentifiable information collected or retained by the licensor is confidential and shall not be released without the prior written and explicit consent of the patron and the licensee

 

 

Thank you,

Leah Donley

 

 

Leah Donley
Research Library
Brookhaven National Laboratory
Tel: 631-344-7469
Email: [log in to unmask]