Ethical and

Legal Issues…In the

Libr

ary

What kinds of issues could I POSSIBLY face?

I mean, I work in a library!

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You’d be surprised…

Library workers have to be careful about several things:

1. Confidentiality

2. Giving Advice

3. Freedom of Information

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ConfidentialityWhat’s okay…• Telling a patron the status

of a book (available, checked out, etc.)

• Asking for help with answering a reference question

What’s not okay…• Telling a patron who has the

book checked out

• Embarrassing the patron by telling everyone the question

Respecting the privacy of library users is a very important part of working for the Earl K. Long Library.

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USA PATRIOT ACT

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001

The USA PATRIOT Act (or Patriot Act) was signed into law on October 26, 2001. Parts of this law have a direct impact on libraries, leading to serious ethical issues.

In fact, the American Library Association’s Code of Ethics clearly states: “We protect each user’s right to privacy and confidentiality with respect to information sought or received and resources

consulted, borrowed, acquired or transmitted.”

If a law enforcement official requests patron records, it is important that you direct them to the Administrative Office in Room 404.

If you want to know more about the USA PATRIOT Act, feel free to look it up with one of these two citations:

PL 107-56 OR 115 Stat. 272 (2001)See a librarian if you need help!

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Scenario 1:

A professor comes into the library and wants a particular book. Unfortunately, that book is checked out. She thinks another professor in her department might have checked it out, but she wants you to check for her. (Click when you are ready to answer the question.)

Do you…

a. Say no way, Jose!

b. Look it up and give her the information

c. Look it up and let her guess until she gets it right

d. Politely explain our policy…and offer to ILL it for her.

Hmmm…not exactly helpful…

Try again!

Nope…Try again!

YES!!!

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Scenario 2:

The 5-0 are here! The cops swarm the place…they hit the reference desk and demand that you give them the check out records for Chancellor Tim Ryan! What do you do?? (Click when ready.)

Do you…

a. Say, “You’ll never take me alive, copper!”

b. Look up his record and give them the information.

c. Tell them to talk to your lawyer.

d. Politely direct them to the Administrative Office.

A bit dramatic…

Try again!

Not really necessary.

You got it!

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Giving AdviceSo, your friends think you are Dear Abby…that’s cool, right? Not in a library. Believe it or not…people think librarians know everything.

We do, of course…but that doesn’t mean we should be giving advice about topics other than the library.

Avoid giving the following types of advice…

Medical

Financial

Legal

Business

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But if I know the answer…why shouldn’t I answer the question?

For a few reasons:

• Just because you think you know the answer, doesn’t mean you do. People often don’t tell you the whole story when asking a question.

• There are legal ramifications to answering these types of questions. Even though it is obvious that you are not a doctor or a lawyer, you could still get into a lot of trouble—think lawsuits.

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Then I shouldn’t help them at all?

Of course not! We’re here to help people!

You can…

• Direct the user to library resources on a particular topic

• Refer the user to the appropriate librarian

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Scenario 1:

A student is having problems with his roommate. He wants to know what his rights are legally. You had a similar situation last year. At the time, you did a lot of research and you think you know EXACTLY what this guy should do. After all, you uncle is a lawyer. (Click when ready.)

Do you…

a. Tell him, step-by-step what he should do.

b. Tell him your uncle will give him a discount (guaranteeing that you get a nice finder’s fee from your uncle).

c. Show him some legal resources and refer him to a librarian.

d. Run screaming from the Learning Commons.

No…try again!

Certainly not! Please try again.

You got it!

Just having fun with you.

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Scenario 2:

Your English professor comes up to the desk. He wants to know about herbal supplements that would be good for treating insomnia. You know all about herbal remedies…and you haven’t been doing too well in class. You are hoping to get on this professor’s good side. What do you do?? (Click when ready.)

Do you…

a. Give him a list of herbal supplements that might work.

b. Tell him you can’t help him unless he turns your C into an A.

c. Tell him you can’t help him—no way, no how.

d. Show him some resources on herbal remedies.

Not a good idea.

Hardly!

No...we can always help.

Way to go!

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Freedom of InformationFreedom of Information is an important part of working in a library.

In a nutshell:

•We do not discriminate against anyone, regardless of gender, race, religion, age, or views/beliefs.

•We do not eliminate materials because of content. We do not believe in censorship.

•We do not use our position as information-givers to persuade users to a certain belief.

The ALA’s Library Bill of Rights covers this issue extensively. For the full Library Bill of Rights, see slide 19.

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So what does this mean?It means that…

•We put our personal beliefs aside when we are at the reference desk.

•We do not put a limit on how much assistance we will give to someone because of their race, religion, gender, age or beliefs.

•We do not make assumptions about what information a user wants…or why they want that information.

•We do not limit the resources we can offer to a user.

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More reasons to help…assumptions

We all know what they say about assuming things. Never make assumptions about a reference question. In an earlier training session, you learned about digging beneath the surface of a question, as questions are hardly what they seem.

This is another reason to keep personal beliefs to yourself. In libraries, users are frequently researching topics that have nothing to do with personal beliefs. It is often impossible to tell if the user wants a particular book for a paper or for personal enjoyment…and, honestly, it’s none of our business.

So keep your personal beliefs to yourself…and avoid looking foolish.

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Scenario 1:

A homeless person comes into the library. You don’t like homeless people…they upset you. The person wants to know if there are computers he can use in the library. What do you do? (Click when ready.)

Do you…

a. Tell him there are no public computers.

b. Ignore him and hope he will go away.

c. Say something rude.

d. Politely direct him to the 3rd floor.

But that’s not true!

Bad customer service!

That’s not very nice!

Yes, you should help him!

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Scenario 2:

A student comes in and is looking for some anti-Semitic books. He wants to read Mein Kampf and David Duke’s book My Awakening. You are Jewish and are offended that this person would want anything to do with Hitler or David Duke. What do you do? (Click when ready.)

Do you…

a. Call him a Nazi and tell him to go somewhere else.

b. Look up books on Judaism and give him those call numbers.

c. Refuse to help him.

d. Politely look up the information he wants and give it to him.

Not a good idea.

No.

That’s against the ALA’s Library Bill of Rights.

Exactly!

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In Conclusion

You’ve learned some important things today. We don’t expect you to remember everything, but you can revisit this slideshow as often as you would like. It is important to always remember…

When in doubt… DON’T.

If you are unsure about something, find a librarian. That’s why we are here!

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The Library Bill of RightsThe American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information andenlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

Adopted June 18, 1948.

Amended February 2, 1961; June 28, 1967; and January 23, 1980,inclusion of “age” reaffirmed January 23, 1996, by the ALA Council.

Appendix 1

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Code of Ethics of the ALAThe principles of this Code are expressed in broad statements to guide ethical decision making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.

I. We provide the highest level of service to all library users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.

II. We uphold the principles of intellectual freedom and resist all efforts to censor library resources.

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.

IV. We respect intellectual property rights and advocate balance between the interests of information users and rights holders.

V. We treat co-workers and other colleagues with respect, fairness, and good faith, and advocate conditions of employment that safeguard the rights and welfare of all employees of our institutions.

VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.

VII. We distinguish between our personal convictions and professional duties and do not allow our personal

VIII. beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.

IX. We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.

Adopted June 28, 1997, by the ALA Council; amended January 22, 2008.

Appendix 2

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Created by Sonnet Erin Brown

Federal Documents/Reference Librarian

sebrown3@uno.edu

27 April 2009