Open Data of Another Kind

Entryway door with the words "OPEN" and "NOW" written in tape on the two steps leading up to the door, respectively.
Photo by Kadir Celep on Unsplash

We sometimes like to say that something happens because of “magic” – in reality, that “magic” is the result of the (invisible) labor of real and unmagical people. To some patrons, this “magic” takes the form of the many programs, resources, and services the library provides daily. It takes the work of people in both the public and back-office spaces of the library. What happens, then, if you take the “magic” created by people and replace it with the “magic” of technology?

Last month the Santa Monica Public Library announced their plans to reopen a branch closed to the public due to staff cuts last year. The branch opening wasn’t made possible by regaining staff positions but instead made possible through a state grant to expand physical services through a suite of self-service technology. This grant uses existing technologies that many libraries use, including self-checkout machines, security cameras, and a controlled entry card swipe/tap or keypad. Combining these technologies to create a self-service library without staff isn’t new, either – for example, several European libraries expanded physical library hours through self-service technologies. The technology behind Santa Monica Library’s branch reopening, Open+, has been piloted in other US libraries such as Gwinnett County Public Library to expand library hours and service sans on-site staff.

This open library model comes with tradeoffs that leave many library workers worried. Library workers and patrons alike raised valid concerns around open libraries replacing staff to save costs. Another tradeoff that some might miss is the increased collection, processing, and retention of data generated from patron use of the physical library. While the individual technologies are not new, the combination of existing technologies to create an open library expands the amount of surveillance and data collection to a level that exponentially exposes patrons to various privacy harms.

We might as well start with the elephant in the room. The use of security cameras in libraries has been contested throughout the years, with libraries trying to balance using cameras for physical library security and patron privacy. ALA created guidelines about security camera use for libraries but the use of cameras in library spaces brings the risk of violating patron privacy throughout each stage of the patron data lifecycle:

  • Collection – where are the cameras located? Are they recording footage of patrons using library resources, such as browsing shelves, computer usage, or other identifiable usages of materials in the library?
  • Storage, retention, and deletion – where is the recorded footage being stored? Is it locally stored in the library? If not, where is that storage? Is it with a vendor, organizational IT, or even local law enforcement? How long are recordings kept? How many copies, including backups, exist, and how long are they kept?
  • Access and disclosure – who has access to the footage? Library workers, the vendor, the parent organization? Can law enforcement access the footage without a court-issued order? What are the policies around disclosing footage?

Depending on the library’s location, some state and local regulations around library privacy can potentially include security camera footage as part of their definition of protected patron data. However, this protection cannot be guaranteed even if the regulations include such footage if the vendor recording and retaining footage is not legally obligated to protect this footage or if the footage is stored and retained by law enforcement.

The use of controlled entry technology brings another privacy risk to patrons in an open library setting. Academic, school, and other special libraries might be familiar with using card swipe or tap machines that control access to physical library spaces. These technologies are uncommon in public libraries, however.[1] These controlled access systems can create logs of patron data: who came into the library at what time. This patron log can potentially put patron privacy at risk through a data breach or misuse through secondary use (the reuse of data collected for another purpose) in the form of learning analytics and marketing campaigns.

Security cameras and controlled entry onto themselves create some privacy risks; nonetheless, these risks can be mitigated if particular care is put into the planning and implementation of each technology. Pairing these technologies with other monitoring technologies creates a profile of a patron’s library use through the combination of data sets. Who is doing the data collecting, storing, and retaining determines the level of risk to patron privacy. That is where libraries considering open library models need to spend considerable time assessing the privacy risks associated with who controls the surveillance technologies used to collect and store patron data. Currently, open library models consist of third-party technologies and services to coordinate all of these technologies. These third parties are not subject to state and local regulations around library data privacy (outside of California and Missouri). Trying to replace one “magic” (people) with another (technology services provided by a third party) doesn’t get rid of cost. Instead, it transfers and transforms it to the point where some library workers might not realize that the open library “magic” comes at the cost of patron privacy.

[1] The use of controlled entry technology in public libraries is also an equity issue concerning which groups of patrons can access the library outside of staffed hours. Who is excluded from the physical library in an open library model, and what are the implications of excluding them?

Just Published – Data Privacy Best Practices Toolkit for Libraries

Welcome to this week’s Tip of the Hat!

Today we’re happy to announce the publication of the Data Privacy Best Practices Toolkit for Libraries. This toolkit is part of the Data Privacy Best Practices Training for Libraries project, an LSTA-funded collaborative project between the Pacific Library Partnership and LDH focusing on teaching libraries the basics of data privacy. This introduction into data privacy in libraries serves as a guide for both administration and front-line workers, providing practical advice and knowledge in protecting patron data privacy.

The cover page for Data Privacy Best Practices Toolkit for Libraries: A Guide for Managing and Protecting Patron Data.

What does the toolkit cover? The topics range from the data lifecycle and managing vendor relationships to creating policies and procedures to protect patron privacy. The toolkit covers specific privacy concerns in the library, including law enforcement requests, surveillance, and data analytics. We also get to meet Mel and Rafaël, two library patrons who have unique privacy issues that libraries need to consider when thinking about patron privacy.  At the end of the toolkit is an extensive resource section with library privacy scholarship, professional standards, and regulations for further reading.

This toolkit is part of a larger group of resources, including templates and examples libraries can use to develop contract addendums, privacy policies and procedures, and data inventories and privacy risk assessments. In short, there are a lot of resources that are freely available for you to use in your library! Please let us know if you have any questions about the project resources.

Finally, stay tuned – the project is going into its second year, focusing on “train the trainer” workshops for both data privacy and cybersecurity. We’ll keep you updated as more materials are published!

New ALA Guidelines and Zoom Update

Welcome to this week’s Tip of the Hat!

In case you missed it – last week ALA announced a trio of new guidelines for libraries concerned with patron privacy during the reopening process as well as libraries who use security cameras at their branches:

Guidelines for Reopening Libraries During the COVID-19 Pandemic – Theresa Chmara, J.D. guides libraries with planning reopening procedures and policies, including requirements around wearing masks, health screenings of both patrons and staff, and contact tracing. While these guidelines are not legal advice, these guidelines should inform your discussions with your local legal advisors.

Guidelines on Contact Tracing, Health Checks, and Library Users’ Privacy – This statement from IFC reaffirms the importance of patron privacy in the reopening process, including giving newly published guidelines around contact tracing at the library. The statement also directs libraries to the Protecting Privacy in a Pandemic Resource Guide, which brings together several privacy resources for libraries to incorporate into their reopening processes, as well as the expansion of existing patron services to online.

Video Surveillance in the Library Guidelines – Libraries who use security cameras should review their existing policies around camera placement, recording storage and retention, and law enforcement requests for recordings considering the new guidelines. There are also sections around patrons filming library staff and other patrons which public libraries should review regarding staff and patron privacy and safety.

Take some time to review the above guidelines and discuss how these guidelines might affect your library’s reopening or use of security cameras in the building!

Zoom Update

Zoom reported that they will not provide end-to-end encryption for free-tier users so Zoom can comply with law enforcement. Now that you know how Zoom will respond to law enforcement requests, does their stance line up with your library’s law enforcement request policy, as well as your patron privacy policy? If not, how will your library adjust your use of Zoom for patron services? One option is to not use Zoom, but as we covered in previous newsletters, Zoom is arguably one of the user-friendly video conferencing software in the market. Nonetheless, there are alternatives out there that do a better job protecting privacy, including Jitsi. If you must use Zoom for patron services, check out the Zoom Security Recommendations, Settings List, and Resources document from LDH’s Remote Work presentation in April to help you secure your Zoom calls.