Libraries, Privacy, and… Tropes?

Welcome to this week’s Tip of the Hat!

A popular way to procrastinate at LDH is to dig through the pile of articles and other literature about all facets of privacy: regulations, ethics, practices, current events… the current events pile is at overcapacity at the moment. In these piles of articles, we come across one particular trope that we’d like to address – libraries as exemplars of privacy ethics and practices.

This trope is similar to others in other mainstream stories that use libraries as exemplars for other things, such as community engagement, democracy, and learning centers. The “library as privacy exemplar” trope coexists with these other tropes, sometimes in the same story. Other times the trope is front and center of an article. An example of this is an IAPP article about general privacy practices at the library. At best, this article demonstrates the attitude and tone of how many writers think about the library as an enlightened entity with their focus on privacy. Near the end of the article comes another trait that these articles tend to share, which is modeling privacy practices off of the library profession: “While library culture tilts heavily in favor of protecting the ‘citizen from state’ intrusion, that same culture can be mobilized to advocate for ‘customer’ privacy as well in relation to third-party service providers.”

All of this leads us to a hidden danger in the “library as privacy exemplar” trope, which is unquestioned trust in libraries in all matters of privacy and data ethics. Some of that trust has been earned – there are several library privacy initiatives, such as the Library Freedom Institute, that are very active in the greater community in their advocacy and education around data privacy. In addition, LDH’s conversations with technology workers in other fields have made it clear that professionals in other industries wished that they had strong professional ethics and standards like the library profession.

Nonetheless, others from outside the library profession take this trust too far. For example, in Emma Trotter’s “Patron Data Privacy Protection at Public Libraries: The Ethical Model Big Data Lacks”, Trotter proposes that libraries should become personal data stores (PDS) where people can gather their data in one secure place and then manage the processing of their data by third parties. Trotter is very confident that libraries can become the ethical role model for Big Data with this marriage between PDS and library privacy ethics. Overall, Trotter believes that the ethical issues around Big Data would be negated once libraries become front and center in the overall management of Big Data.

While libraries do have a strong ethical basis around advocacy and adoption of privacy practices, libraries also have their fair share of privacy issues and gaps. Libraries are not immune to the same threats and vulnerabilities as other professions and industries, such as data leaks and breaches, ransomware attacks, phishing, and even underfunding or undertraining staff in ways to protect patron privacy. Librarianship also deals with ethical issues around their collection and processing of patron data, particularly for marketing and user profiling, as well as working with vendors who also collect and process patron data without giving the patron control over what is collected and processed. One doesn’t need to search too far to find an example of such – one being the Santa Cruz Public Library’s Civil Grand Jury Report about the numerous ethics breaches surrounding their use of patron data without full patron notice and consent, among other violations of patron privacy.

Yes, other industries can learn from libraries about how to approach privacy in their daily work, including ethics and advocacy, but libraries also have to be honest about the profession’s struggles around data privacy, both on a practical and ethical level. Part of that is being public with these struggles in the public discourse, be it with patrons or with people from other industries who are looking for a model to base their professional privacy ethics and practices on. Another part is re-evaluating how we, as a library profession, market ourselves as privacy experts and safe-keepers of data to our patrons. Again, libraries set themselves apart from other industries regarding privacy ethics and advocacy, but they cannot set themselves apart from the reality that is working with data in the real world that has real needs that fall into ethical gray areas and real data security and privacy risks.

Data Discounts

Welcome to this week’s Tip of the Hat!

At LDH we have been known to have a sweet tooth – there are always four to five different types of sweets within reach of the office desk. Therefore, it shouldn’t come to a surprise to our newsletter readers that when presented with the option to get a free cup of Heart Eyes (red velvet cookie dough, white chocolate chips, and heart sprinkles) from a local edible cookie dough vendor, LDH took full advantage of the opportunity to indulge.

The free cup of dough came with a catch, though. The free dough was part of a grand opening celebration for a co-working space. To receive the free dough, you had to give your email address to the co-working space company. Here we have a dilemma – what are the privacy tradeoffs that I’m willing to make for cookie dough?

Multiple times a day we find ourselves asking similar questions – what are the privacy tradeoffs that we’re willing to make for discounts at our favorite store, or a particular brand, or other business? What are the privacy tradeoffs you’re willing to make for everyday items or essential services? A recent opinion piece in The New York Times illustrates this tradeoff with a fictionalized company that finds its inspirations from many different sources, from grocery store loyalty cards to checking in at a store location or posting a brand marketing hashtag on social media. The story also touches on how surveillance and tracking disproportionally affect vulnerable populations, such as those who can’t afford basic services without giving up their data to receive a discount. A real-life example of this happened to LDH. We received an offer from our health insurance company to sign up for a discounted Amazon Prime account that was only available to those receiving insurance through the state health insurance marketplace (we declined the offer).

You can choose to not trade your data for discounted goods and services, though it is getting harder to avoid this data transaction when paying for goods and services, or if you interacted with a business through their website or social media. Even going to a physical store location can involve a data transaction if the business is using beacons to seek out your mobile phone WiFi or Bluetooth signal or using facial recognition technology at their store. If the only way that you can afford health or car insurance is to install a tracking device in your car or to provide data from your health app, then your data is paying for that cash discount.

Currently, you have limited options to protect your privacy when dealing with health and car insurance companies. For other businesses, though, there are some ways you can limit how much data you give to them:

Using one or more of these strategies can limit the amount of personal data collected on you by the business while still receiving the financial incentives provided by the company.

Going back to our “free” cookie dough situation, the co-working space company did get an email address (used for promotions) from us, but nothing more, even though the email form included fields for name, address, and phone number. We got our cookie dough, the company got an email address that will promptly toss their promotional emails into a filtered folder, followed by an unsubscribe request. The things that we will do for free cookie dough…

NISO Cybersecurity webinar, February 12th

Come join LDH and others on Wednesday, February 12th, for a webinar discussion on cybersecurity!

NFAIS Forethought: Cybersecurity: Protecting Your Internal Systems
Every organization, as a standard course of action, should be implementing protection policies and updating protective measures surrounding their confidential data and internal systems. Phishing and malware are a constant threat. As a response, reliable cybersecurity requires an integrated approach in ensuring the safety of networks, devices, and data. How should enterprises and institutions be thinking about their cybersecurity needs? What basic requirements should be in place? What guidelines or best practices exist? What are the best resources? This roundtable discussion will bring together experts active in the field to address these and other questions.

Confirmed participants in this roundtable discussion include: Daniel Ayala, Founder, CISO/Chief Privacy Officer, Secratic; Blake Carver, Senior Systems Administrator, LYRASIS, Becky Yoose, Principal, LDH Consulting Services; Hong Ma, Head, Library Systems, Loyola University of Chicago; Wayne Strickland, Acting Associate Director at Department of Commerce, National Technical Information Service; Christian Kohl, Principal, Kohl Consulting.

NISO members can attend the webinar for free; non-members can also register for the webinar at https://www.niso.org/events/2020/02/nfais-forethought-cybersecurity-protecting-your-internal-systems. We hope to see you there!

Who Knows, Who Decides, and Who Decides Who Decides

Welcome to this week’s Tip of the Hat!

Shoshana Zuboff’s book The Age of Surveillance Capitalism provides a comprehensive overview of the commodification of personal information in the digital age. Surveillance capitalism is a specific form of capitalism that focuses on using personal data to predict and control user behavior. Zuboff’s analysis of surveillance capitalism centers around three questions:

  • Who knows?
  • Who decides?
  • Who decides who decides?

In the book, Zuboff provides some context to the questions:

The first question is “Who knows?” This is a question about the distribution of knowledge and whether one is included or excluded from the opportunity to learn. The second question is “Who decides?” This is a question about authority: which people, institutions, or processes determine who is included in learning, what they are able to learn, and how they are able to act on their knowledge. What is the legitimate basis of that authority? The third question is “Who decides who decides?” This is a question about power. What is the source of power that undergirds the authority to share or withhold knowledge?

Zuboff offers answers to these three questions in her book: “As things currently stand, it is the surveillance capitalist corporations that know. It is the market form that decides. It is the competitive struggle among surveillance capitalists that decides who decides.” While the current prognosis is grim according to Zuboff’s analysis, the three questions are a powerful tool in which one can discover the underlying power structures of a particular organization or culture.

An interesting thought exercise involves applying these three questions to the library. On a lower level, the data lifecycle provides some answers to “Who knows?” concerning access to patron data as well as the publication and disclosure of data in reports, data sets, and so on to third parties. The “Who decides?” question goes beyond the data lifecycle and ventures into the realm of data governance, where decisions as to who decides the data practices of the library are made. However, the answer goes beyond data governance. Library use of third-party tools and services in collecting or processing patron data bring these third parties into the realm of “Who knows?” as well as “Who decides?” The third-party can adjust their tools or products according to what best serves their bottom line, as well as providing a tool or product that they can market to libraries. Third parties decide what products to put out to the market, and libraries decide which products meet their needs. Both parties share authority, which leads this thought experiment closer to Zuboff’s analysis of the market as the decider.

That brings us to the third question, “Who decides who decides?” Again, our thought experiment starts to blend in with Zuboff’s answer to the same question. There is indeed a struggle between vendors competing in a niche market that has limited funds. We would be remiss, though, if we just left our analysis pointing to competition between third parties in the market. Part of what is driving the marketplace and the tools and services offered within are libraries themselves. Libraries are pressured to provide data for assessment and outcomes to those who directly influence budgets and resources. Libraries also see themselves as direct competitors to Google, Amazon, and other commercial companies that openly engage in surveillance capitalism. Instead of rejecting the methods used by these companies, libraries have to some extent adopted the practices of these perceived market competitors to keep patron using library services. A library on this path could find themselves upholding surveillance capitalism’s grasp in patrons’ lives.

Fitting this thought experiment into one newsletter does not give the questions the full attention they deserve, but this gives us a place to start thinking about how the library shares some of the same traits and qualities found in surveillance capitalism. Data from patron activities can provide valuable insight into patron behaviors, creating personalized library services where yet more data can be collected and analyzed for marketing purposes. It’s no surprise that data analytics and customer relationship management systems have taken off in the library market in recent years – libraries believe that there is a power that comes with these tools that otherwise wouldn’t be accessible through other means. Nonetheless, that belief is influenced by surveillance capitalists.

Decided for yourself – give Zuboff’s book a read (or listen for the audiobook) and use the three questions as a starting point for when you investigate your library’s role in the data economy.