[Libs-Or] Email Notification Complaint

[Diedre Conkling]

Thanks, and once again this is very useful information.



On Tue, Jan 5, 2010 at 5:31 PM, Jim Scheppke <jim.b.scheppke at state.or.us>wrote:

> Hi Diedre. Email notifications, such as the “Concerned Patron” is concerned
> about do not constitute a violation of ORS 192.502(23). CP’s interpretation
> of the law is incorrect.
>
> The law does not “state that the library will not disclose” the name and
> address of library patrons. The law makes these library records exempt from
> disclosure under Oregon public records law. But an exemption from the public
> records law is not the same thing as a prohibition against disclosure.
> Attached is a Letter of Advice that the State Library received from the
> Oregon Attorney General’s Office in 1995 that explains this in answer to
> question #2. Library staff in Oregon should be familiar with this.
>
> Every Oregon library needs to have a policy in place that covers their use
> of patron records, as the AG advice points out. Ideally this policy would
> cover the issue of email notifications. The suggestion of the Concerned
> Patron to remove the address from email notifications might be reasonable
> and could be made part of library policy.
>
> Thanks for raising this important issue.
>
> Jim Scheppke, State Librarian
> Oregon State Library
> 250 Winter St. NE
> Salem, OR 97301
> 503-378-4367
> (fax) 503-585-8059
> jim.b.scheppke at state.or.us
>
> Go Green, Keep it on screen - think before you print.
>
>
>
> On 1/2/10 10:30 AM, "Diedre Conkling" <diedre08 at gmail.com> wrote:
>
>   Like most of you, we are trying very hard to secure patron information
> and to follow the new FCC regulations (not yet in affect) and state laws
> related to identity theft.  (Manystates have similar identity theft laws.)
> I think these are the laws more related to this question than the Oregon
> library statutes, since I think the library statues apply differently to
> each library in Oregon depending on that library's own policies.
>
> We do send out email notifications at this time that include name and
> address since they replicate our snail mail notifications for holds and
> overdue items.  The notifications are sent out by our computer consortium
> with a text agreed upon by all of our libraries.  We are currently in the
> process of hiring a new system administrator so it is taking us more time to
> find out, than normal, if we can do a different kind of message for email
> messages than the message we use for snail mail.
>
> Patrons are not required to get notices by email.  It is a personal
> choice.  However, we would prefer that most of them would use email since it
> costs us less.
>
> *My questions*:  Have any of you dealt with this problem?  Do you send out
> different notifications through email than you do through snail mail?  I
> won't ask you the legal questions but if any of you know more about whether
> or not this kind of notification is violating any laws we would like to get
> that information as well.
>
> -------------------------
>
> *This is the message we have received twice:
> *
> Hi,
> I noticed that the Library's Email Notifications contain the full name and
> address of patrons along with the library materials ordered. Emails are not
> considered secure communication and in so, expose private information
> therefore violating the Library's Privacy Policy as well as Oregon Revised
> Statute 192.502(23). These state that the Library will not disclose:
> • circulation records, showing use of specific library material by a named
> person: or
> • name of a library patron together with the address, telephone number, or
> e-mail
> address of that patron.
> At minimum, please consider removing the residential address of the patron
> inside emails. Are there any plans to address this concern?
> Thank you,
> A concerned patron.
>
>


-- 
Diedre Conkling
Lincoln County Library District
P.O. Box 2027
Newport, OR  97365
Work phone & fax:  541-265-3066
Work email:  diedre at beachbooks.org
Home email:  diedre08 at gmail.com
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