SUM:Privacy vs Public Domain

[Mary Kendall <mkendall@UMD5.UMD.EDU>]

The responses received following my relating an incident involving the
lady searching for her father in our archived yearbooks are summarized
below.  To those who took the time to offer comments, sincere thanks from
many interested LM_NETers!

from Bill McKinnie: >Our yearbooks are made available to anyone doing
research.  The information which is found in them is not confidential and
is available in the public domain.  There are no restrictions to use
other than those normally found in an archives:  e.g.  the yearbooks are
not circulated and must be used in the library and returned to the
circulation desk.  I would suggest that you develop a formal policy
statement which would include conditions of use (available in most
archival/records management books.)  You might check state regulations.
We are governed by Freedom of Information legislation here in Ontario.

from Michele Tyrrell: >This time it was a woman trying to find the son
she put up for adoption.  First, she wanted me to Xerox pics from the
yearbook and mail to her.  I felt funny about that, not knowing if the
kid wanted to be found.  My principal said the yearbooks were public
record, that she could have access to them if she came in, but that we
probably shouldn't mail it.  It really is a gray area that no one around
here has any guidelines on.

from Reed Farnsworth: >I agree with you that the library should be a
souce of information and that the three sources she used to find her
father (the yearbook, some who recognizes his picture, and the phone
book) are all good sources.  It's a shame when we have to always be afraid
to help someone because what we do may not be appreciated by someone else.

from Nancy Reed: >Hide a complete set somewhere.  It worked for me for 25
years!

from B. Kellams:> We even had a police detective confiscate one of our
yearbooks in order to identify a former student.  While I feel the
yearbooks are public property and available to all our clients, I would
be reluctant to provide an address to locate that person.  Although
your story had a happy ending, it could have been the reverse if that
father had not wished to be identified.

from Sara Wolf: >All you did was provide access (IMHO) to resources that
are public access.  The old yearbook realistically could have been found
in any library setting, she just happened to choose yours. I think you did
the right thing... this hinges on the fact that you got your information from
the phone book, which is definitely not a place to expect privacy.

from Mary Kraft: >Good for you!  Right off the top of my head, I would
say, "No...there could be no problem with litigation."  Then I stopped
to think about our current society...hmmmmm! Well, *of course* there
could be litigation...just the same as there could if one of your little
darlings tore a hangnail while getting a book off the shelf!  I say....
sail on!!!

from Richard Moore: >Yearbooks are public records as soon as they are
acquired by a public agency.  The principal who allows visitors on campus
has given tacit approval for for that visitor to view anything available
in the library.

from David Levin: >Generally, rights to privacy would rest with first,
state laws, and secondly, the Board of Education.  You may also wish to
check with your teachers' union or association's lawyer regarding this.

from Frederick Muller: >The yearbooks do not leave the library FOR ANY
REASON.  Anyone who wants to look at them may look at them one at a
time.  It sometimes is a hassle and some staff want to take them out of
the library but I maintain the rule very strictly - it is a valuable and
almost irreplacable resource.

from Cheryl King: >My personal opinion is that yearbooks given to a
school library should be considered to be reference books and as such
should be available to anyone who asks to see them.  If an administrator
disagrees with that philosophy, then the principal should probably lock
past yearbooks up along with the student records.  (Now that I have said
that, I can think of some reasons why it might not be a good idea to allow
strangers access to pictures of current students.)

from Beth Battey: >I had a written request for information.  However, my
principal told me I could not send the info because of privacy.  I wrote
the requester telling him of the principal's decision.  I was glad that
it was out of my hands.  I have very mixed feelings about it.  Its a
difficult issue.

from Sandra Lee: >Frequently we have people come in to look at and xerox
pictures for yearbooks.  I have wondered if we were violating anything by
allowing this.

**************************************************************************

Mary Kendall                        Calvert High Media Center
mkendall@umd5.umd.edu               600 Dares Beach Road
(410) 535-7347                      Prince Frederick, MD 20678