Investigatory powers bill and libraries

This blog post was contributed by Ian Clark from the Informed team and Lauren Smith, a Research Associate at the University of Strathclyde.

The news that libraries may be forced to hand over personal data to the security services raises serious ethical questions regarding the confidentiality of what people choose to read. A fundamental ethical principle of the library and information profession is the freedom of individuals to access information and read whatever they choose in confidence. The Chartered Institute of Library and Information Professionals (CILIP) is very clear on the obligations to library users. Its ethical principles state the need to demonstrate:

Commitment to the defence, and the advancement, of access to information, ideas and works of the imagination.

Such a principle is undermined if the government is known to be able to access data on the “information, ideas and works of the imagination” that individuals access. The chilling effect of such a move would inhibit individuals from accessing whatever they want without fear of reprisals from the state.

Furthermore, CILIP has also endorsed the Council of Europe’s “Public access to and freedom of expression in networked information: Guidelines for a European cultural policy”. These guidelines are very clear that what users choose to access should be treated as confidential and that the privacy of users should be paramount:

1.2 It is the responsibility of individuals using Public Access Points to decide for themselves what they should, or should not, access.

1.3 Those providing Public Access Points should respect the privacy of users and treat knowledge of what they have accessed or wish to access as confidential.

The proposals laid out by Theresa May seriously threaten these basic ethical principles. If the state is able to access data on what individuals have been reading in public libraries their freedom to read and access what they choose is seriously compromised.

Ironically, these proposals come at a time when libraries and librarians in other parts of the world are emphasising the importance of ensuring that individuals can access what they wish in confidence. In December last year, librarians were in uproar when Haruki Murakami’s borrowing record was published in a Japanese newspaper. In response, the Japan Librarian Association re-affirmed that:

“Disclosing the records of what books were read by a user, without the individual’s consent, violates the person’s privacy.”

In the face of similarly intrusive legislation (the PATRIOT Act) in the United States, some libraries have begun purging records of inter-library loan requests to protect users’ privacy. As yet we have not seen comparable moves by the profession in the UK, but the increasingly aggressive rhetoric from the government regarding what and how individuals seek out information is clearly in conflict with the values we espouse as a profession.

Libraries should not distinguish between books and web activity. What individuals read and access online should be as private and as confidential as their book borrowing habits. Although we do not have the constitutional protections to intellectual liberty that American library users are afforded under the First Amendment, both professional organisations (such as CILIP) and political bodies (Council of Europe) are very clear that what a user accesses in a library should remain confidential. The proposals put forward by Theresa May threaten these basic principles of intellectual freedom and liberty and will put intolerable pressure on public libraries. Our government’s desire to undermine these principles is not only dangerous, but will also seriously undermine the bond of trust between public libraries and their users.

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