Laws and Ethics Affecting Libraries, Librarians and Library Usage
Library records and library use are afforded privacy protection by statute and / or published opinions in the fifty States and the District of Columbia. User privacy is also championed by American Library Association Code of Ethics specifically through Article III:
We protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.
These statutes, ethics and opinions can create formidable barriers to unlawful, unwarranted electronic discovery. However, dramatic changes to the traditional library information environment have led to a general failure of libraries to provide security of library records and transactions and fulfill professional and statutory guarantees of privacy. As a result of those dramatic changes, library usage represents a massive opportunity for legitimate and illegitimate electronic discovery.