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Privacy Policy

PURPOSE

To ensure that the Hamilton Public Library Board is in compliance with the Municipal Freedom of Information and Protection of Privacy Act 1989, and that the library adheres to the principles outlined in the Canadian Standards Association Model Code for the Protection of Personal Information. These principles are:

Accountability: The library will clearly state who is to be contacted whenever a user questions the use of personal information. The library will ensure that its privacy policy is enforced by all library staff members as well as any third party organizations or agencies that may have legitimate access to such information in support of the library’s business.  

Identifying Purpose: The library will clearly state the purpose for collecting any personal information before such information is collected. Consent must be obtained before the information can be used in any new way, except where such use is required by law.  

Consent: Any individual may choose not to allow the collection of such information, although such an action may affect a person’s ability to use the affected library services.

Limiting Collection: Information shall be collected using only legal and lawful means and use shall be limited to that which is necessary for the purposes identified by the library.  

Use, Disclosure and Retention: Personal information shall not be used or disclosed for purposes other than that for which it was collected, except with the consent of the individual or as required by law. Personal addresses and phone numbers that are collected by the Hamilton Public Library will not be given or sold to other organizations and will only be used for Library-only mailings that are approved by the Board. Information may be shared with agencies or companies working within the scope of their duties on behalf of the library. The library shall ensure that such agencies or companies abide by the library’s policy. Personal information shall be retained only for the period of time required to fulfill the purposes for which it was collected. 

Accuracy: Under the terms of the legislation, we will commit to an annual review to ensure that the collection, storage and disposal of the information is carried out in a manner that conforms to the Municipal Freedom of Information and Protection of Privacy Act 1989. Personal information shall be as accurate, complete and as up-to-date as is necessary to fulfill the purpose for which it is collected. Individuals may challenge the accuracy of their personal information.  

Safeguards: Personal information shall be protected by safeguards that are appropriate for the sensitivity of the information collected.

Openness: The library shall answer any individual’s questions about the uses of specific information and about specific practices, ensuring that practices abide by this policy.  

Access: The library shall allow users to see personal information about themselves. Library staff must provide loan information about a child less than 16 years of age to that child’s parent or guardian. Library staff must also honour court orders issued by a judge that require the release of personal information. With approval of the Chief Librarian, library staff may also disclose personal information in compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased. Any disclosures to law enforcement officials or to assist in compassionate circumstances must be reported to the Library Board, without identifying the individual concerned.  

Challenging Compliance: Any library users who feel their privacy has not been protected may challenge library practices through the Chief Librarian. A library user who, after such a challenge, is not satisfied with the result, may appeal to the Library Board, maintaining either that the current policy has been violated or that the current policy needs to be changed in order to address a perceived issue.

 

PROCEDURE

Staff Policies: What we Collect and Why 

The staff of the Hamilton Public Library collect the following information about individual library users. Board policy states that such information “shall be retained only for the period of time required to fulfill the purposes for which it was collected.” The retention period for each item cited in this section is listed in the Library Board Retention Policy, a copy of which is available through the library’s administration and on the library’s website. 

1.  The library system collects the name, address, and telephone number of each registered library user.

Such information is used by staff and by agencies and companies working within the scope of their duties on behalf of the library. Such information can be used in the provision of library services.

2.  The library system collects information about what an individual library user may have borrowed from the library system.

Information about what an individual library patron may have borrowed is not shared with anyone. Possession of a library card is considered consent by the person to share such information with the person holding the library card. Patrons may designate family members or others to check out material for them, using their card. Information about what a person may have borrowed is not retained when the item is returned except where fines and fees may have occurred or where the person is registered for the Visiting Library Service.  

3.  The library system collects information about items placed on Hold to be borrowed by an individual library user. Information about what an individual library user places on Hold is not shared with any member of the public.An individual user may designate others to know what has been placed on Hold for him or her so that these specific people may pick up their Holds. Without such a designation, Holds may only be checked out by the person who has the library card of the individual placing such a Hold.Holds are kept in a public area at some library branches so that individual users may pick up their own Holds. The material kept in these areas is filed by an individual user’s last name. Anyone concerned about the fact that such material is held in a public area may request that their Holds be kept away from potential public scrutiny.  

4.  The library system collects information about public meeting room space that a

specific individual may rent and programs that people may have registered to attend.

Information about what an individual library user rents or registers to attend is not shared with any member of the public.  

5.  The library system collects information about when an individual may have booked a public use computer as well as how that computer has been used. All history or cache files which might identify how a person has used a library public access computer are erased once the computer is rebooted at the end of a session. At present (December, 2004) software limitations require that back-up information about who might have used a particular public computer is stored for approximately one week after a machine has been used. The library’s goal is to ensure that all such information is erased at the end of the day upon which a computer is used.

Upon complaint, the library may review the use of a particular computer to ensure that the library’s Internet Use Policy is being upheld. Such a complaint must be lodged on the day of the alleged abuse so that an investigation may occur.

6.  The library collects information about who has requested material borrowed through Interlibrary Loan as well as information about the material requested.

The provincial Interlibrary Loan process is managed by software used by all provincial libraries that participate in the Interlibrary Loan program. The name and the address and phone number of any person requesting material from another library system is collected by Hamilton Public Library staff and is stored on servers in other places and in other countries. While there are safeguards in the software to ensure that personal information is protected, the Hamilton Public Library cannot monitor nor control the use of this information.  

7.  The library system collects Comment Forms, letters from individual users and Requests for Reconsideration from individual users (A Request for Reconsideration is a request that an item held in the library’s collection be removed). Comment Forms addressed to staff are used internally to improve services. Comment Forms that affect overall services are reviewed by senior staff and, at times, by the Library Board. Comment Forms may form part of the Board package. The names of anyone submitting forms that are included in a Board package form part of that package and may appear on the Board’s public documents. Letters sent to staff by individual users are considered confidential. Letters that are sent to the Library Board may form part of the Board’s public documents.

A Request for Reconsideration that is appealed to the Library Board becomes part of the public record, including the name of the individual making such a request.  

8. At times, library staff collect personal information that may be required to assist in answering reference questions either in person, over the phone, or through electronic mail. The Library may collect personal information in order to assist a person but, once the question is complete, staff will keep no permanent records that link reference questions to a specific person.  

9.  The library system collects visual images through security cameras inside some locations. Visual images may be used by library staff to ensure the safety of staff and persons using the library itself. Agencies or companies working within the scope of their duties on behalf of the library may also use such images. Images are only used to ensure that library behavioural polices are enforced or that the safety of the people whose images are collected is protected. 

10.  The library system collects photos of library users at library events and programs. Photos of recognizable individuals taken by library staff or for library purposes will not be used without proper permission.  

11.  The library system may, on occasion, permit valid research within the library. This may include the use of individual library records. Any such research must be approved by the Library Board, which will apply the principles of the Canadian Standards Association Model Code for the Protection of Personal Information. Any research that is conducted by an outside agency must be approved by an appropriate research ethics board. Whenever individual user information is used under the approved terms of a research agreement, personal information will be destroyed before the publication of any results.