Home | The Handling of Legal Issues  (Summary)
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SUMMARY

SCOPE
This guideline covers a number of key legal issues, i.e. Data protection and privacy; Encryption; Electronic commerce, authentication and digital signatures; Use of filtering software; and Intellectual Property Rights (IPR) in so far as they affect metadata 

POLICY ISSUES

• There is a clear need for education and publicity in these fields. This is especially true in certain areas, such as filtering software, where public libraries will inevitably be caught in conflicts between those who wish to censor and those who wish to see free flows of information, and in cryptographic policy, where the tensions between Governments wishing to have the power to decrypt encrypted materials and those who wish for privacy are becoming acute. These areas are political and libraries need to develop policies so that they can robustly defend their positions.

• There is a market niche for public libraries to enter, namely becoming Trusted Third Parties on behalf of those using encrypted communications.

• Electronic commerce and digital signature developments are likely to affect public libraries soon, and they need to get up to speed on the technical and commercial implications of these developments.

GOOD PRACTICE GUIDELINES
Very few initiatives, codes of practice or examples of best practice have been identified from the public library sector in Europe. USA, Canada and Australia provide some role models and useful guidelines but because of the differences in legal environment and culture, they would have to be amended if they were to be of use in a European context. 

FUTURE AGENDA

• There is a need to educate library staff, particularly in the fields of data protection, encryption technology and policy, authentication and digital signatures, e-commerce Directives and their implications, alternatives to filtering software and IPR in metadata. 

• There is a need to lobby Governments to ensure that changes to legislation take into account library needs.

• Library managers need to become more aware of the many liability issues that arise from patrons’ and employees’ use of the new technologies.

• Public librarians need to maintain awareness of all initiatives relevant to the protection of minors and other vulnerable citizens from harmful Internet content. 

• There is a need to consider market opportunities raised by these developments, especially as Trusted Third Parties.

• There is a need to develop model contracts for joint development work that involves creation of metadata.

• Public libraries should exchange examples of best practice in all these areas, prioritising filtering software in the first instance.

• Library school courses should cover all the issues raised in this Work package.

• EBLIDA or other responsible organisations should organise conferences and seminars, publish examples of best practice from Europe and the rest of the world and should provide a referral and updating service on new developments.

• Public libraries that are undertaking initiatives or have developed codes of practice should share them widely.

Home | The Handling of Legal Issues  (Summary)
Full Text: Page 1 | Page 2 | Page 3 | Page 4