Monthly Archives: May 2020

The EU General Data Protection Regulation, Two Years On

On May 25, 2018, the General Data Protection Regulation (GDPR) came into force in the EU. This marked a fundamentally new approach to data protection, privacy, security and user rights. Naturally, libraries as controllers of user data – patron registration data, library website uses, and much more – saw new obligations, responsibilities and processes that they needed to implement. Two years on, where does GDPR stand, and how will it continue to impact the library field?

The implementation and enforcement of GDPR has given rise to a flurry of activity over the past two years. Access Now points out that more than 140000 complaints have been submitted between May 2018 and May 2019 alone. Those found guilty of breaching its provisions have been held to account, with 231 fines or other sanctions levied over the past two years.

Indeed, just a few days ago, the Irish Data Protection Commissions issued a draft decision regarding Twitter’s GDPR compliance, moving closer towards the completion of a major cross-border GDPR case. Earlier, national authorities have already administered fines to Facebook, Google and WhatsApp; and several countries across the world introduced data privacy legislation inspired by GDPR or the global conversation it had launched.

Nonetheless, despite these arguably positive stories of authorities acting to protect privacy,  the Access Now report also points out the challenges that GDPR implementation has faced – such as the resource constraints Data Protection Authorities may face or the challenges of cross-border cases. Similarly, in their Open Letter marking the second anniversary of GDPR, European Digital Rights calls for more action to address the GDPR enforcement gaps.

Keeping Up with Events

The timing is helpful. A formal review of GDPR is due for its second anniversary. In addition, the area of data regulation will likely see more significant activities in the coming months and years. Just a few months ago, the European Commission led by Ursula van der Leyen has unveiled an ambitions EU Data Strategy, which will aim to facilitate data flows throughout the EU and enable broader use of data in services and products.

As a result, in 2021, Europe can expect a proposal of an EU Data Act; which will of course be linked to GDPR when it comes to such questions as data sharing and user rights (e.g. portability).

Of course, the current pandemic has also raised questions pertaining to GDPR. The COVID crisis has, for example, prompted questions about the more extensive use of health data for research purposes, employee data, or tracing applications and geolocation – and how these relate to the privacy and security protections guaranteed by GDPR rules.

The European Data Protection Supervisor has reiterated that GDPR is designed to be a broad legislation, with rules and regulations which are applicable to crises situations such as this. Nonetheless, there will be a lot of value in an evaluation of the degree to which violations of the right to a private live have been justifiable, and whether tougher or clearer rules are necessary.

Libraries and GDPR, looking ahead

This points us to the question of what these developments can mean for libraries. With the demand for digital library offerings and services surging during COVID, it is particularly important to keep in mind the need to at all times ensure the privacy and security of user data that such activities generate.

GDPR highlights the importance of “privacy by design”, meaning that privacy and security measures are taken into consideration and embedded into the design of new data processing operations from the outset. Similarly, data controllers need to ensure the privacy and security of users’ data when making use of any new third-party platforms or services.

If you are introducing new digital services or processes to your library, it’s crucial to consider whether these might entail collecting any new personal data, or processing it differently. On what grounds would the new data be processed? Are third party suppliers also respecting privacy?

We are yet to see the long-term impact of the pandemic on library services – including the question of whether this large-scale shift to digital will be sustained. In the meantime, it is crucial for libraries to continue putting privacy and security first in any new services or offerings, and keep an eye on any possible future legislation in the field of data regulation!

World Information Society Day: The Case for Public Access in Libraries Beyond 2020

During the 2003 and 2005 sessions of the UN-based World Summit on the Information Society, representatives from 175 countries charted a roadmap towards a digital society which would be open and accessible to all. A series of documents – the Geneva Plan of Action, WSIS Action Lines, the Tunis Commitment and Agenda – lay out the agreements and measures to overcome the digital divide between and within countries.

One of the key WSIS targets was connecting all public libraries with ICTs: as repositories of crucial information, public internet access points and learning hubs, libraries were among the actors that could help build the information society WSIS envisioned. This year marks the WSIS+15 milestone: an opportunity to take stock and reflect on what public access in libraries means today.

Over the years, public libraries have brought many new users online – with millions having accessed the internet for the very first time in a library. However, public access can sometimes be seen as a stepping stone towards individual use and subscription/device ownership – a transitional measure on the way to a more universally available home access.

But is that the case? What value can public access solutions offer as a complement to individual home or mobile access, rather than a temporary substitute? What shapes could they take in a post-COVID world, as we work to overcome the persistent digital divides?

Digital skills learning opportunities

For libraries and similar facilities, an important part of the public internet offer has long been the digital skills learning opportunities and on-site support for their users. A lack of digital skills can prevent people from going online even if access is available.

But the need for ICT skills goes beyond the connected/unconnected binary: once a person becomes an internet user (which could, of course, entail getting an individual subscription and device), their digital skills continue to impact both how they make use of connectivity and what outcomes they can achieve.

A safety net

Even when home and individual access is prioritised, public access facilities can be highly valuable – and valued – when such access is temporarily unavailable (on an individual level – e.g. among people experiencing homelessness; or community level – e.g. anchor institutions offering internet connectivity and electricity during emergency or disaster situations).

It is also worth considering whether, as some of the societal adaptations from analog to digital may be here to stay; and a UN/DESA brief points out that governments and economies may want to speed up the adoption of digital innovations to boost future resilience. This could mean that the cost of staying offline – as more and more public and economic activities go digital – may continue to rise, and so the need for alternatives to assuming private access grows.

The complement: keeping the costs down

Globally, mobile-only internet use is on the rise, and new subscriptions for mobile broadband are growing at a significantly faster rate than fixed broadband. While mobile broadband subscriptions and access devices may be comparatively more affordable, many mobile broadband users remain cost-conscious and limit their data use to keep the costs down. As a 2019 Alliance for Affordable Internet report points out, in such cases users can combine public and individual internet access, relying on the former for most of the data-intensive tasks.

And of course, while at the moment some Internet Service Providers are lifting data caps or postponing price raises, once these temporary measures are lifted public internet access can offer a free/low-cost alternative in case future price raises make individual access less affordable – especially in light of potential poverty and unemployment rises – as well as providing a back-stop that prevents private providers from over-charging.

A robust individual network

There may also be benefits to having the opportunity to access the Internet from several locations. Reisdorf et al (2020), for example, suggest that a broader range of internet access modes (home, mobile, library, work, etc) may be able to support a broader range of online activities, because different types of access more easily lend themselves to different tasks and activities. Fernandez et al (2019) also mention that breadth of internet access points could be particularly important for vulnerable communities, where a single point may become restricted or temporarily unavailable.

The COVID pandemic also pushes us to further consider our online privacy and data security, and what could be the role of public internet access in a post-COVID world – especially in libraries, places dedicated to upholding the privacy of their users. It could offer a connection and workstation that can help separate your data from pervasive advertisement tracking, profiling and data collection – and learning opportunities on how to protect your security and privacy online.

Helping deliver end-user connections

Finally, some libraries have been able to use their connectivity to deliver internet access to patrons’ homes or other in-demand locations, bringing their experience closer to that of individual connectivity. From offering Wi-Fi through bookmobiles (or even parking bookmobiles in areas with known connectivity issues), to mobile hotspot loans, to using TV WhiteSpace to set up remote hotspots for their communities.

 

These are just a few ways that public access in libraries can complement and add to private and individual subscriptions. Over the last few weeks, the challenges of the digital divide have been amplified manifold by the ongoing pandemic as work, study and socialising all moved online – and many who lack reliable home access have been further isolated. We have seen examples of libraries working to adapt and continue offering internet access whenever possible: for example, through WiFi in their parking lots, or even by offering access to library workstations with a strict safety protocol.

The social distancing measures in some areas begin to gradually soften, but we still don’t know how and for how long it will continue to affect the world. However, the pandemic has already shown us in no uncertain terms the full urgency to overcome the digital divides as soon as possible. All tools need to be mobilised to help bring the remaining billions online – and public internet access is part of a comprehensive approach to ensure inclusion.

World Press Freedom Day: Libraries Supporting Intellectual Freedom during the Pandemic and Beyond

May 3rd marks the annual World Press Freedom Day, and this year’s dedicated campaign launched by UNESCO focuses on the theme “journalism without fear or favour”. This day puts the spotlight on challenges to press freedom and independence, safety of journalists, and gender equality in media. For libraries, these issues are of course deeply connected to their core mission and values of access to information and intellectual freedom.

Where does news media stand in 2020?

On World Press Freedom Day 2020, journalism and news media are facing new and remerging challenges, even as the COVID-19 pandemic continues. A recent statement by the Council of Europe, for example, highlights that some legislative initiatives against disinformation can have significant and disproportionate impacts on press freedom and people’s right to receive information. The International Press Institute points out the different challenges that have emerged or intensified: from increasing restrictions on ‘fake’ news, to limits on journalists’ access to information, financial or accreditation challenges, and more.

On a larger scale, the newly released 2020 World Press Freedom Index by Reporters Without Borders (RWB) highlights the key pressures that impact the future of free, independent and diverse journalism. These include: geopolitical and economic crises, the evolution of digital informational ecosystems where journalism and advertising, political, economic and editorial materials coexist and compete, and hostility and mistrust towards journalists.

The good news is that the overall global indicator does register a small overall improvement of press freedom in the world since last year. That being said, the RWB report emphasises that the coming decade will have a profound impact on the future of freedom of information and media.

What is the role of libraries?

Naturally, there is a significant degree of affinity between journalistic and library values – as a 2019 Nieman Foundation Report points out, both fundamentally work to inform and empower communities. This can work as a powerful starting point for collaboration – so can libraries help address some of the key challenges the RWB report outlined?

The economic crisis: hybrid models and partnerships

One of the big impacts of the economic crisis in news media is arguably the financial sustainability challenges that local news faces. One possible solution to this challenge that is being discussed over the last few years is providing support to local newsrooms, for example by providing space in such public facilities as libraries or post offices – or even libraries delivering local news directly.

While this is still an emerging idea, libraries and local news organisations continue to explore ways to cooperate. Some collaborations are a continuous arrangement – like a grassroots local online news organisation NOWCastSA housed inside the San Antonio’s Central Library in the United States. As a Nieman report points out, this partnership also allowed them to team up and carry out joint events, and to highlight some of the library’s programming in NOWCastSA’s reporting.

Some initiatives have even evolved to adapt to the difficult COVID situation. For example, in New York, an independent news outlet THE CITY launched a joint project with the Brooklyn Public Library called “The Open Newsroom”. Already in 2019, they had started hosted public meetings in library branches to identify key neighbourhood concerns and see how the local news can be more collaborative and better serve the needs of the community. Now, in the face of the pandemic, the plans for a second round of meetings have been adjusted, and the public meetings will be organised filly online, allowing the project to continue!

Tackling the crisis of trust and technology

If a lack of trust and confidence in news and media – especially in the hyper-dense online environment – is one of the pressing challenges to journalism, media literacy can definitely be an important part of the solution.

A draft Council of Europe study on “Supporting Quality Journalism through Media and Information Literacy” identified five main models of MIL activities; and libraries and community media play a key role in the “training model”. Reports drawing on Swedish and Finnish approaches to MIL, for example, also show how libraries can be actively engaged in delivering MIL training to their communities.

Partnerships in the area are also common: for example, NewsGuard – a company developing “nutritional labels” for popular news sites to mark how correct the information is – has a partnership program for libraries in Europe and the US.

Advocacy: together for Intellectual Freedom

Naturally, libraries and library institutions are often actively engaged in promoting and standing up for Intellectual Freedom. The Canadian Federation of Library Association, the Canadian Urban Libraries Council, and several library associations, for example, recently celebrated the Freedom to Read week, a campaign focusing on promoting freedom of expression, freedom to read and report the news. Such library initiatives clearly show the significant overlap between libraries’ Intellectual Freedom values and the freedom of press.

Drawing on library expertise – news media digitisation and preservation

Even though perhaps less relevant for current day-to-day journalism but rather for historic records, libraries can also help preserve the news that has been published. News archiving and preservation in the digital age can be a challenge: a recent Columbia Journalism Review report, for instance, points out that many news agencies they had interviewed don’t see the value in preserving their output, or do not have established preservation policies and practices.

This is also a prospective area for collaboration. The University of Missouri Donald W. Reynolds Journalism Institute and University Libraries, for example, have received a grant for a joint project to explore ways to preserve today’s digital news. They plan to set up visits with US and European news agencies to see how their policies, equipment and operations impact their preservation processes.

Another example is a web archive launched by several Ivy Plus Libraries Confederation librarians, aimed at preserving some specific areas of at-risk online news web content. These are a few examples of how libraries can help make sure the valuable work of journalists is preserved.

Similarly, libraries have been clear in underlining that applications of the principle of the ‘Right to be Forgotten’ should respect press freedom. In a recent joint statement with the International Council on Archives, IFLA stressed also that broader privacy legislation should not lead to the deletion of news articles in collections, and so their non-availability for future generations.

All these and other areas show the connection between libraries and journalism – and their shared values. World Press Freedom Day is the opportunity for us to celebrate intellectual freedom, freedom of expression and access to information – and see what can be done to uphold these.