10 Association of Research Libraries Research Library Issues 297 2019 It’s also worth noting that there are really two layers of attack on privacy on these external platforms. Not only can the platform operators collect data themselves, but they also sell advertising in most cases, which means that they are also contributing participants in the gigantic internet surveillance apparatus for monetizing users, in much the same way as online newspapers (which also use a mixed advertising and subscription model). For licensed resources, language in contracts can address all of these issues: limit or forbid data collection, retention, reuse, and redistribution include criteria about how that data is protected, both legally and technically forbid third-party advertising. However, some limited surveying suggests that, as of at least two years ago, contract language dealing with these points was relatively rare. It is also unclear how resistant content providers are to such language. An examination of the posted privacy policies of some of the major content providers does not inspire confidence in the absence of specific overriding contractual stipulations. It would be very useful to have some more current data about research library contractual practices in this area, and perhaps also to have model language available. In situations where vendors will not accept contract language regarding reader privacy, institutions will need to make choices about what minimal levels of privacy assurance are acceptable before they walk away. For resources that the library does not license (but that their patrons may rely on for various purposes), there’s not much that the library can do other than help their users to understand terms and conditions, privacy policies, and risks. But doing this is an important part of improving digital and information literacy. In situations where vendors will not accept contract language regarding reader privacy, institutions will need to make choices about what minimal levels of privacy assurance are acceptable before they walk away.
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