Privacy in Libraries: The Perspective From India
Privacy in Libraries: The Perspective From India
www.emeraldinsight.com/0024-2535.htm
1. Introduction
The nature and behavior of users has been a matter of inquisitiveness for library and
information professionals for a long time. Concealing the title of borrowed books or
covering up computer monitor from other fellow users and the library staff are some of
the very common instances of peculiar user activities. The possibility of having a
concern with their ‘‘privacy’’ by a user cannot be ignored.
The term ‘‘privacy’’ is spanned to an Individuals right to decide the circumstances and
the extent to which one wishes to share information about themselves with others. Shils
(1966) defines it as a ‘‘ ‘zero relationship’ between two or more persons in the sense that
there is no interaction or communication between them if they so choose.’’ The concepts
are equally applicable for an individual in the private domain as well as a constitutional
right against the state. In other words, to what extent a person or a government authority
has the right to know and have a control on other individuals/private citizens. The focus
of the following discussion is how much a library professional is responsible for
maintaining the confidentiality of the users and is it ethics or law that should supercede?
Library Review
Vol. 59 No. 8, 2010
2. About privacy pp. 615-623
Article 12 of Universal Declaration of Human Rights (General Assembly resolution 217 # Emerald Group Publishing Limited
0024-2535
A (III) 1948), created a benchmark for a modern privacy act which has subsequently DOI 10.1108/00242531011073146
LR been followed by the International Covenant on Civil and Political Rights (ICCPR), the
59,8 UN Convention on Migrant Workers and the UN Convention on Protection of the Child.
Article 12 states that:
No-one should be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks on his honor or reputation. Everyone has the right to the
protection of the law against such interferences or attacks.
616 Article 8 of The European Convention on Human Rights (1950) states that:
Everyone has the right to respect for his private and family life, his home and his
correspondence. There shall be no interference by a public authority with the exercise of this
right except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the protection
of the rights and freedoms of others.
Defining the elements of privacy, Sturges (2002) has outlined solitude, anonymity,
bodily modesty, psychological integrity and confidentiality (in terms of shared
information) as important components of privacy.
There is a Canadian Standards Association’s model code which comprehensively
elaborates the guidelines to be followed while formulating the privacy policy for any
organization. The code has been detailed in the later part of this paper. The elements
and the guidelines are very much significant and helpful in increasing the use of
resources in organizations like libraries.
In a report by Laurant (2003) on privacy and human rights, Privacy International
stated that ‘‘Of all the human rights in the international catalogue, privacy is perhaps
the most difficult to define and circumscribe.’’ But they also emphasize that though the
issue lacks a single definition it does not imply that the issue becomes unimportant.
They further state ‘‘in one sense, all human rights are aspects of the right to privacy.’’
Most countries in world recognize the right to privacy explicitly (example: South Africa
and Hungary) or implicitly (USA, India and Ireland). But no country has a ‘‘right to
privacy’’ as specific constitutional right for their citizens. In countries like USA and India,
court laws have slowly set the way for right to privacy. Many countries do not explicitly
recognize the right but have adopted different international agreements on human rights
in their policies to pave a way for a right to privacy.
As per Privacilla.org (2006), a unique web-based project that seeks to capture
‘‘privacy’’ as a public policy issue, ‘‘privacy is a personal and subjective condition. One
person cannot decide for another what his or her sense of privacy should be.’’ They
further state that lacking privacy at one point would be helpful for an individual to be
more socially responsible, but that does not mean one should lose control over the
information they want to keep private. Thus, generalizing privacy is not easy.
In one of its jurisdictions, the Supreme Court of India (People’s Union for Civil
Liberties vs Union of India (1997), 1 SCC 301) has also recognized the complexity to
outline a said rule for Right to Privacy (Agrawal, 2004). They state ‘‘The Right to Privacy
by itself has not been identified under the Constitution. As a concept it may be too wide
and moralistic to define it judicially. Whether a right to privacy can be claimed or has
been infringed in a given case would depend on the facts of the said case.’’ The statement
is also authenticated by McMenemy et al. (2007) in their study on worldwide ethical
practices and concludes that ethical practices are subjective and situational. What stands
correct in one situation may not be correct in a different environment.
Thus, privacy can be defined as an individual’s freedom to decide to what extent Privacy
he/she likes to share their intellectual, social and cultural life with others, or in other
words to what extent others can invade into his/her private life.
in libraries
3. Privacy in India
In India, right to privacy has been an implicit fundamental right. However, several
court decisions have set the way to explicitly recognize it as an inherent property of
Article 21 of the Constitution which states that ‘‘No person shall be deprived of his life
617
or personal liberty except according to procedure established by the law.’’
India is a signatory member of the International Covenant on Civil and Political
Rights (2008) the Article 17 (General Assembly resolution 2200A (XXI), 1966) of which
recognizes the right as:
1. No one shall be subject to arbitrary or unlawful interference with his privacy, family, home
or correspondence, nor to lawful attacks on his honor and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
India has also given its consent to the ‘‘International Covenant on Economic, Social,
and Cultural Rights (1966)’’ on March 27, 1979.
Unfortunately, the right to privacy is not one of the ‘‘reasonable restrictions’’ to the
right to freedom of speech and expression under Article 19(1) (a) (Madhavi, 2002).
Article 19 reads as follows:
(1) All citizens shall have the right –
(a) to freedom of speech and expression.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law or
prevent the State from making any law, insofar as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub-clause in the interests of
the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality or in relation to contempt of court,
defamation or incitement to an offence.
Thus, it is difficult to underline the extent to which India adheres to the two International
covenants.
In India privacy law has evolved largely as verdict on part of their judiciary system.
In a case of surveillance (Kharak Singh vs State of Uttar Pradesh (1964) 1 SCR 332), the
Supreme Court of India had first time recognized privacy as an implicit component of
Article 21 of the Constitution. But the majority was unreceptive to the idea of recognizing
a right to privacy and dismissed the claim on the ground that there could be no
fundamental right to protect ‘‘mere personal sensitiveness.’’ Their view was based on the
conclusion that the infringement of a fundamental right must be both direct as well as
tangible and that the freedom guaranteed under Article 19(1) (a) was not infringed by a
watch being kept over the movements of a suspect. Thus, right to privacy was confined
only to restrict domiciliary visits. But in case of Gobind vs State of Madhya Pradesh, also
a case of surveillance, the Supreme Court, authorized the domiciliary visits as one of the
measures of surveillance if it has got the basis of compelling and wider public interest. In
another judgment (Khushwant Singh vs Maneka Gandhi), a two-judge bench stated that
the use of right to privacy is restricted only against the state action and not against
private entities (Madhavi, 2002). The Supreme Court of India, in one of its cases related to
medical ethics (Vora, 2007), had stated:
LR It is the basic principle of Jurisprudence that every Right has a co-relative Duty and every
Duty has a co-relative Right. But the rule is not absolute. It is subject to certain exceptions in
59,8 the sense that a person may have a Right but there may not be a co-relative duty. The instant
case, as we shall presently see, falls within the exceptions. The Court further stated that
circumstances in which the public interest would override the duty of confidentiality could,
for example, be the investigation and prosecution of serious crime or where there is an
immediate or future (but not a past and remote) health risk to others.
618 The court decisions have reflected changing facets in their decisions on the right to
privacy. Moreover, in a survey conducted on awareness of privacy reflected that in
India, people have more tendency to trust government and business and they are quite
liberal in sharing their information in public (Kumaraguru and Cranor, 2005). Also,
76 percent (approx.) of the surveyed people had shown low to high concerns on
personal privacy whereas 80 percent (approx.) showed low to high concerns about
privacy on the Internet. It also suggests that advances in information technology have
made the general population more aware of privacy issues. Though, the proportion of
people having concerns towards privacy is not as high as compared to the countries of
western world, it is good enough to give a serious thought on this issue.
6. Conclusion
Librarians have demonstrated a long-standing commitment to patron confidentiality.
With advances in the electronic environment, confidentiality is now a matter of concern
for the wider field of information management. When the users are targeted under the
disguise of government policies, it contradicts the very idea of living in a democracy.
People cannot be characterized on the basis of what they choose to read. It seems too
irrational to put a person’s reputation on stake just because he/she likes to read. If the
users will fear to read, their thoughts would remain prejudiced. It would be difficult for
them to see or judge the other side of the coin.
Library professionals are carrying out their ethical responsibility towards library users
by keeping their information private. There is a need to develop this understanding that
the non-profit organizations like libraries have social causes to support their activities.
Also, library policies should reflect that libraries may be in support to government policies
but not at the cost of trust of their users. Trust is something which is very difficult to
define and it is inherent for the existence of any profession. Where and on what basis
library professionals will be making a stand among other professionals?
India has a long history of tolerance and humanity. Also, the general awareness
among people regarding their right to privacy and confidentiality is very low in
LR comparison to countries like UK and USA. Discussions and debates about privacy are
59,8 not new but due to the cultural environment it was not talked about in India to any
great extent. The social and technological changes in the country as well as interaction
with different parts of the world have brought awareness regarding privacy in India. It
has affected Indian society to a great extent and hence the profession of librarianship.
Indian librarianship still lacks leadership and a strong representation from their
622 professional organizations. The library community in India needs to strengthen its
professional movement by streamlining their objectives and activities so that library
professionals can also have a say in government policies.
Nothing could be a better concluding remark for the discussion than to extend the
Five laws of library science and introduce ‘‘Protect the concerns of library user’’ as one
of the guiding principle for library professionals.
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ifla67/papers/145-083e.pdf (accessed 5 April 2008).
Magi, T.J. (2007), ‘‘The gap between theory and practice: a study of prevalence and strength of
patron confidentiality policies in public and academic libraries’’, Library and Information
Science Research, Vol. 29, pp. 455-70.
Ranganathan, S.R. (1989), Reference Service, 2nd ed., SRELS, New Delhi (Reprint, 129 pp.).
Ranganathan, S.R. (1990), Indian Library Manifesto, ABC Publishing House, New Delhi.
Ranganathan, S.R. (2006), The Five Laws of Library Science, Ess Ess Publications, New Delhi
(Reprint), p. 482.
Corresponding author
Sneha Tripathi can be contacted at: sneha.tripathi@gmail.com