Is live audio streaming legally permitted at the public library?

Question

I understand that each library has its own rules, though because the technology is relatively new, I don't know if this is on library administration's and policy maker's radar.

I understand that public libraries work very hard to maintain patron privacy, and thus some (many? all?) prohibit video recording/photography. Is streaming or broadcasting a feed considered recording, if the contents are not stored anywhere?

For a bit of context: I've created a prototype of a sound map for a physical space, to give its visitors the ability to find a space or zone they seek in terms of sound. It requires a network of clearly visible microphones to stream the sound of the rooms/zones to the interface side, where people interact with it. No recording happens at any point.

I'd like to propose this to a public library. Would a system like this violate privacy laws?

Answer 1

Whether this setup would be illegal would depend on how a given judge decided to read "expectations of privacy," I suspect. In a library, expectations of privacy are traditionally rather high compared to other public spaces.

Such an installation is fairly clearly against standard library ethical codes. Per the ALA Code of Ethics:

III. We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

(Librarians and fellow patrons are also information resources; when a given patron consults either, they are entitled to be as private about it as the physical space allows.)

V. We treat co-workers and other colleagues with respect, fairness, and good faith, and advocate conditions of employment that safeguard the rights and welfare of all employees of our institutions.

Speaking as a librarian, I wouldn't particularly care to have a microphone trained on me at all times.

VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.

Your MFA project is as best I can tell exactly this sort of private interest.

To my mind, your project potentially threatens all three of the above tenets. I respect your aim, but cannot endorse it, whatever its nominal legality.

Answer 2

It is true that librarians have a professional code that protects the information-seeking habits of their patrons. Typically this means not disclosing borrowing records and database searching patterns. I don't know if this extends to a more general policy of limiting patrons' own abiliy to take pictures or audio/video recordings; it is possible, it just isn't a trend that I've encountered.

It isn't clear from your project description, but are you playing back for the user of your system an unaltered audio stream from one or more microphones in a room or area? Such that it is possible to listen in on conversations? Or is your system scrambling the sound to the point where the listener gets a general idea of the sound level and tone of a space?

While there may not be anything in the librarian professional ethos that specifically addresses your proposed project, if it is the former I don't think the library is the appropriate place for the installation of your system. Most library patrons, like people in most public spaces, have some expectation of privacy. What you describe is certainly technically possible (as you have demonstrated), but the moral aspects of your installation in a general public space are troubling.

Answer 3

I believe that dsalo nailed it, but I would tend to be more comfortable with this in a library-setting (me = academic librarian, technology type) if there were some type of guarantee that said sounds were not being recorded or "streamed" in such a way that they were listenable by humans. If the mics are being used as a sound meter rather than as a recording device, you would be more in the realm of something libraries could use. Given the description of the project, it seems like that might be a possible way to move forward.

Answer 4

There are two aspects to your question. Firstly, are you legally able to stream the audio? Without knowing specifics, the answer is probably yes; as the audio content you are streaming is not the property of another entity or person. Or if so, would be done with their knowledge and/or permission.

Secondly, are there privacy issues? If a person is recorded, whether speaking or making sounds, with the knowledge that this is being streamed, then no. However if these sounds are streamed without knowledge, then that would be breaching an individual's privacy.

You would have to look at the localised library policies to see if there were any other infringements also.