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Issues of Confidentiality and Public Interest: A Case Study from a Library Perspective

Isaiah Munyoro

Abstract


In 2004, Zimbabwe suffered a number of undocumented challenges, including the externalisation of billions of United States (US) dollars. This was associated with the buying of assets abroad with foreign currency acquired in Zimbabwe. A number of prominent public figures were implicated in these transactions, leading to investigations which did not spare libraries from revealing information about patrons. Libraries connected to institutions, such as the police, hospitals and parliament, have information that is of interest to researchers and, like any other library, also store patron records, which are considered to be of public interest. This article reports on a study that explored a court case where information was provided by the Parliament of Zimbabwe library. The study used a case study methodology and reviewed information in the literature relating to confidentiality and public interest issues, as well as the use of a decision-making model and documents to identify existing operating procedures, if any. The study pointed to the debatable issue of public interest and the need for clear laws on the confidentiality and privacy of patrons in Zimbabwe. It also highlighted the importance for Library and Information Science (LIS) practitioners to understand the legal issues relating to the confidentiality of patron records. Accordingly, clear guidelines are important for decision-making when such practitioners are faced with the need to provide patron records. A simple decision-making model is thus recommended to complement existing legislation. Although the story of the court case appeared in local papers in Zimbabwe, putting the case study in a research context provides a useful tool for LIS students and practitioners.


Keywords


political environment, library legislation, financial externalisation, confidentiality, public interest, decision making model, Zimbabwe

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References


ALA (American Library Association). 1983. “International Lending: Principles and Guidelines for Procedure.” Revised edition. whttp://www.ala.org (accessed April 1, 2017).

ALA (American Library Association). 2004a. “Code of Ethics of the American Library Association.” http://www.ala.org/ala/oif/statementspols/codeofethics/htm (accessed October 20, 2016).

ALA (American Library Association). 2004b. “Guidelines for Librarians on the USA Patriot Act: What to Do Before, During and After a ‘Knock at the Door’?” http://www.ala.org/advocacy/sites/ala.org.advocacy/files/.../theusapatriotact/patstep.pdf (accessed March 29, 2017).

Carter, M., and A. Bouris. 2006. Freedom of Information: Balancing the Public Interest. Second edition. London: The Constitution Unit.

Chmara, T. 2009. Privacy and Confidentiality Issues: A Guide to Libraries and Their Lawyers. Chicago: ALA.

Cooper, T. L. 1998. The Responsible Administrator: An Approach to Ethics for the Administrative Role. San Francisco: Jossey-Bass.

Drobnicki, J. A. 1992. “The Confidentiality of Library Users’ Records.” http://academicworks.cuny.edu/yc_pubs (accessed December 4, 2016).

ESAAM (Eastern and Southern Africa Anti-Money Laundering Group). 2007. “Mutual Evaluation/Detailed Assessment Report Anti-Money Laundering and Combating the Financing of Terrorism. Republic of Zimbabwe August 2007.” http://www.fatf-gafi.org/countries/s-t/southafrica/.../mutualevaluationofsouthafrica.html (accessed February 23, 2017).

Gono, G. 2006. “Forms of Foreign Currency Leakages in the Economy. Supplement to the First Half 2006 Monetary Policy Review Statement.” http://www.rbz.co.zw/assets/formsofforeigncurrency.pdf (accessed April 23, 2016).

Gulsecen, S., and A. Kubat. 2006. “Teaching ICT to Teacher Candidates Using PBL: A Qualitative and Quantitative Evaluation.” Educational Technology and Society 9 (2): 96–106.

Halpin, D. 2010. Groups, Representation and Democracy: Between Promise and Practice. Manchester: Manchester University Press.

ICAEW (Institute of Chartered Accountants in England and Wales). 2012. “Acting in the Public Interest: A Framework for Analysis Market Foundations Initiative.” https://www.icaew.com/-/media/corporate/files/ (accessed March 30, 2017).

IFA (International Federation of Accountants). 2012. “IFC Policy Position 5. Assessment of the Public Interest for Standard Setting.” www.ifac.org/ (accessed November 12, 2016).

IFLA (International Federation of Library Associations). 2012. “IFLA Code of Ethics for Librarians and Other Information Workers.” http://www.ifla.org/news/ifla-code-of-ethics-for-librarians-and-other-informationn-workers (accessed January 29, 2017).

IFLA (International Federation of Library Associations). 2015. “IFLA Statement on Privacy in the Library Environment.” https://www.ifla.org/files/.../ifla-statement-on-privacy-in-the-library-environment (accessed December 28, 2016).

Jalal-Karim, A. 2013. “Evaluating the Impact of Information Security on Enhancing the Business Decision-Making Process.” World Journal of Entrepreneurship, Management and Sustainable Development 9 (1): 55–64.

Johnson, M. P. 2006. “Decision Models for the Location of Community Corrections Centers.” Environment and Planning B-Planning and Design 33 (3): 393–412.

Kruger, F. 2004. Black, White and Grey: Ethics in South African Journalism. Cape Town: Double Storey.

Ladenson, A. 1970. “Library Legislation: Some General Consideration.” http://www.ideals.illinois.edu/bitstream/handle/2142/...librarytrendsv19 (accessed December 15, 2016).

Margerison, T. 1980. The Making of a Profession. London: ICAEW.

Mayson, S. W. 2011. Legal Services Regulation and the Public Interest. London: Legal Services Institute.

New Zealand Ombudsman. 2002. “Official Information Act Practice Guidelines.” www.ombudsman.parliament.nz/ckeditor_assets/attachments/73/8-3.pdf (accessed December 19, 2016).

Nooraie, M. 2008. “Decision Magnitude of Impact and Strategic Decision-Making Process Output: The Mediating Impact of Rationality of the Decision-Making Process.” Management Decision 46 (4): 640–655.

Norton, P. 2007. “Four Models of Political Representation: British MPs and the Use of ICTs.” Journal of Legislative Studies 13 (3): 354–369.

Nowak, M. 2002. Human Rights: A Handbook for Parliamentarians. Geneva: Inter-Parliamentary Union.

Ocholla, D. N. 2009. “Information Ethics Education in Africa: Where Do We Stand?” International Information and Library Review 41 (2): 79–88.

Radak, D. V. 1994. “Understanding Confidentiality.” JOM 4 (5): 68.

Rogers, W. A. 2006. “Pressures on Confidentiality.” Lancet 367 (9510): 553–554.

Ronning, H., and F. P. Kasoma. 2002. Media Ethics: An Introduction and Overview. Johannesburg: Juta, Nordic Journalism Centre.

Van Rooyen, J. 1995. “The Disclosure of Journalists’ Sources in South African Law.” South African Journal on Human Rights 11: 132.

Verboncu, I. 2011. “Managerial Methodologization and Its Impact on the Managerial Efficiency and Effectiveness.” Review of General Management 13(1): 31–39.

Welfel, E. R. 2010. Ethics in Counseling and Psychotherapy: Standards, Research and Emerging Issues. Fourth edition. Pacific Grove: Brooks.

World Legal Institute. 2014. “World Stateless.” Institute on Statelessness and Inclusion. December. www.institutesi.org/worldsstateless.pdf (accessed October 12, 2016).

Yin, R. K. 1994. Case Study Research: Design and Methods. Second edition. Thousand Oaks: Sage.

Yucht, A. H. 2001. “Guiding Principles.” Teacher Librarian 28 (5): 38–40.

Zimbabwe. 1996. Statutory Instrument 109/96 Exchange Control Regulations, 1996. Harare: Reserve Bank of Zimbabwe.

Zimbabwe. 2002. Access to Information and Protection of Privacy Act, 2002 (Chapter 10:27). Harare: Parliament of Zimbabwe.

Zimbabwe. 2013. Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (Section 57). Harare: Parliament of Zimbabwe.




DOI: https://doi.org/10.25159/0027-2639/2413

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