Privacy from Mom and Dad?
Tag(s): Convention on the Rights of the Child • international • privacy • violations
Controversy Across the Globe over a Child’s “Right to Privacy”
A bill in the Wisconsin legislature raised quite a controversy in 2003, sparking a debate over “privacy rights” and parental involvement. The measure would let parents know what books, CDs, and video tapes checked out of public libraries from their children under the age of 16.
Opponents claimed that the measure will harm children by jeopardizing their right to privacy. “It’s a major invasion of the right of privacy of children,” says Rep. Marlin Schneider, an opponent of the bill. “Children need to understand their rights are protected, and if government won’t protect their rights nobody will.”
But state Representative Sheryl Albers explained that the bill is about the ability of parents to be informed about what is going on in the lives of their children. Senator Joseph Leibham, the legislation’s Senate sponsor, agreeed, saying that “this bill provides parents the opportunity to be informed and involved in the lives of their teenage children.”
AN EXPANDING “RIGHT TO PRIVACY”?
The Wisconsin legislature passed the bill in 2003, but the controversy remains. With few exceptions, libraries in the United States are currently prohibited from disclosing any records that indicate the identity of individuals who borrow library materials or use library services: even if the individual is a young child and the inquirer is a parent.
The idea of a child’s right to privacy – even privacy from parents – is not a new concept. The Code of Ethics of the American Library Association, for example, explains that the ALA “resist all efforts to censor library resources,” and will “protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.” In 2006, the ALA made it clear that children are equally-entitled to protection under the Code of Ethics.
Abroad, the concept of a child’s “right to privacy” continues to expand. Article 16 of the UN Convention on the Rights of the Child states that “no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.” This strong language makes little allowance for the role of adults who are unavoidably involved in a child’s private world – namely, the child’s parents.
HEARTBREAK IN NEW ZEALAND
One need look no further than New Zealand, which ratified the CRC in May of 1993, to see the dramatic and heart-breaking impact that a child’s purported “right to privacy” can have on a family. A New Zealand family has been searching for their sixteen year old daughter since she ran away from home on November 6. They have since learned that their daughter is alive, but that the police are “protecting her whereabouts” and will not tell the family where she is – citing the girl’s right to privacy. Because the police will not reveal their daughter’s whereabouts, her parents have been left with unanswered questions about why their daughter fled, and if she will ever return.
“It is a disgrace that the role of parents and the right of parents to know where their children are is being undermined by privacy legislation and the so-called rights of children,” says Bob McCoskrie, National Director of Family First NZ. “If the government wants parents to be responsible parents, the law must firstly respect their authority and role.”
PROTECTING OUR CHILDREN
Thankfully, it is not too late for the United States to avoid the example of New Zealand. If parents are to make the best decisions for their children, they must also have access to the information needed to make those decisions. Parents simply cannot protect their children or be the “anti-drug” if their every effort to help violates their child’s “right to privacy.”
Please join with us in the battle to protect parental rights.
This post is inaccurate and misleading. First, the story took place in Wisconsin, not Minnesota. Second, there is no current controversy in Wisconsin. This story is based on discussion that took place in 2003. The legislation did pass several years ago, and since then Wisconsin parents have had the ability know what library materials their children have borrowed. Third, the Wisconsin law is not a “rare exception,” as many states have statutory provisions for parents to access the library records of their children. This post appears to me to be an attempt to create controversy, using very old information, where none exists.
Dec 10 at 12:44 pm
Richard,
Thank you for your correction. Your statements about the 2003 Wisconsin bill are accurate, and are accurate, and we have updated our story to reflect these changes. We apologize, and appreciate the time that you took to bring this matter to our attention.
At the same time, the dangers to parental rights by the policies of many public libraries are as pertinent today as they were when this debate began in 2003. Despite the passage of the Wisconsin law, many states still do not provide parents with a way to monitor their child’s library usage, whether books, movies, or internet time.
Furthermore, the American Library Association’s official policies and statements consistently urge public libraries to ” respect the rights of children and youth by adhering to the tenets expressed in the Confidentiality of Library Records Interpretation of the Library Bill of Rights and the ALA Code of Ethics,” which includes the right to confidentiality of records from all other persons. This restrictive view of parental responsibility falls right in line with the growing international consensus, evidenced in New Zealand and elsewhere, that children have a right to be free from all inquiry, including the watchful eyes of their parents. As long as this remains the dominant position on this issue, parental rights to direct the upbringing of their children will continue to be inhibited.
Thank you once again for bringing this matter to our attention. Our goal at ParentalRights.org is to provide accurate and pertinent information, so that Americans can remain vigilant in the preservation of their parental rights.
Thank you again,
ParentalRights.org
Dec 10 at 5:57 pm
I am from Colo. and I have a 6yr. old a 11yr. old and a 13yr. old. About a year ago my wife inquired info. on a book my 11 yr. old had checked out and nowhere to be found in our house. The librarian said she could not (would not) tell me any info. about such item because of the right of privacy. To make a long story short, I e-mailed one of our senators and asked about the privacy act. He said in his opinion it is sad that parents don’t have the right to raise up children responsibly because of laws such as this. This was straight from one of our senators. I was surprised and glad he saw it from my perspective. So yes this law exists in Colo. sad to say.
Jan 18 at 11:47 pm