Digital Content Takedown Request Procedure for University of Illinois Library - General Information

Digital Content Takedown Request Procedure for University of Illinois Library

 

Background/Disclaimer

 

The University of Illinois Library makes digital versions of materials available; for example, when they are in the public domain, the copyrights were transferred to the University of Illinois Library, donors provided permission to make materials openly available online, materials are made available for education and research purposes as legal fair use, or there are no known restrictions on use.

 

Responsibility for determining the rights status of material(s) and securing any necessary permissions to publish or use the material(s) outside of systems provided by the University Library ultimately rests with those persons wishing to use the material(s).

 

Takedown Procedure

 

The University of Illinois Library is committed to maintaining an accurate and authentic scholarly and historical record. Thus, requests to correct errors or inaccuracies in original material(s) or to redact such material(s) maintained by the Library generally will not be honored, except in cases where the exposure of information poses intellectual property concerns (e.g., copyright infringement), significant risks to high risk data[1] (e.g., Social Security numbers, personal health Information including HIPAA information, credit card and banking information, driver’s license numbers), significant risks to sensitive data1 (e.g., FERPA protected educational records and information covered by a non-disclosure agreement), or documented evidence of a clear and imminent threat to personal safety (e.g., a current order of protection).

 

Digitized materials made available by the University of Illinois are disseminated to provide access to information for private study, scholarship, or research. Collections may include digital copies of materials where copyright ownership is unclear, undocumented, or not owned by the University. In addition, high risk information and sensitive information as described above may inadvertently be included in these digital materials. In such cases, living individuals whose high risk or sensitive personal information is exposed or those who believe their intellectual property is being infringed (or who are acting on behalf of an intellectual property owner or a minor child or an incapacitated parent, spouse, domestic partner, or adult child) may submit a takedown request.

 

Note that for intellectual property, high risk information, sensitive information, and personal safety takedown requests involving Library materials, Privacy and Information Security will consult with the Library and may consult with the Office of University Counsel and others to make determinations about appropriate actions. As part of the review process, Privacy and Information Security may request additional information from the requestor.

 

Making a Takedown Request

 

Parties who have questions or who wish to contest the use of specific works may contact Privacy and Information Security at security@illinois.edu. When making a takedown request, the communication notice should include:

 

  1. Your full name and contact information (g., address, phone number, email address).
  2. A statement as to whether you are making this request for yourself or on behalf of another. If on behalf of another, please describe that other and your relationship with that other. For example, you might be acting on behalf of a minor child or an incapacitated parent, spouse, domestic partner, or adult child. Or you might be acting as an agent for the owner of intellectual property.
  3. Identifying information concerning the material for which you are submitting the takedown request. Providing URLs in your communication is the best way to help us locate content quickly.
  4. A detailed justification for the request including the basis for the request and any supporting documentation.
  5. If contacting us about unauthorized use or copyright infringement, please also include in your communication notice to us:
    1. A statement that you have a good faith belief that use of the information you identified in 3 above is not authorized by the copyright owner, its agent or the law.
    2. A statement that the information you provide in this communication notice is accurate and that you are authorized to act as the owner or on behalf of the owner of the exclusive right that is allegedly being infringed.

 

Takedown Review Process

 

Upon receiving a takedown request, Privacy and Information Security will contact DEANS-OFFICE@library.illinois.edu, who may contact members of the Library Takedown Policy working group. When relevant, the curator of the material(s) in question may be contacted to review the request, and additional parties may be consulted, if necessary. Online materials will be taken down and made inaccessible to the public if:

 

  1. Privacy and Information Security in consultation with University Library staff, as described above, determines that the online publication of the material(s) poses a significant risk of a violation of intellectual property rights; or
  2. Privacy and Information Security in consultation with University Library staff, as described above, determines that the online publication of the material(s) poses significant risks to high risk information (e.g., exposed Social Security Numbers or HIPAA information), significant risks to sensitive information (e.g., unauthorized disclosure of FERPA protected information), or documented evidence of a clear and imminent threat to personal safety.

 

After making a determination, Privacy and Information Security will work with the Library to remove the material(s) from its systems, restrict access to the material(s) in question, or continue to provide public access to the material(s). Please note that removing public access to the material(s) in question may result in the Library ceasing to provide long-term preservation resources to the digitized content.

 

Effective:  4/1/2019

Approved:  Chief Privacy and Security Officer

Last revised: 4/1/2019

[1] See the University of Illinois Data Classification Policy at https://cybersecurity.uillinois.edu/data_classification for more information regarding high risk data and sensitive data.