Being negligent and liable: a challenge for information professionals

Published date01 August 2000
Date01 August 2000
Pages316-329
DOIhttps://doi.org/10.1108/01435120010327623
AuthorStuart Hannabuss
Subject MatterLibrary & information science
Being negligent and
liable: a challenge for
information
professionals
Stuart Hannabuss
Introduction
The paradox about information is that, while
it seems to be everywhere, it nonetheless gives
leverage to people who have it, over those that
do not. If information and knowledge give this
edge, and people know that it does, it follows
that people are going to look for it, try to be
first in getting it, and, where and if they have
to, pay for it. This favours people who can
and choose to pay and reinforces the trend
towards commodifying information. This
trend goes side by side with an increasing
privatisation and commercialisation of
information, fee rather than free, and a
convergence of interests and practice between
traditionally public information sources and
commercial ones.
Among the many consequences of this, if
we accept the argument as true, is the growing
importance and recognition of the
``saleability'' and ``merchantability'' of
information as a product. Another
consequence takes the form of higher
customer expectations of the duty of care
shown by professionals in the service. Product
and service are in fact seen to be one entity
here, and both, together, are increasingly
being evaluated by their ability to deliver ±
cost-effectively, relevantly, quickly,
appropriately, and ideally in value-added and
customised forms. Information, and above all
knowledge (that more coherently organised,
packaged, mediated form of information,
cutting time in client decision-making, adding
value by providing structure and advice),
while being a product with an infinite number
of externalities (i.e. if I know it and tell you, I
still know it; if we know it and use it, clients
benefit but so may many others from spill-
over effects), is increasingly recognised as a
private good (which, say, I might have
through purchase, like a car, and which is
mine and not yours, unless I choose to lend it
to you).
It follows from this that information/
knowledge products and services are
increasingly products and services subject to
similar or the same conditions and criteria of
sale/purchase and exchange as are traditional
private goods like cars, houses, and holidays.
Transactions where these are purchased are
subject to legal conditions such as those
associated with the contract in sale of goods,
product liability, and professional negligence.
Legally, these take us firmly into the area of
The author
Stuart Hannabuss lectures in management at the School
of Information and Media, Robert Gordon University,
Aberdeen.
Keywords
Librarians, Information services, Professionals,
Legal matters, Values, Ethics
Abstract
In recent years, increasing attention appears to have been
paid by information professionals to issues of professional
negligence and liability. Key legal issues are discussed,
and negligence and liability is examined in the electronic
domain. It is suggested that the commercialisation of the
information marketplace and growing awareness of
negligence and liability issues are encouraging
information professionals to look to a mixture of law,
ethics, and self-interest for personal and professional
effectiveness and security.
Electronic access
The research register for this journal is available at
http://www.mcbup.com/research_registers/lm.asp
The current issue and full text archive of this journal is
available at
http://www.emerald-library.com
316
Library Management
Volume 21 .Number 6 .2000 .pp. 316±329
#MCB University Press .ISSN 0143-5124

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