Patron Privacy in the Library Sara Benson, Copyright Librarian

Not Legal Advice I am providing legal information, not legal advice . . .

Our Good Friend the Constitution Patron privacy can be traced all the way back to the US Constitution: First Amendment Right to Free Speech Griswold v. Connecticut, 381 U.S. 479 (1965) (“not only the right to utter or to print, but the right to distribute, the right to receive, the right to read … and freedom of inquiry”). Right to Free Speech applies to speech over the internet as well

Also protected under Illinois state law Library Records Confidentiality Act—75 Illinois Compiled Statutes 70/1 The default rule . . . “The registration and circulation records of a library are confidential information.” “No person shall publish or make any information contained in such records available to the public . . .”

IL State Law: What does it mean? Yes, we are a library (so this law applies to us). "library" means any public library or library of an educational… society Registration records are very broadly defined . . . (think: icard information, signatures for media records, etc.) "registration records" includes any information a library requires a person to provide in order for that person to become eligible to borrow books and other materials Circulation records are also broadly defined . . . (think name, e-mail address, etc.) "circulation records" includes all information identifying the individual borrowing particular books or materials.

Are there any exceptions? Yes, you may release information provided in library records if . . . (1) You are required to do so under a COURT ORDER (not just a subpoena) OR (2) The information is requested by a SWORN LAW ENFORCEMENT OFFICER & it was impractical to get a court order (i.e. not enough time) & officer has probable cause to believe that there is imminent danger of physical harm. EVEN THEN, you may only provide the police with: information to identify a witness, suspect or victim of a crime (and you MUST STILL WITHHOLD circulation records indicating sources reviewed, etc. without a court order).

Observation or Record: Legal Standards State library statutes do not prohibit the release of the recollection of observations, even though this information may overlap with the content of a record: What material if any did you observe X using or borrowing today? Consider a Policy to expand the definition of record, if appropriate to circumstances. State library statutes do protect records. Release of protect records must comply with statutory exceptions, but in the absence of such exceptions, a policy may be appropriate. Release of record requires a court order. *Tomas Lipinski slide created for an iSchool class (used with permission).

Our Library Confidentiality Policy The U of I Library formally recognizes: That all records identifying the names, social security numbers, or I.D. number of library patrons are confidential in nature; That such records are not to be revealed to anyone other than the patron in question without either the express written permission of the patron in question or the adherence to proper legal and University procedures regarding required access to such information; That library employees are encouraged not to keep records with personally identifiable information, unless that information is necessary, and to destroy such records as soon as possible.

Our Library Confidentiality Policy That the confidentiality of patron records requires that such records should be consulted by library employees only for LEGITIMATE purposes such as locating or recalling library materials, processing overdue notices and fines, adding or deleting names to the database,  making collection development decisions, resolving billing matters, or investigating violations of Library circulation policies, including but not limited to, the following: Legitimate Consultation of Patron Records expired I.D. number with overdue items still charged patrons who repeatedly claim to have returned books patrons who have manipulated the system to set their own due dates outside the Library’s established patron loan periods patrons with outstanding Library accounts who have been referred to collection

Our library confidentiality policy Library employees may not view patron records for such purposes as idle curiosity, personal interest, or general monitoring. Special requests for confidential information to be used for research purposes shall be addressed to the University Librarian.

Examples of inappropriate requests CIRCULATION AND PATRON RECORDS A request for the circulation records of a faculty, student, staff or other library card holder by someone else. A request by a faculty member for the identity of students who borrowed reserve items. A request to review the circulation records of a student suspected of plagiarism. A request to see interlibrary loan borrowing records. A request for addresses, phone numbers, I.D. numbers or other personal information contained in the borrower database. A request to see a list of individuals who are not members of the university community but who have been granted library borrowing privileges. A request by a parent for information such as fines or other fees by the library to Students Accounts Receivable without the student’s permission.

Bottom line? CONFIDENTIAL Consider all identifying information, and other information in library records and circulation records as . . . CONFIDENTIAL Do not share that information. If requested to share it, contact Dean Wilkin who will likely work with University Counsel to resolve the dispute (except, in the extremely rare circumstance that a law enforcement officer is telling you there is imminent danger . . .)

Note… Illinois State law “does not prevent a library from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation where those reports are presented so that no individual is identified therein.” So, general statistics are okay, but no individualized information.

Good news? There’s almost no case-law interpreting this statute… so libraries are not being sued over it (or it is at least not making it to court)…

What about Federal Law? Radical Militant Librarians! Remember that librarians have been fighting for privacy all along . . . When the Patriot Act was first enacted and the FBI tried to obtain patron records and librarians refused to comply with record requests, the FBI called us: Radical Militant Librarians!

The patriot Act Section 215 of the Patriot Act (the so called “library records” provisions) allowed for sweeping records requests from libraries (trumping state library privacy laws) and permitting the issuance of gag orders preventing librarians from discussing the investigations. Luckily, Section 215 is a thing of the past (it expired on June 1, 2015)

The Freedom Act Unlike Section 215 of the Patriot Act, the Freedom Act: Prohibits bulk collections of records Ensures that any NSA/FBI records request must relate to a specific investigation Strengthens judicial review of gag orders “The ALA recommends that libraries seek legal counsel to ensure proper handling of National Security Letters (NSL). They are documents signed by officials of the FBI and other agencies, without prior judicial approval, which compel disclosure information.” (ALA Privacy Toolkit Talking Points) NSLs are usually accompanied with a gag order, prohibiting disclosure of the fact or nature of the request, however, this information can (and should) be shared with the library’s lawyer.