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Confidentiality of Library Records Policy

ROSELLE PUBLIC LIBRARY DISTRICT
CONFIDENTIALITY OF LIBRARY RECORDS

 1.         Introduction:

The Roselle Public Library District abides by the Library Records Confidentiality Act {75 ILCS 70/1 et seq.} that states that the records of patron transactions and the identity of registered library patrons are confidential material.  The Library does not make available the records of patron transactions to any party, except in compliance with the law.  The Library does not make available lists of registered library patrons, except in compliance with the law. 

The Library specifically recognizes as confidential any document, record, or electronic method of storing information retained, received or generated by the Library that identifies a person or persons requesting, using or borrowing library material. The Library shall not divulge patron-identifiable information to anyone other than the borrower.  Such records shall not be made available to any agency of state, federal or local government, except pursuant to a court order issued through a legal process, order, or subpoena, as allowed by state or federal law.

Patron-identifiable information does not include statistical records relating to use of the Library or its materials and services that cannot be used to identify particular patrons or information concerning behavioral issues in the Library's records regarding a patron.

2.        Staff Members:

Staff members will under no circumstances disclose any patron-identifiable information about any patron to the public, the press, or to any government agency.  Staff will not permit anyone access to, or a view of, any non-public computers, files, or records that might contain patron-identifiable information.  Staff given general authorization by a Library Security Officer, may disclose patron-identifiable information, only under the following circumstances: 

    A.)       A patron may have access to any records that the Library holds about her or him, if the patron presents her or his library card.

    B.)       To provide the following information to law enforcement officers:
               - The name and description, if personally known to the staff member, of any person who has committed, is committing, or threatens to commit a crime affecting Library staff or members of the Library Board of Trustees, Library patrons or users, or Library property;
               - To the extent the staff member is a witness to such a crime, any other information relevant to the crime that is personally known by the staff member.

    C.)       To provide information about overdue and lost materials to a minor's parent or guardian who signed the minor's application, assuming responsibility for that minor's card.

When contacting a patron, patron-identifiable information (such as the title or subject of a requested item available to be picked up) may not be left on an answering machine, voice mail or e-mail to the patron, unless specifically designated by the patron, in writing, as the notification method of choice.  The Library cannot be responsible for maintaining confidentiality in the notification process, if these methods are selected by the patron.

3.         Library Security Team:

The Library Security Team will consist of the Executive Director, Youth Services Director, Director of Reference and Adult Services, Director of Technical Services, Director of Circulation, and other staff members appointed by the Executive Director.  These staff members will be referred to as Library Security Officers.  The Team will meet no less than once every two months to discuss how this policy is being enforced and any other security and confidentiality issues relating to the Library, its patrons, and/or services.  The Team members are the only staff permitted to give other staff members authorization to release patron-identifiable information, as listed in Section 2 herein, or to otherwise deal with law enforcement or patron requests, by the patron or the patron's guardian, for patron-identifiable information, with the exceptions noted in Section 4 herein.

All members of the Library Security Team will undergo training to ensure that they are able to comply with the terms of this policy and with federal and state laws.  This training and periodic updates will enable members to handle requests for patron-identifiable information.

4.         Requests for Patron-Identifiable Information:

The Executive Director, Library Security Team members, and the Library Board of Trustees, in that order, may, in certain circumstances, provide approval of the release of patron-identifiable information other than the information listed in Section 2 of this Policy.

If local or state law enforcement officials serve a search warrant, or if a subpoena, court order, or other request from a governmental body is received by a staff member, the staff member must immediately notify a Library Security Officer, who in turn shall notify the Executive Director, who shall immediately forward the document to the Library's Attorney for review and guidance. Local or State law enforcement officials will generally give the Library time to respond to the search warrant or subpoena.

If a staff member is served with a search warrant by Federal law enforcement officials (FBI) for information under the United States Patriot Act with a demand that the warrant be executed immediately, the staff member must make every effort to consult with the Library's Executive Director, a member of the Security Team, the Board President, other available member of the Library Board of Trustees, or the Library's Attorney about the situation before the law enforcement officials take action.  Although the Patriot Act does not allow public disclosure that a search warrant has been served and that the person or persons whose records are to be searched may not be notified of the search, officials of the Library and the Library's Attorney may be notified of the presence of law enforcement, and may examine the warrant. 

All staff members are required to know the location of a Confidentiality Policy Card that is kept in all departments.  Staff shall present the card to any government officer to indicate the Library's policy and to demonstrate that the staff member does not intend to be uncooperative when they seek to obtain such assistance.  If the staff member is unable to obtain such assistance, and the FBI demands to execute the warrant immediately, only the materials requested expressly in the written warrant shall be provided, and nothing further. 

Because court action will be involved, a decision to refuse to comply with a search warrant or a subpoena must be approved or ratified by the Library Board of Trustees.  Where time allows, in all cases except those listed in Section 2 of this Policy, decisions should not be made regarding release of patron-identifiable information without consulting the Library's Attorney.

5.         The Executive Director, Library Security Team members, and the Board of Library Trustees:

All other investigatory requests by government officers may only be handled by the Library's Executive Director, a Library Security Team member, and/or Library Board of Trustees.   They also have authority to accept, deny, or comply with subpoenas, warrants, court orders, and other investigatory documents directed to the Roselle Public Library District or pertaining to Library property.

 

Board Approved Revision 4/12/06
9/10/03, 9/13/00

 

 

 

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