Confidentiality of
Library Records Statement
Confidentiality exists when a library is in
possession of personally identifiable information about users and keeps
that information private on their behalf.
Suggested Procedures for Implementing "Policy
on Confidentiality of Library Records"
When drafting local policies,
libraries should consult with their legal counsel to ensure these
policies are based upon and consistent with
applicable federal, state*, and local law concerning the confidentiality
of library
records, the disclosure of public records, and the protection of
individual privacy.
Suggested procedures include the following:
- The library staff member receiving
the request to examine or obtain information relating to circulation
or other records identifying the names
of library users must immediately refer the person making the request
to the responsible officer of the institution, who shall explain the
confidentiality policy.
- The director, upon receipt of a search warrant,
subpoena issued
by a court, or a court order, shall contact an attorney who is
familiar with library
law to determine if such search warrant, subpoena issued by a court,
or court order is in good form and if there is a showing of good
cause for its issuance.
- If the search warrant, subpoena issued
by a court, or a court order is not in proper form or if good cause
has not been shown,
the library
with advice of its attorney should insist that such defects be
cured before any
records are released.
- The legal process requiring the production
of circulation or other library records is ordinarily in the form
of a subpoena
duces
tecum (bring
your records)
requiring the responsible library officer to attend court or
to provide testimony at his or her deposition. It also may
require him
or her to
bring along certain
designated circulation or other specified records.
- Staff should
be trained and required to report any threats or unauthorized demands
(e.g., those not supported by a search
warrant, subpoena issued
by a court, or a court order) concerning circulation and
other records to the
director.
- Any problems relating to the privacy of circulation
and other records identifying the names of library users that
are not provided
for above
shall be referred to director.
*NJSA 18A:73-43:2 Library records which contain the names
or other personally identifying details regarding the users
of
libraries are confidential and
shall not be disclosed except in the following circumstances:
- The
records are necessary for the proper operation of the library;
- Disclosure is requested by the user; o
- Disclosure is required
pursuant to a subpoena issued by a court or court order.
L.1985,
c 172, s. 2, eff. May 31, 1985
NOTE: NJ Open Public Records Act does not supersede
NJSA 18A:73-43:2
SEE: http://www.ala.org/ala/oif/iftoolkits/toolkitsprivacy/privacy.htm
for additional information
 See
sample confidentiality policy [MS Word]
Adopted by the
NJLA Executive Board Dec. 19, 2006
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