State and Territorial Library Privacy Laws
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Code of Alabama § 41-8-9, Definitions
As used in Section 41-8-10, the term “registration records” includes any information which a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term “circulation records” includes all information which identifies the patrons utilizing particular books and any other library materials in any medium or format.
Code of Alabama § 41-8-10, Confidentiality of registration records
It is recognized that public library use by an individual should be of confidential nature. Any other provision of general, special or local law, rule or regulation to the contrary notwithstanding, the registration and circulation records and information concerning the use of the public, public school, college and university libraries of this state shall be confidential. Registration and circulation records shall not be open for inspection by, or otherwise available to, any agency or individual except for the following entities: (a) the library which manages the records; (b) the state education department for a library under its jurisdiction when it is necessary to assure the proper operation of such library; or (c) the state Public Library Service for a library under its jurisdiction when it is necessary to assure the proper operations of such library. Aggregate statistics shown from registration and circulation records, with all personal identification removed, may be released or used by a library for research and planning purposes. Provided however, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. . . .
Code of Alabama § 36-12-40, Citizens’ rights -- Exceptions
Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. Provided however, registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child.
Alaska Statutes § 140.25.140, Confidentiality of library records
(a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.
(b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child.
Arkansas Code Annotated § 13-2-701, Definitions
As used in this subchapter:
(a) “Confidential library records” means documents or information in any format retained in a library that identify a patron as having requested, used, or obtained specific materials, including, but not limited to, circulation of library books, materials, computer database searches, interlibrary loan transactions, reference queries, patent searches, requests for photocopies of library materials, title reserve requests, or the use of audiovisual materials, films, or records; and
(b) “Patron” means any individual who requests, uses, or receives services, books, or other materials from a library.
Arkansas Code Annotated § 13-2-702, Penalty
(a) Any person who knowingly violates any of the provisions of this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($ 200) or thirty (30) days in jail, or both, or a sentence of appropriate public service or education, or both.
(b) No liability shall result from any lawful disclosure permitted by this subchapter.
(c) No action may be brought under this subchapter unless the action is begun within two (2) years from the date of the act complained of or the date of discovery.
Arkansas Code Annotated § 13-2-703, Disclosure Prohibited
(a) Library records which contain names or other personally identifying details regarding the patrons of public, school, academic, and special libraries and library systems supported in whole or in part by public funds shall be confidential and shall not be disclosed except as permitted by this subchapter.
(b) Public libraries shall use an automated or Gaylord-type circulation system that does not identify a patron with circulated materials after materials are returned.
Arkansas Code Annotated § 13-2-704, Disclosure permitted
A library may disclose personally identifiable information concerning any patron to:
(1) The patron;
(2) Any person with the informed, written consent of the patron given at the time the disclosure is sought;
(3) A law enforcement agency or civil court, pursuant to a search warrant; or
(4) Any person, including, but not limited to, the patron, who has received an automated telephone notification or other electronic communication for overdue materials or reserve materials if the person making the request can verify the telephone number or e-mail address to which the notice was sent.
Arkansas Code Annotated § 13-2-705. Construction -- Statistics
(a) No provision of this subchapter shall be construed to prohibit any library or any business operating jointly with a library from disclosing information for the purpose of:
(1) Collecting overdue books, documents, films, or other items or materials owned or otherwise belonging to the library;
(2) Collecting fines on overdue books, documents, films, or other items or materials; and
(3) Contacting its patrons by telephone, mail service, or other medium for the purpose of notifying, informing, and educating patrons or otherwise promoting the legitimate programs, policies, and other interests of the library.
(b) Aggregate statistics shown from registration and circulation records with all personal identification removed may be released or used by a library or library system for research or planning purposes.
Arkansas Code Annotated § 13-2-706. Use of information in evidence
Personally identifiable information obtained in any manner other than as provided in this subchapter shall not be received in evidence in any trial, hearing, arbitration, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or political subdivision of the state.
None.
Arizona Revised Statutes § 41-1354, Privacy of user records; exceptions; violation; classification
A. Except as provided in subsection B, a library or library system supported by public monies shall not allow disclosure of any record or other information which identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.
B. Records may be disclosed:
1. If necessary for the reasonable operation of the library.
2. On written consent of the user.
3. On receipt of a court order.
4. If required by law.
C. Any person who knowingly discloses any record or other information in violation of this section is guilty of a class 3 misdemeanor.
California Government Code § 6254, Records exempt from disclosure requirements
(j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers.
California Government Code § 6267, Registration and circulation records of library supported by public funds
All registration and circulation records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed to any person, local agency, or state agency except as follows:
a. By a person acting within the scope of his or her duties within the administration of the library.
b. By a person authorized, in writing, by the individual to whom the records pertain, to inspect the records.
c. By order of the appropriate superior court.
As used in this section, the term “registration records” includes any information which a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term “circulation records” includes any information which identifies the patrons borrowing particular books and other material.
This section shall not apply to statistical reports of registration and circulation nor to records of fines collected by the library.
California Health & Safety Code § 101872, Items not to be disclosed
Nothing in this article shall be construed to require disclosure of any of the following:
(i) Library circulation records.
Colorado Revised Statutes § 24-72-204(3). Allowance or denial of inspection - grounds - procedure - appeal
(a) The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3):
(V) Library and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of such contributions.
Colorado Revised Statutes § 24-90-119, Privacy of user records
1. Except as set forth in subsection (2) of this section, a publicly-supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.
2. Records may be disclosed in the following instances:
a. When necessary for the reasonable operation of the library;
b. Upon written consent of the user;
c. Pursuant to subpoena, upon court order, or where otherwise required by law;
d. To a custodial parent or legal guardian who has access to a minor’s library card or its authorization number for the purpose of accessing by electronic means library records of the minor.
3. Any library official, employee, or volunteer who discloses information in violation of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.
Connecticut General Statutes § 11-25, Reports by libraries. Confidentiality of records
(b) Notwithstanding the provisions of section 1-210 [the state Freedom of Information Act], personally identifiable information contained in the circulation records of all public libraries shall be confidential.
29 Delaware Code § 10002, Definitions
(g) “Public record” is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:
(7) Any records of a public library which contain the identity of a user and the books, documents, films, recordings or other property of the library which a patron has used.
D.C. Code § 39-108(a), Confidentiality of circulation records [Formerly § 37-106.2(a)]
(a) Circulation records maintained by the public library in the District of Columbia which can be used to identify a library patron who has requested, used, or borrowed identified library materials from the public library and the specific material that patron has requested, used, or borrowed from the public library, shall be kept confidential, except that the records may be disclosed to officers, employees, and agents of the public library to the extent necessary for the proper operation of the public library.
(b) (1) [sic] Circulation records shall not be disclosed by any officer, employee, or agent of the public library to a third party or parties, except with the written permission of the affected library patron or as the result of a court order.
(2) A person whose records are requested pursuant to paragraph (1) of this subsection may file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential. The motion shall be accompanied by the reasons for the request.
(3) Paragraph (1) of this subsection shall not operate to prohibit the officers of the public library from disclosing relevant information on a library patron to the Corporation Counsel of the District of Columbia or legal counsel retained to represent the public library in a civil action.
(4) Within 2 working days after receiving a subpoena issued by the court for public library records, the public library shall send a copy of the subpoena and the following notice, by certified mail, to all affected library patrons:
“Records or information concerning your borrowing records in the public library in the District of Columbia are being sought pursuant to the enclosed subpoena.
“In accordance with the District of Columbia Confidentiality of Library Records Act of 1984, these records will not be released until 10 days from the date this notice was mailed.
“If you desire that these records or information not be released, you must file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential, and state your reasons for the request. A sample motion is enclosed.
“You may wish to contact a lawyer. If you do not have a lawyer, you may call the District of Columbia Bar Lawyer Referral Service.”
(5) The public library shall not make available any subpoenaed materials until 10 days after the above notice has been mailed.
(6) Upon application of a government authority, the notice required by paragraph (4) of this subsection may be waived by order of an appropriate court if the presiding judge finds that:
(A) The investigation being conducted is within the lawful jurisdiction of the government authority seeking the records;
(B) There is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; or
(C) There is reason to believe that the notice will result in:
(i) Endangering the life or physical safety of any person;
(ii) Flight from prosecution;
(iii) Destruction of or tampering with evidence;
(iv) Intimidation of potential witnesses; or
(v) Otherwise seriously jeopardizing an investigation or official proceeding.
(7) The term “government authority”, as used in paragraph (6) of this subsection, means any federal, state, or local government agency or department.
(c) The Board of Library Trustees may issue rules necessary to implement this section.
(d) Unless otherwise authorized or required by law, any officer, employee, or agent of the public library who shall violate any provision of this section or any rules issued pursuant to it commits a misdemeanor, and upon conviction shall be punished by a fine of not more than $ 300. The aggrieved public library patron may also bring a civil action against the individual violator for actual damages or $ 250, whichever is greater [sic], reasonable attorneys’ fees, and court costs.
Florida Statutes § 257.261(1), Library registration and circulation records
All registration and circulation records of every public library, except statistical reports of registration and circulation, are confidential and exempt from the provisions of s. 119.07(1) and from s. 24(a) of Art. I of the State Constitution.
Florida Statutes § 257.261(2), Library registration and circulation records
As used in this section, the term “registration records” includes any information that a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term “circulation records” includes all information that identifies the patrons who borrow particular books and other materials.
Florida Statutes § 257.261(3), Library registration and circulation records
(a) Except in accordance with a proper judicial order, a person may not make known in any manner any information contained in records made confidential and exempt by this section, except as otherwise provided in this section.
(b) A library or any business operating jointly with the library may, only for the purpose of collecting fines or recovering overdue books, documents, films, or other items or materials owned or otherwise belonging to the library, disclose information made confidential and exempt by this section to the following:
1. The library patron named in the records;
2. In the case of a library patron less than 16 years of age, the parent or guardian of that patron named in the records;
3. Any entity that collects fines on behalf of a library, unless the patron is less than 16 years of age, in which case only information identifying the patron’s parent or guardian may be released;
4. Municipal or county law enforcement officials, unless the patron is 16 years of age, in which case only information identifying the patron’s parent or guardian may be released; or
5. Judicial officials.
Florida Statutes § 257.261(4), Library registration and circulation records
Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Georgia Code Annotated § 24-9-46, Confidential nature of certain library records
(a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and may not be disclosed except:
1. To members of the library staff in the ordinary course of business;
2. Upon written consent of the user of the library materials or the user’s parents or guardian if the user is a minor or ward; or
3. Upon appropriate court order or subpoena.
(b) Any disclosure authorized by subsection (a) of this Code section or any unauthorized disclosure of materials made confidential by that subsection (a) shall not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made. A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor.
5 Guam Code Annotated; Chapter 80 § 80123. Confidentiality of Library Records.
(a) A library or library system operated with public monies shall not allow disclosure of any record or other information, written or oral, which identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.
(b) Records may be disclosed:
1. If necessary for the reasonable operation of the library.
2. On written consent of the user.
3. On receipt of a court order.
4. If required by law.c) Any person who knowingly discloses any record or other
information in violation of this section is guilty of a Petty Misdemeanor.
5 Guam Code Annotated; Chapter 10 Freedom of Information Act; Artice I Sunshine Law § 10108, Limitation on Right of Inspection.
(e) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this Subsection shall not apply to the records of fines imposed on the borrowers.
Georgia Code Annotated § 80123, Confidentiality of Library Records
a. A library or library system operated with public monies shall not allow disclosure of any record or other information, written or oral, which identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.
b. Records may be disclosed:
1. If necessary for the reasonable operation of the library.
2. On written consent of the user.
3. On receipt of a court order.
4. If required by law.
c. Any person who knowingly discloses any record or other information in violation of this section is guilty of a Petty Misdemeanor.
In Hawaii, there is an Attorney General opinion rather than a statute. The decision, Office of Information Practices Opinion Letter No. 90-30, issued October 23, 1990, is available online and is also included in Appendix C. The Website is located at http://www.state.hi.us/oip/opinionletters/opinion%2090-30.pdf.
There is also an Attorney General opinion stating that it is permissible for a library to send postcards through the mail with overdue information, even though others could see them. This opinion is Opinion of the Office of Information Practices Opinion Letter No. 93-21, issued October 25, 1993. This Attorney General opinion is available online at http://www.state.hi.us/oip/opinionletters/opinion%2093-21.PDF.
Idaho Code, Title 9, Evidence; Chapter 3, Public Writings; § 9-340E. Exemptions From Disclosure -- Archaeological, Endangered Species, Libraries, Licensing Exams
The following records are exempt from disclosure:
(3) The records of a library which, when examined alone, or when examined with other public records, would reveal the identity of the library patron checking out, requesting, or using an item from a library.
(4) The material of a library, museum or archive which has been contributed by a private person, to the extent of any limitation that is a condition of the contribution.
Idaho Court Administrative Rules Part IV, Court Records Required; Preservation, Destruction, Or Disposition Of Court Records; I.C.A.R. 32 (2004), Records of the judicial department -- Examination, inspection and copying -- Exemption from and limitations on disclosure
(19) Records maintained by the state law library that link a patron’s name with materials requested or borrowed in the patron’s name with a specific subject about which the patron has requested information or materials.
75 Illinois Compiled Statutes § 70/1(1), Confidentiality of records; statistical reports permitted
(a) The registration and circulation records of a library are confidential information. Except pursuant to a court order, no person shall publish or make any information contained in such records available to the public.
(b) This Section 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.
(c) For the purpose of this Section, (i) “library” means any public library or library of an educational, historical or eleemosynary institution, organization or society; (ii) “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 and (iii) “circulation records” includes all information identifying the individual borrowing particular books or materials.
5 Illinois Compiled Statutes § 140/7, [Freedom of Information Act] Exemptions
(1) The following shall be exempt from inspection and copying:
(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.
(i) Library circulation and order records identifying library users with specific materials.
Indiana Code Annotated § 5-14-3-4, Exceptions to right to inspect public records -- Time limitation on confidentiality of records -- Destruction of public records
(a) Except as otherwise provided by subsection (a), the following public records shall be excepted from section 3 of this chapter at the discretion of a public agency:
(16) Library or archival records:
(A) which can be used to identify any library patron.
Iowa Code § 22.7, Confidential records
The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:
(a) Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records.
13. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library. The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
Kansas Statutes Annotated § 45-221, Certain records not required to be open; separation of open and closed information required; statistics and records over 70 years old open
(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:
(23) Library patron and circulation records which pertain to identifiable individuals.
Like Hawaii, the library privacy law for Kentucky is contained within two Attorney General opinions. These are 1981 Kentucky Attorney General Opinion 81-159, issued on April 21, 1981, and 1982 Kentucky Attorney General Opinion 2-164, OAG 82-149, issued on March 12, 1982. Both opinions are included in Appendix C, and are also available online (in .rtf format) at http://www.ala.org/ala/oif/ifgroups/stateifcchairs/stateifcinaction/kentuckyprivac.
Louisiana Revised Statutes § 44:13, Registration records and other records of use maintained by libraries
A. Notwithstanding any provisions of this Chapter or any other law to the contrary, records of any library which is in whole or in part supported by public funds, including the records of public, academic, school, and special libraries, and the State Library of Louisiana, indicating which of its documents or other materials, regardless of format, have been loaned to or used by an identifiable individual or group of individuals may not be disclosed except to a parent or custodian of a minor child seeking access to that child’s records, to persons acting within the scope of their duties in the administration of the library, to persons authorized in writing by the individual or group of individuals to inspect such records, or by order of a court of law.
B. Notwithstanding any provisions of this Chapter or any other law to the contrary, records of any such library which are maintained for purposes of registration or for determining eligibility for the use of library services may not be disclosed except as provided in Subsection A of this Section.
C. No provision of this Section shall be so construed as to prohibit or hinder any library or any business office operating jointly with a library from collecting overdue books, documents, films, or other items and/or materials owned or otherwise belonging to such library, nor shall any provision of this Section be so construed as to prohibit or hinder any such library or business office from collecting fines on such overdue books, documents, films, or other items and/or materials.
D. No provision of this Section shall be so construed as to prohibit or hinder any library or librarian from providing information to appropriate law enforcement officers investigating criminal activity in the library witnessed by an employee or patron of the library and reported by the administrative librarian to the appropriate law enforcement officials.
1. The term “criminal activity in the library,” as used in this Subsection, shall mean an activity which constitutes a crime, or otherwise constitutes an offense or violation of any law or ordinance, occurring:
(a) Within any library building,
(b) Upon any library property, or
(c) Near a library and the proximity of such activity to a library or library property constitutes an element of the offense
2. The term “information”, as used in this Subsection shall include but not be limited to electronic data files, security surveillance video tapes, or other records or materials which may constitute evidence which would assist law enforcement officers in identifying the individual or group of individuals who may have committed criminal activity in the library.
27 Maine Revised Statutes § 121, Confidentiality of library records
Records maintained by any public municipal library, the Maine State Library, the Law and Legislative Reference Library and libraries of the University of Maine System and the Maine Maritime Academy that contain information relating to the identity of a library patron relative to the patron’s use of books or other materials at the library are confidential. Those records may only be released with the express written permission of the patron involved or as the result of a court order.
Maryland Education Code Annotated § 23-107, Circulation records
(a) Inspection, use, or disclosure prohibited. -- Subject to the provisions of subsection (b) of this section, a free association, school, college or university library in this State shall prohibit inspection, use, or disclosure of any circulation record or other item, collection, or grouping of information about an individual that:
(1) Is maintained by a library;
(2) Contains an individual’s name or the identifying number, symbol, or other identifying particular assigned to the individual; and
(3) Identifies the use a patron makes of that library’s materials, services, or facilities.
(b) Exceptions. -- A free association, school, college, or university library in the State shall permit inspection, use, or disclosure of the circulation record of an individual only in connection with the library’s ordinary business and only for the purposes for which the record was created.
Maryland State Government Code Annotated § 10-616, Same -- Specific records
(a) In general. -- Unless otherwise provided by law, a custodian shall deny inspection of a public record, as provided in this section.
(e) Circulation records, or other item, collection, or grouping of information about an individual.
(1) Subject to the provisions of paragraph (2) of this subsection, a custodian shall prohibit inspection, use, or disclosure of a circulation record of a public library or other item, collection, or grouping of information about an individual that:
(i) is maintained by a library;
(ii) contains an individual’s name or the identifying number, symbol, or other identifying particular assigned to the individual; and
(iii) identifies the use a patron makes of that library’s materials, services, or facilities.
(2) A custodian shall permit inspection, use, or disclosure of a circulation record of a public library only in connection with the library’s ordinary business and only for the purposes for which the record was created.
Massachusetts Annotated Laws GL chapter 78, § 7, Cities and Towns May Establish Public Libraries
A town may establish and maintain public libraries for its inhabitants under regulations prescribed by the city council or by the town, and may receive, hold and manage any gift, bequest or devise therefor. The city council of a city or the selectmen of a town may place in such library the books, reports and laws which may be received from the commonwealth. That part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four. Library authorities may disclose or exchange information relating to library users for the purposes of inter-library cooperation and coordination, including but not limited to, the purposes of facilitating the sharing of resources among library jurisdictions as authorized by clause (1) of section nineteen E or enforcing the provisions of sections ninety-nine and one hundred of chapter two hundred and sixty-six.
Massachusetts Annotated Laws GL ch. 66A, § 2, Accountability for and Protection of Records Containing Personal Data
Every holder maintaining personal data shall:
(a) identify one individual immediately responsible for the personal data system who shall insure that the requirements of this chapter for preventing access to or dissemination of personal data are followed;
(b) inform each of its employees having any responsibility or function in the design, development, operation, or maintenance of the personal data system, or the use of any personal data contained therein, of each safeguard required by this chapter, of each rule and regulation promulgated pursuant to section three which pertains to the operation of the personal data system, and of the civil remedies described in section three B of chapter two hundred and fourteen available to individuals whose rights under chapter sixty-six A are allegedly violated;
(c) not allow any other agency or individual not employed by the holder to have access to personal data unless such access is authorized by statute or regulations which are consistent with the purposes of this chapter or is approved by the data subject whose personal data are sought if the data subject is entitled to access under clause (i).
(f) in the case of data held in automated personal data systems, and to the extent feasible with data held in manual personal data systems, maintain a complete and accurate record of every access to and every use of any personal data by persons or organizations outside of or other than the holder of the data, including the identity of all such persons and organizations which have gained access to the personal data and their intended use of such data and the holder need not record any such access of its employees acting within their official duties;
(g) to the extent that such material is maintained pursuant to this section, make available to a data subject upon his request in a form comprehensible to him, a list of the uses made of his personal data, including the identity of all persons and organizations which have gained access to the data;
(k) maintain procedures to ensure that no personal data are made available in response to a demand for data made by means of compulsory legal process, unless the data subject has been notified of such demand in reasonable time that he may seek to have the process quashed;
(i) not collect or maintain more personal data than are reasonably necessary for the performance of the holder’s statutory functions.
Michigan Compiled Laws § 397.601, AN ACT to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials, §397.6702, Definitions
Sec. 2. As used in this act:
(g) “Library” includes a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities; a community college district; a college or university; or any private library open to the public.
(h) “Library record” means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron’s name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. Library record does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.
Michigan Compiled Laws § 397.603, Library record not subject to disclosure requirements; release or disclosure of library record without consent prohibited; exception; procedure and form of written consent; hearing.
Sec. 3. (1) Except as provided in subsection (2), a library record is not subject to the disclosure requirements of the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(2) Unless ordered by a court after giving the affected library notice of the request and an opportunity to be heard on the request, a library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to a person without the written consent of the person liable for payment for or return of the materials identified in that library record.
(3) The procedure and form of giving written consent described in subsection (2) may be determined by the library.
(4) A library may appear and be represented by counsel at a hearing described in subsection (2).
MCL §397.604, Improper disclosure; liability, civil action, damages, attorney fees, costs
Sec. 4. A library or an agent or employee of a library which violates section 3 shall be liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $250.00, whichever is greater; reasonable attorney fees; and the costs of bringing the action.
Minnesota Statutes Annotated § 13.40, Library and historical data
Subdivision 1. Records subject to this chapter. (a) For purposes of this section, “historical records repository” means an archives or manuscript repository operated by any state agency, statewide system, or political subdivision whose purpose is to collect and maintain data to further the history of a geographic or subject area. The term does not include the state archives as defined in section 138.17, subdivision 1, clause (5).
(b) Data collected, maintained, used, or disseminated by a library or historical records repository operated by any state agency, political subdivision, or statewide system shall be administered in accordance with the provisions of this chapter.
Subd. 2. Private data; library borrowers. (a) Except as provided in paragraph (b), the following data maintained by a library are private data on individuals and may not be disclosed for other than library purposes except pursuant to a court order:
(1) data that link a library patron’s name with materials requested or borrowed by the patron or that link a patron’s name with a specific subject about which the patron has requested information or materials; or
(2) data in applications for borrower cards, other than the name of the borrower.
(b) A library may release reserved materials to a family member or other person who resides with a library patron and who is picking up the material on behalf of the patron. A patron may request that reserved materials be released only to the patron.
Mississippi Code Annotated § 39-3-365, Confidentiality of library user records
Records maintained by any library funded in whole or in part by public funds, which contain information relating to the identity of a library user, relative to the user’s use of books or other materials at the library, shall be confidential. Such records may only be released with the express written permission of the respective library user or as the result of a court order.
Missouri Revised Statutes § 182.815, Disclosure of library records, definitions
As used in this section and section 182.817, the following terms shall mean:
(1) “Library”, any library established by the state or any political subdivision of the state, or combination thereof, by any community college district, or by any college or university, and any private library open to the public;
(2) “Library material”, any book, document, film, record, art work, or other library property which a patron may use, borrow or request;
(3) “Library record”, any document, record, or other method of storing information retained, received or generated by a library that identifies a person or persons as having requested, used, or borrowed library material, and all other records identifying the names of library users. The term “library record” does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library material in general.
Missouri Revised Statutes § 182.817, Disclosure of library records not required--exceptions
Notwithstanding the provisions of any other law to the contrary, no library or employee or agent of a library shall be required to release or disclose a library record or portion of a library record to any person or persons except:
(1) In response to a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or
(2) In response to an order issued by a court of competent jurisdiction upon a finding that the disclosure of such record is necessary to protect the public safety or to prosecute a crime.
Montana Code Annotated § 22-1-1102, Montana Library Records Confidentiality Act Definitions
As used in 22-1-1103, the following definitions apply:
(1) “Library” means a library that is established by the state, a county, city, town, school district, or a comfbination of those units of government, a college or university, or any private library open to the public.
(2) “Library records” means any document, record, or any other method of storing information retained, received, or generated by a library that identifies a person as having requested, used, or borrowed library material or other records identifying the names or other personal identifiers of library users. Library records does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general or records that are not retained or retrieved by personal identifier.
Montana Code Annotated § 22-1-1103, Nondisclosure of library records
(1) No person may release or disclose a library record or portion of a library record to any person except in response to:
(a) a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or
(b) an order issued by a court of competent jurisdiction, upon a finding that the disclosure of such record is necessary because the merits of public disclosure clearly exceed the demand for individual privacy.
(2) A library is not prevented from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation if those reports are presented so that no individual is identified therein.
(3) Library records may be disclosed to the extent necessary to return overdue or stolen materials or collect fines.
Montana Code Annotated § 22-1-1111, Penalty
Any person who violates 22-1-1103 is guilty of a misdemeanor and is liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $100, whichever is greater. Reasonable attorney fees and the costs of bringing the action may be awarded to the prevailing party.
Nebraska Revised Statutes § 84-712.05 (2004), Records which may be withheld from the public; enumerated
The following records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records:
(11) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library’s materials or services.
Nebraska Revised Statutes § 239.013 (2004), Confidentiality of records of library which identify user with property used
Any records of a public library or other library which contain the identity of a user and the books, documents, films, recordings or other property of the library which he used are confidential and not public books or records within the meaning of NRS 239.010. Such records may be disclosed only in response to an order issued by a court upon a finding that the disclosure of such records is necessary to protect the public safety or to prosecute a crime.
New Hampshire Revised Statutes Annotated § 91-A:5 (2004), Exemptions
The following records are exempted from the provisions of this chapter:
(iv) Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.
New Hampshire Revised Statutes Annotated § 201-D:11 (2004), Library User Records; Confidentiality
I. Library records which contain the names or other personal identifying information regarding the users of public or other than public libraries shall be confidential and shall not be disclosed except as provided in paragraph II. Such records include, but are not limited to, library, information system, and archival records related to the circulation and use of library materials or services.
II. Records described in paragraph I may be disclosed to the extent necessary for the proper operation of such libraries and shall be disclosed upon request by or consent of the user or pursuant to subpoena, court order, or where otherwise required by statute.
III. Nothing in this section shall be construed to prohibit any library from releasing statistical information and other data regarding the circulation or use of library materials provided, however, that the identity of the users of such library materials shall be considered confidential and shall not be disclosed to the general public except as provided in paragraph II.
New Jersey Statutes Annotated § 18A:73-43.1 (2005), “Library,” “library record” defined
For the purposes of this act:
a. “Library” means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.
b. “Library record” means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.
New Jersey Statutes Annotated § 18A:73-43.2 (2005), Confidentiality; exceptions
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:
a. The records are necessary for the proper operation of the library;
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpena issued by a court or court order.
New Mexico Statutes Annotated § 18-9-1. Short title
This act [18-9-1 to 18-9-6 NMSA 1978] may be cited as the “Library Privacy Act.”
New Mexico Statutes Annotated § 18-9-2 (2005), Purpose
The purpose of the Library Privacy Act [18-9-1 NMSA 1978] is to preserve the intellectual freedom guaranteed by Sections 4 and 17 of Article 2 of the constitution of New Mexico by providing privacy for users of the public libraries of the state with respect to the library materials that they wish to use.
New Mexico Statutes Annotated § 18-9-3 (2005), Definitions
As used in the Library Privacy Act [18-9-1 NMSA 1978]:
A. ”library” includes any library receiving public funds, any library that is a state agency and any library established by the state, an instrumentality of the state, a local government, district or authority, whether or not that library is regularly open to the public; and
B. ”patron record” means any document, record or other method of storing information retained by a library that identifies, or when combined with other available information identifies, a person as a patron of the library or that indicates use or request of materials from the library. “Patron record” includes patron registration information and circulation information that identifies specific patrons.
New Mexico Statutes Annotated § 18-9-4 (2005), Release of patron records prohibited
Patron records shall not be disclosed or released to any person not a member of the library staff in the performance of his duties, except upon written consent of the person identified in the record, or except upon court order issued to the library. The library shall have the right to be represented by counsel at any hearing on disclosure or release of its patron records.
New Mexico Statutes Annotated § 18-9-5 (2005), Exceptions
The prohibition on the release or disclosure of patron records in Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall not apply to overdue notices or to the release or disclosure by school libraries to the legal guardian of the patron records of unemancipated minors or legally incapacitated persons.
New Mexico Statutes Annotated § 18-9-6 (2005), Violations; civil liability
Any person who violates Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall be subject to civil liability to the person identified in the released records for damages and costs of the action as determined by the court.
New York Consolidated Law Service Civil Practice Law & Rules § 4509 (2005), Library records (contained in evidence code)
Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute.
New York Law Revision Commission Recommendations, 1988
I. Introduction.
Under CPLR 4509, records related to the circulation of library materials which identify library patrons are confidential, and consequently may not be disclosed except under statutorily specified circumstances.1. The text of CPLR 4509 is set forth as follows: § 4509 Library circulation records. Records related to the circulation of library materials which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute. The statute was enacted to protect library users' inquiring minds from "self-appointed guardians of public and private morality and governmental officials"2. New York State Assembly. Memorandum in Support of Legislation. A.5953-B (enacted in 1982). (See Appendix A, attached.) alike. However, questions have recently arisen calling into question the statute's ability to fulfill its stated purpose.3. This issue, concerning the statute's scope, was first presented to the Commission in a letter dated June 5, 1987, addressed to Kenneth Joyce, the Executive Director of the Law Revision Commission, from Marcia Zubrow, Head Reference Librarian of the Charles B. Sears Law Library,Buffalo Law School, SUNY at Buffalo, New York. A subsequent correspondence raising the same issue, dated June 23, 1987 was received from Marilyn Kramer, Chairperson of the Faculty Executive Committee. SUNY at Buffalo, New York.
CPLR 4509's present scope, limited to". . . records related to the circulation of records library materials . . ," makes questionable the statute's applicability to library records which do not involve circulation of tangible library materials, but which nevertheless identify the library patron. There are two categories of such records. The first might be labeled the "requested, but not currently available" category. This covers situations where a library patron requests a book or other library material that is not currently available, either because it has been loaned to someone else, must be acquired through the interlibrary loan system, or is not available for some other reason. Examples include title reserve requests, interlibrary loan requests, requests for photocopies, and reference queries.4. Reference queries" refers to any and all questions library patrons pose to library personnel, though usually related to the availability or existence of library materials or sources of information. In such cases, library materials are involved, yet because the materials are not currently available, corresponding library records are best characterized as relating to requests for library materials, rather than circulation of library materials. As such, their confidentiality under the current statute is suspect.
The second category might be labeled the library intangible" category and is primarily concerned with computer database searches. Libraries typically make records of database searches along with information identifying the library patron who requested or conducted the search. Yet it would be difficult to argue that a database search constitutes circulation of a tangible library material. Consequently, the confidentiality of such records is also questionable under present law 5. The distinction between circulation records" and other library records which contain information identifying the library user is not an idle one. It has been reported, for example, that during the 1986 Fall semester at SUNY at Buffalo, the FBI requested information regarding the subject of a foreign student's computer database search (see Appendix C. attached). It should be noted that in this particular instance the scope of CPLR § 4509 was not put in issue since the FBI had obtained a subpoena for such records. Absent such a subpoena or court order, however, or where the validity of such subpoena or court order is challenged, the scope of CPLR § 4509 could be directly raised.
II. Legislative Intent Analysis.
It is unlikely that by enacting CPLR 4509 the New York Legislature purposefully discriminated between circulation records ("records related to the circulation of library materials") and all other library records which identify the library user so that only the former are confidential. Two reasons support this conclusion. First, there is no evidence of such a legislative intent in either the sponsoring legislators' "memorandum in support" in support of the law's original enactment, nor in any of the other materials comprising the "legislative jacket."6. CPLR 4509's legislative jacket consists of two "memorandum in support," one related to the original draft of the bill (never enacted) and the other related to an amended draft, and numerous general letters in support of the bill's enactment from such varied sources as the New York Public Library, the State Education Department, the New York Library Association, the New York Civil Liberties Union and others. These materials stress the "right to privacy," the "right to receive information," and the "chilling effect" on library use which would result in the absence of such privacy. Nowhere is there any suggestion that only certain library records which identify the library patron are deserving of confidentiality, while others are not. Although more than half of the letters comprising the legislative jacket specifically refer to "circulation records" or to the individual's interest in "reading books," such language does not appear to be evidence of a purposeful limitation on the statute's scope. Rather, it is probable this language results only from the fact that lending books (thus resulting in "circulation records") is the classical library function and therefore the most obvious example of what the statute should cover.7. The body of a typical letter in support of enactment of what is now CPLR 4509 is set out below. Note that the reference to "reading books" does not seem designed to discriminate between records related to the circulation of books and other library records that identify the library patron. Rather, it appears to be a casual reference to the easiest example of what the statute will protect. The letter, addressed to The Honorable John G. McGoldrick, then Counsel to the Governor, was from Richard A. Givens of the New York County Lawyers' Association. The body reads as follows: I am pleased to recommend approval of the above bill to protect confidentiality of public library records. This is important so that citizens in reading books will not be concerned that someone else would place an unfavorable construction on their seeking information from writings on any particular subject. Without such privacy, there would be a chilling effect on the citizen's right to seek information freely, contrary to the objectives of the First Amendment.
Secondly, the policy underlying section 4509, as repeatedly expressed in the materials comprising the legislative jacket, is to ensure library use free from fear that details of such use might become known to others, some of whom might wish to exploit such knowledge as a means of harassment or intimidation.8. New York State Assembly, Memorandum in Support of Legislation. A.5953-B (enacted in 1982). (See Appendix A, attached.) For example, the New York Civil Liberties Union supported enactment of the bill stating:
The NYCLU views this bill as a significant contribution to First Amendment rights in New York. The right to receive information is fundamental to the First Amendment. See. e.g., Stanley v. Georgia, 394 U.S. 557 (1969). It is a right that extends to information and ideas of all kinds -- the unpopular and unfamiliar as well as the popular and known. This bill would enhance that right by guaranteeing privacy to library borrowers. No reader would have reason to fear that he might later be held accountable for having selected a work that someone else thought improper or even blasphemous.9. From a letter, dated March 9, 1982 addressed to The Honorable John G. McGoldrick, Counsel to the Governor, from the New York Civil Liberties Union.
Such a laudable goal can be fully achieved only by protecting from disclosure all library records which identify the library user, rather than just circulation records. To the extent the statute in its present form does not prohibit disclosure of these "other" library records, it tends to thwart its own purpose.10. At the present time, thirty-five states other than New York have statutes protecting the confidentiality of library records. Copies of these statutes are included as Appendix D. Twenty states' statutes, like New York's (CPLR 4509), are "narrow" in scope, in that they protect only circulation records. The states having "narrow statutes are: Alabama, Alaska, California, Connecticut, Illinois, Florida, Delaware, Louisiana, Maine, Maryland, Massachusetts, Michigan, Nevada, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, Wisconsin, and Wyoming. Thirteen states' statutes are "broad" in scope in that they protect all library records which contain information identifying the library user. The states having "broad" statutes are: Arizona, Colorado, Indiana, Kansas, Minnesota, New Jersey, North Carolina, North Dakota, Nebraska, South Dakota, Washington, Missouri, and Montana. States' statutes falling in between the "narrow" and "broad" classifications are Iowa and Rhode Island. These two state's statutes appear to provide protection for the "requested, but not currently available" category of records, but not the library intangible" category of records.
III. Conclusion and Recommendation.
CPLR 4509's scope should be broadened to protect all library records which identify library users, rather than just circulation records. This would make it clear that records of computer database searches, interlibrary loan transactions, requests for photocopies of library materials, title reserve requests, reference queries and the like are confidential. The statute's purpose, to ensure library use free from fear that details of such use might become known to others, some of whom might wish to exploit such knowledge as a means of harassment or intimidation, recognizes no distinction between circulation records and other library records which identify the library user. Neither should the statutory language. All such records require protection from disclosure if the statutory purpose is to be achieved.
North Carolina General Statutes § 125-19, Confidentiality of library user records
(a) Disclosure. -- A library shall not disclose any library record that identifies a person as having requested or obtained specific materials, information, or services, or as otherwise having used the library, except as provided for in subsection (b).
(b) Exceptions. -- Library records may be disclosed in the following instances:
(1) When necessary for the reasonable operation of the library;
(2) Upon written consent of the user; or
(3) Pursuant to subpoena, court order, or where otherwise required by law.
North Dakota Century Code, § 40-38-12 (2005), Library records -- Open records exception
Any record maintained or received by a library receiving public funds, which provides a library patron’s name or information sufficient to identify a patron together with the subject about which the patron requested information, is considered private and is excepted from the public records disclosure requirements of section 44-04-18. These records may be released when required pursuant to a court order or a subpoena.
Commonwealth of the Northern Marianas
None.
Ohio Revised Code Annotated § 149.432, Release of library record or patron information
(A) As used in this section:
(1) ”Library” means a library that is open to the public, including any of the following:
(a) A library that is maintained and regulated under section 715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated under Chapter 3375. of the Revised Code;
(c) A library that is created and maintained by a public or private school, college, university, or other educational institution;
(d) A library that is created and maintained by a historical or charitable organization, institution, association, or society.
“Library” includes the members of the governing body and the employees of a library.
(2) ”Library record” means a record in any form that is maintained by a library and that contains any of the following types of information:
(a) Information that the library requires an individual to provide in order to be eligible to use library services or borrow materials;
(b) Information that identifies an individual as having requested or obtained specific materials or materials on a particular subject;
(c) Information that is provided by an individual to assist a library staff member to answer a specific question or provide information on a particular subject. “Library record” does not include information that does not identify any individual and that is retained for the purpose of studying or evaluating the use of a library and its materials and services.
(3) Subject to division (B)(5) of this section, “patron information” means personally identifiable information about an individual who has used any library service or borrowed any library materials.
(B) A library shall not release any library record or disclose any patron information except in the following situations:
(1) If a library record or patron information pertaining to a minor c