State Laws on the Confidentiality of Library Records
State laws are accessible through a variety of sources, both commercial and free. Three free sites are:
American Law Sources On-line (LawSource, Inc.)
FindLaw (Thomson)
WashLaw Web (Washburn University School of Law)
AL | AK | AZ | AR
| CA | CO | CT | DE
| DC | FL | GA | HI
| ID | IL | IN | IA
| KS | KY
Louisiana - North Dakota
Ohio - Wyoming
NOTICE: This information is current through April 20, 2005.
Legislators in the following states introduced bills in 2004 or 2005 that, if passed, will affect the privacy interests of library users. The text of proposed legislation is added below each state's current law. The primary changes are highlighted.
Connecticut -- Joint Committee on Education Public Hearing (3/16/05)
Illinois -- Assigned to State Government Administration Committee (1/26/05)
Maine -- Referred to House & Senate Committees on Education and Cultural Affairs (2/10/05)
New Hampshire -- Passed in House; Hearing scheduled in Senate for May, 11, 2005
New Jersey -- Referred to Assembly Education Committee (1/13/04)
Wyoming -- Signed into Law, becomes effective 7/1/05
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.
Section 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.
Section 36-12-40. Rights of citizens to inspect and copy public writings; exception for public library registration and circulation records.
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.
(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.
(a) "Patron" means any individual who requests, uses, or receives services, books or other materials from a library.
(b) "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.
Section 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 such action is begun within two (2) years from the date of the act complained of or the date of discovery.
Section 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.
Section 13-2-704. Disclosure permitted.
A library may disclose personally identifiable information concerning any patron:
(1) The patron;
(2) Any person with the informed, written consent of the patron given at the time the disclosure is sought; or
(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.
Section 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 such library;
(2) Collecting fines on such 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 such 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.
Section 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.
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.
Section 6254. Records exempt from disclosure requirements.
Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:
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(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.
(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.
Section 24-72-204. Allowance or denial of inspection - grounds - procedure - appeal.
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(3) (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):
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(VII) Library records disclosing the identity of a user as prohibited by section 24-90-119.
(a) The libraries established under the provisions of this chapter, and any free public library receiving a state appropriation, shall annually make a report to the State Library Board.
(b) Notwithstanding the provisions of section 1-210, personally identifiable information contained in the circulation records of all public libraries shall be confidential.
Introduced: SB 1308 (March 10, 2005)
Status: Joint Committee on Education Public Hearing (3/16/05)
Sponsors: Education Committee
AN ACT CONCERNING CONFIDENTIALITY OF LIBRARY RECORDS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 11-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):
(a) The libraries established under the provisions of this chapter, and any free public library receiving a state appropriation, shall annually make a report to the State Library Board.
(b) (1) [DELETE: Notwithstanding the provisions of section 1-210, personally identifiable information contained in the circulation records of all public libraries shall be confidential.] The staffs of libraries shall protect the privacy of library users. Notwithstanding section 1-210, records maintained by libraries that can be used to identify any library user, or link any user to a library transaction, regardless of format, shall be kept confidential, except that the records may be disclosed to officers, employees and agents of the library, as necessary for operation of the library.
(2) Information contained in such records shall not be released to any third party, except (A) pursuant to a court order, or (B) with the written permission of the library user whose personal information is contained in the records.
(3) For purposes of this subsection, "library" includes any library regularly open to the public, whether public or private, maintained by any school, college or university, or by any industrial, commercial or other group or association, or by any governmental agency.
(4) No provision of this subsection shall be construed to prevent a library from publishing or making available to the public statistical reports regarding library registration and use of library materials, if such reports do not contain personally identifying information.
(a) "Public body" means, unless specifically excluded, any regulatory, administrative, advisory, executive, appointive or legislative body of the State, or of any political subdivision of the State, including, but not limited to, any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel, council or any other entity or body established by an act of the General Assembly of the State, or established by any body established by the General Assembly of the State, or appointed by any body or public official of the State or otherwise empowered by any state governmental entity, which: (1) Is supported in whole or in part by any public funds; or (2) expends or disburses any public funds, including grants, gifts or other similar disbursals and distributions; or (3) is impliedly or specifically charged by any other public official, body, or agency to advise or to make reports, investigations or recommendations. Public body shall not include the General Assembly of the State, nor any caucus thereof, or committee, subcommittee, ad hoc committee, special committee or temporary committee.
(b) "Public business" means any matter over which the public body has supervision, control, jurisdiction or advisory power.
(c) "Public funds" are those funds derived from the State or any political subdivision of the State.
(d) "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:
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(12) 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;
(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) 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, reasonable attorneys' fees, and court
costs.
(1) 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.
(2) 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.
(3)(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.
(4) Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(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.
Hawaii does not have a specific statute regarding the confidentiality of library records. However, an October 23, 1990 Office of Information Practices advisory opinion addressed to the State Librarian stated that "individuals have a significant privacy interest in information that reveals the materials that they have requested, used, or obtained from a public library" and that disclosure of such information would result in a clearly unwarranted invasion of personal privacy. The opinion noted an exception for patrons owing fines on overdue books. (***)
The full text of the OIP Opinion Letter No. 90-30 is available through the ALA Washington Office web site.
(***)Arlene Bielefield and Lawrence Cheeseman, Maintaining the Privacy of Library Records: A Handbook and Guide (New York: Neal-Schuman Publishers, Inc., 1994), 87.
The following records are exempt from disclosure:
(1) Records, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the general public.
(2) Archaeological and geologic records concerning exploratory drilling, logging, mining and other excavation, when such records are required to be filed by statute for the time provided by statute.
(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.
(5) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected.
Sec. 1-7. Each library subject to this Act is subject to the provisions of The Library Records Confidentiality Act [75 ILCS 70/1 et seq.].
Section 75 ILCS 70/1. [Confidentiality of records; statistical reports
permitted].
1.(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.
Section 75 ILCS 70/2. [Short title].
Sec. 2. This Act may be cited as the Library Records Confidentiality Act.
Section 5 ILCS 140/7. Freedom of Information Act. Exemptions.
(1) The following shall be exempt from inspection and copying:
(l) Library circulation and order records identifying library users with specific materials.
Introduced: HB 0201 (January 13, 2005)
Status:
Assigned to State Government Administration Committee (1/26/05)
Status: Re-Referred to Rules Committee (3/10/05)
Sponsor: Rep. Jay C. Hoffman
Synopsis: Amends the Freedom of Information Act. Provides that materials prepared or compiled with respect to internal audits of public universities shall not be exempt from inspection and copying. Effective immediate.
Note: This might apply to audits of library records.
(a) The following public records are excepted from section 3 [IC 5-14-3-3] of this chapter and may not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public agency under specific authority to classify public records as confidential granted to the public agency by statute.
(b) 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; or
(B) deposited with or acquired by a library upon a condition that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in the documents under which the deposit or acquisition is made; or
(iii) after the death of persons specified at the time of the acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts entered into by the Indiana state library pursant to IC 4-1-6-8.
(c) Notwithstanding section 3 of this chapter, a public agency is not required to create or provide copies of lists of names and addresses, unless the public agency is required to publish such lists and disseminate them to the public pursuant to statute. However, if a public agency has created a list of names and addresses, it must permit a person to inspect and make memoranda abstracts from the lists unless access to the lists is prohibited by law. The following lists of names and addresses may not be disclosed by public agencies to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state institution of higher education or of persons involved in programs or activities conducted or supervised by the state institution of higher education.
(3) A list of students who are enrolled in a public school corporation if the governing body of the public school corporation adopts a policy:
(A) prohibiting the disclosure of the list to commercial entities for commercial purposes; or
(B) specifying the classes or categories of commercial entities to which the list may not be disclosed or by which the list may not be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may not discriminate among similarly situated commercial entities.
(d) Nothing contained in subsection (b) shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.
(e) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption, shall be made available for inspection and copying seventy-five (75) years after the creation of that record.
(f) Notwithstanding subsection (e) and section 7 [IC 5-14-3-7] of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the ordinary course of business.
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:
.....
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.
14. 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.
(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:
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(7) Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution.
(23) Library patron and circulation records which pertain to identifiable individuals.
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(b) Except to the extent disclosure is otherwise required by law or as appropriate during the course of an administrative proceeding or on appeal from agency action, a public agency or officer shall not disclose financial information of a taxpayer which may be required or requested by a county appraiser or the director of property valuation to assist in the determination of the value of the taxpayer's property for ad valorem taxation purposes; or any financial information of a personal nature required or requested by a public agency or officer, including a name, job description or title revealing the salary or other compensation of officers, employees or applicants for employment with a firm, corporation or agency, except a public agency. Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of particular reports or returns and the items thereof.
(c) As used in this section, the term "cited or identified" shall not include a request to an employee of a public agency that a document be prepared.
(d) If a public record contains material which is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record which is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the public agency shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals' identities are reasonably ascertainable, the public agency shall not be required to disclose those portions of the record which pertain to such individual or individuals.
(e) The provisions of this section shall not be construed to exempt from public disclosure statistical information not descriptive of any identifiable person.
(f) Notwithstanding the provisions of subsection (a), any public record which has been in existence more than 70 years shall be open for inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and amendments thereto.
Kentucky law does not exempt library records from public scrutiny. However, Attorney General opinions exclude public and university library records from disclosure. Under Kentucky's open records statutes, Attorney General opinions carry the force of law.(***)
The two
opinions can be viewed on the ALA Washington Office web site.
OAG 82-149 (March 12, 1982)
OAG 81-159 (April 21, 1981)
(***)Arlene Bielefield and Lawrence Cheeseman, Maintaining the Privacy of Library Records: A Handbook and Guide (New York: Neal-Schuman Publishers, Inc., 1994), 95-6.