LIBRARY CONFIDENTIALITY

Reference/Source: American Library Association – Privacy and Confidentiality and interpretation of Library Bill of Rights.

The College supports intellectual freedom and the right to read without fear of censure or reprisal. While the College observes state and federal laws regarding the disclosure of personal information in library records, it will protect, as far as possible, the privacy of any patron who uses the library.

Adopted: June 23, 1988
Reformatted: May 5, 2010
Revised: April 13, 2011
Revised: June 27, 2017

Procedure 6120A

LIBRARY CONFIDENTIALITY

Reference/Source: American Library Association – Privacy and Confidentiality and interpretation of Library Bill of Rights.

Library policy supports intellectual freedom and the right to read without fear of censure or reprisal.

In a library (physical or virtual), the right to privacy is the right to open inquiry without having the subject of one’s interest examined or scrutinized by others. Confidentiality exists when a library is in possession of personally identifiable information about users and keeps that information private on their behalf. Confidentiality extends to “information sought or received and resources consulted, borrowed, acquired or transmitted” (ALA Code of Ethics), including, but not limited to: database search records, reference questions and interviews, circulation records, interlibrary loan records, information about materials downloaded or placed on “hold” or “reserve,” and other personally identifiable information about uses of library materials, programs, facilities, or services (ALA Bill of Rights).

The Library observes state laws regarding the disclosure of personal information in library records. Access to and inspection of records kept by Hay Library shall be accomplished in accordance with the Wyoming Public Records Act, Wyoming Statute 16-4-203. This statute supports the following:Library circulation and registration records which may be required in controlling the use of library material are for the sole purpose of protecting public property and such records are not to be used directly or indirectly to identify the kinds of materials used by individual Library patrons, except insofar as the Library may be helpful to such patron in finding what he/she wants.

A custodial parent or guardian, upon proper identification, may request to inspect the records of a minor child. Under no circumstances shall staff of the Library ever answer to a third party about a patron’s use of library materials, equipment, programs, facilities or services. Furthermore, the Library shall not keep any records or logs detailing computer and/or internet access. Such information is privileged and, if divulged, would be an invasion of the patron’s privacy.

The Library observes state and federal laws, including the Family Educational Rights and Privacy Act (FERPA), regarding the disclosure of personal information in library records. The Library will never yield any information about its patrons’ use of library materials, equipment, programs, facilities or services to any government agency, whether local, state, or federal without an order from a court of competent jurisdiction. Any costs incurred by the Library in any search through patron records, even under court order, shall be chargeable to the agency demanding the search.

Administering the Policy
Any staff member receiving a request to examine or obtain information relating to circulation or registration records, and/or any information particular to a patron’s access to library materials, equipment, programs, facilities, or services, shall immediately refer the person making the request to the Director of Library Services or the acting Director.

The Director will explain the confidentiality policy to the inquirer and, if necessary, show the written copy of the policy and procedure.

Receipt of Court Order or Subpoena
Upon receiving such a receipt, the Director shall notify the Vice President for Student Learning who will consult the College attorney to determine if such an order or subpoena is in good form and if there is a showing of good cause for its issuance. The College President will notify the Board President of the court order or subpoena.

If the order or subpoena is not in proper form, or if good cause has not been shown, these defects shall be corrected before any records are released.

Unauthorized Demands
Any unauthorized demands not supported by an order or subpoena concerning circulation or registration records, and/or information regarding a patron’s access to Library materials, equipment, programs, facilities, or services shall be reported to the Vice President for Student Learning.

Approved: June 23, 1988
Reformatted: May 5, 2010
Revised: April 13, 2011
Revised: June 27, 2017