Kansas Library Association: Intellectual Freedom Manual

Confidentiality of Library Records




Sample Policy on Confidentiality of Library Records


NOTE: Issues to consider during the development of your library's patron confidentiality policy include management of computer use records and meeting room records, procedures for disposal of library records, release of juvenile information to parents, release of information to collection agencies and prodedures for responding to Patriot Act and other governmental requests for information and access to library records.


In recognizing the library's position of special trust with members of the public, the Board of Directors of the ___________________________________________________ Public Library wish to clarify their policy and responsibility with regard to confidential information about patrons (and patron use of the library resources) that comes into the library's possession. As the choice of books and other library materials, along with the use of the informational resources of the library is essentially a private endeavor on the part of each individual patron, the library shall make every reasonable and responsible effort to see that information about the patron and the individual information choices remain confidential. For people to make full and effective use of library resources they must feel unconstrained by the possibility that others may become aware of the books they read, the materials they use, the questions they ask. The awareness of existence of such a possibility inhibits free usage of the library, its resources and facilities, and is contrary to the ALA Library Bill of Rights and the Freedom to Read Statement. Therefore, the Board of Directors of the _______________________________________ Public Library have adopted the following guidelines concerning the disclosure of information about library patrons:

No information regarding or including:

1. A patron's name
2. Information regarding the status of an individual as a registered patron and/or library card number.
2. A patron's address.
3. A patron's telephone number.
4. A patron's e-mail address.
5. The library's circulation records and their contents.
6. The library's borrowers' records and their contents.
7. The number or character of questions asked by patrons.
8. The frequency or content of a patron's lawful visits to the library or
9. Any other information regarding a library patron supplied to or gathered by the library

shall be given, made available or disclosed to any individual, corporation, institution, government agency or agency without a valid process, order or subpoena. Upon presentation of such a process, order or subpoena, the library shall resist its enforcement until such time as a proper showing of good cause has been made in a court of competent jurisdiction. Patron registration and circulation records are exempt from the Kansas Open Records Law (K.S.A. 45-221 (23)).

All library employees (and those volunteers who work in its behalf) are hereby instructed to comply with these guidelines. The Board of Directors recognizes that it is only through continued public confidence in the fact that these guidelines are indeed being upheld that the public can maintain its confidence in the library. It is this confidence that is vital to the library's role in the community and the community's right to know.

[For suggestions on procedure, see Template for Law Enforcement Inquiries Guideline, New York Library Association, Intellectual Freedom Committee.]



When drafting local policies, libraries should consult with their legal counsel to ensure these policies are based upon and consistent with applicable federal, state, and local law concerning the confidentiality of library records, the disclosure of public records, and the protection of individual privacy. (See Interpretations to the Library Bill of Rights, including Access to Electronic Information, Services, and Networks and Privacy.)

Suggested procedures include the following1:

1. The library staff member receiving the request to examine or obtain information relating to circulation or other records identifying the names of library users must immediately refer the person making the request to the responsible officer of the institution, who shall explain the confidentiality policy.

2. The director, upon receipt of such process, order, or subpoena, shall consult with the appropriate legal officer assigned to the institution to determine if such process, order, or subpoena is in good form and if there is a showing of good cause for its issuance.

3. If the process, order, or subpoena is not in proper form or if good cause has not been shown, the library should insist that such defects be cured before any records are released.

4. The legal process requiring the production of circulation or other library records is ordinarily in the form of a subpoena duces tecum (bring your records) requiring the responsible library officer to attend court or to provide testimony at his or her deposition. It also may require him or her to bring along certain designated circulation or other specified records.

5. Staff should be trained and required to report any threats or unauthorized demands (e.g., those not supported by a process, order, or subpoena) concerning circulation and other records to the appropriate officer of the institution.

6. Any problems relating to the privacy of circulation and other records identifying the names of library users that are not provided for above shall be referred to the responsible officer.

1See also Confidentiality and Coping with Law Enforcement Inquiries: Guidelines for the Library and its Staff

Last revised: November 2, 2005