Privacy of Library Records Policy

Adopted: 9-15-03
Amended: 4-19-04
Amended: 2-21-05

The New London Public Library protects the privacy of library records and the confidentiality of patron use of the library as required by relevant laws. In addition, the New London Public Library Board supports the principle of freedom of inquiry for library patrons, and has adopted this policy to protect against the unwarranted invasion of the personal privacy of library users.

Legal requirements

The relevant Wisconsin laws concerning the confidentiality of library records are Wisconsin Statutes Section 43.30 and the Wisconsin Personal Information Practices Act (Sections 19.62 to 19.80).

Under Section 43.30, library records that indicate the identity of any individual who borrows or uses the library’s documents or other materials, resources or services may only be disclosed:

1. with the consent of the individual library user
2. upon the request of a custodial parent or guardian of a child under the age of 16 or by court order
3. to persons acting within the scope of their duties in the administration of the library or library system, or
4. to other libraries (under certain circumstances) for interlibrary loan purposes [see ss. 43.30(2) and (3)].

Records indicating the identity of library users include a library users name, library card number, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.

Records held by the library that include personal identifiable information about library users may also contain information that must be provided to those who request that information, as required by Wisconsin’s public records law. Personally identifiable information about library users must be redacted from any records that are publicly disclosed, except as the records are disclosed under one of the four exceptions provided by Section 43.30 (see above).

Rules to be followed by library staff

1. As required by state law, library staff may only disclose library records indicating the identify of library users under the following conditions:
   •  
     • a. disclosure to staff members of the New London Public Library, and the staff of other libraries and library systems only according to written procedures that comply with the laws cited above and that are approved by the director
     • b. disclosure as authorized by the individual library user
     • c. upon the request of a custodial parent or guardian of a child under the age of 16
     • d. disclosure pursuant to court order (see below for handling of different types of court orders)
   • Library staff must refer all requests for library records and all requests for information about particular library users to the library director or to the New London City Attorney, in the director’s absence.
   • Library staff are not allowed to share information about use of library resources and services by identified library patrons except as necessary for the performance of their job duties and in accordance with procedures approved by the library director and/or board.

Handling of court orders

If a law enforcement officer (or anyone else) brings a subpoena directing library staff to produce library records:

1. Notify the library director, or if the director is not available, notify the New London City Attorney
2. The library director or reporting staff person will ask the New London City Attorney to review the subpoena.
3. If the subpoena has any legal defects, require that the defects be cured before records are released.
4. If appropriate, ask legal counsel to draft a protective order to be submitted to the court keeping the requested information confidential and limiting its use to the particular case.
5. Follow legal counsel’s advice for compliance with the subpoena.

If law enforcement officers bring a court order in the form of a search warrant:

1. A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
2. Request that the law enforcement officers wait until New London City Attorney is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request to delay the search.)
3. Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.

If FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA):

1. A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
2. Request that the law enforcement officers wait until the New London City Attorney is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request.)
3. Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
4. It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).

Notes:

• All search warrants are court orders, but not all subpoenas are court orders. Library staff may not disclose library records in response to a subpoena that is not a court order if those records indicate the identity of library users.

• A subpoena is a call to come to a court, and may include a direction to bring specified records. Not all subpoenas are court orders. The New London City Attorney can determine if a particular subpoena is a court order. A subpoena normally indicates that a response is required within a certain number of days. Library staff may not disclose library records in response to a subpoena that is not a court order if those records indicate the identify of library users.

• A search warrant is an order signed by a judge directing a law enforcement officer to conduct a search of a designated person, a designated object or a designated place for the purpose of seizing designated property or kinds of property.

• The USA Patriot Act amended the Foreign Intelligence Surveillance Act (FISA) to allow the FBI to apply for a court order requiring the “production of any tangible things (including books, records, papers, documents and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment…”