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Confidentiality
Policy
Approved:
March 13, 1997
The Daniel Boone Regional
Library (DBRL) recognizes that its circulation records and other records
identifying the names of library users are confidential in nature. In
order for DBRL to maintain the trust of patrons, it is imperative that
sensitive information remain confidential.
The following section
of the Missouri Revised Statutes 1994 clearly defines the responsibility
of DBRL in safeguarding patron information:
182.817 Disclosure
of Library Records Not Required - Exceptions. Notwithstanding the
provision 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.
Rationale
The following statement
of policy on confidentiality of library records (Adopted by the American
Library Association Council on January 20, 1971) applies:
"The Council
of the American Library Association strongly recommends that the responsible
officers of each library in the United States
a) formally adopt
a policy which specifically recognizes its circulation records and other
records identifying the names of library users with library materials
as confidential;
b) advise all librarians
and library employees that such records shall not be made available
to any agency of state, federal, or local government except pursuant
to such process, order, or subpoena as may be authorized under the authority
of, and pursuant to, federal, state, or local law relating to civil,
criminal, or administrative discovery procedures or legislative investigatory
power;
c) resist the issuance
or enforcement of any such process, order, or subpoena until such time
as a proper showing of good cause has been made in a court of competent
jurisdiction."
Operating
Principles
Library circulation
records identifying the names and addresses of library users, or identifying
individual users with library materials, shall not be made available to
any agency of state, federal, or local government or to any individual
except as provided in the law cited above.
Upon receipt of such legal process, order, or subpoena for circulation
records identifying the names of library users with library materials,
the library's officers will consult with their legal counsel to determine
if such process, order, or subpoena is in proper form and if there is
a showing of good cause for its issuance; if the process, order, or subpoena
is not in proper form, or if good cause has not been shown, the officers
will insist that such defects be corrected.
Such records shall
not be made available to any other individual so inquiring. This includes,
among other instances:
1. a request by
any individual(s) to know who currently has checked out an item in the
collection.
2. a request by
anyone who has found an item (library material, library card, etc.)
with a barcode appended to be given the name of the owner/borrower so
that the finder may return the item to the individual. Instead, a request
will be made that the finder return the item to the library where the
proper steps will be taken to notify the owner/borrower.
Procedures
Consistent with the
intent of Chapters 182.815 and 182.817 of the Missouri Revised Statutes
1994 (RSMo) regarding disclosure of library loan records, library staff
may release the titles of materials checked out on a particular borrower
card under the following conditions:
a) an individual
presents his/her library borrower's card or has presented valid I.D.
(Telephone requesters must supply their library card number in order
to access the onloan records);
b) an individual
presents a validated borrower's card (the possession of the card is
assumed to be approved by the cardholder since it has not been reported
stolen or missing. Access is provided to that specific borrower record
only.);
c) a parent or guardian
is present with a younger person, the parent/guardian presents valid
identification of themselves or the child. Parent(s) or guardian(s)
requesting onloan information without child present, according to RSMo
452.375.10, must provide valid identification and a written request
for the onloan records. At this point, the onloan records will be released;
d) a parent or guardian
calls from home with the child's card number for the onloan information;
e) a request is
received from a collection management agency for a list of the titles
which are causing the patron's account to be delinquent with more than
$150 of overdue materials. In this case, disclosure of overdue items
facilitates the return of materials or payment for materials.
Any other requests
for loan records should be directed to the Head of Circulation or designee,
or the Director of the Library. Deliberate and unauthorized breach of
confidentiality by staff can result in disciplinary action.
Any individual requesting
patron information who is not satisfied with an explanation of the library's
confidentiality policy should be referred to the Library Director.
Please Note:
The recently enacted USA
Patriot Act of 2001 may, in certain cases, supersede this policy.
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