CCLS Confidentiality of Library Circulation Records Policy

CCLS Confidentiality of Library Circulation Records Policy Rev. 2018 EMA http://www.ccls.org

Notes about this Learning Module • Please review the links to documents and websites in this module. Information in these references could be part of the final quiz! • The Quiz button will take you the module quiz. • The Fill Out CE Form button will take you to the CE form. • Directions for navigating the module plus printing and saving your quiz results: User Guide Any other questions? Please email the Staff Development Coordinator 2

What you will Learn … • Understand the components of the Chester County Library System Confidentiality of Library Circulation Records Policy • Understand the patron’s confidentiality rights when they use library resources. 3

QUIZ • There is a 10 point quiz at the end of this learning module. • You need to get 100% on the quiz to get credit for completing the learning module. 4

Confidentiality and Libraries Public library service is based on the First Amendment of the United States Constitution Inherent in this right is the freedom to read, to listen and to view without surveillance. 5

The Chester County Library System (CCLS) is committed to patron privacy and confidentiality. The CCLS Board of Trustees affirms the Code of Ethics of the American Library Association which states, \"We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired, or transmitted.” 6

Public Library Code 24 C.S. §9375. Privacy of circulation records. Records of the following institutions which relate to the circulation of library materials and contain the names or other personally identifying information of users of the materials shall be confidential and may not be made available to anyone except by a court order in a criminal proceeding: All member libraries are institutions that fall into one of the six categories listed ! 1. The State Library. 2. A local library established or maintained under the provisions of this chapter. 3. The library of a university, college or educational institution chartered by the Commonwealth. 4. The library of a public school. 5. A library established and maintained under a law of this Commonwealth. 6. A branch reading room, deposit station or agency operated in connection with a library described in this section. 7

8

The CCLS Confidentiality Policy addresses two main categories of library records. First: Circulation records for which the confidentiality is protected by state law. 9

Second: “Other Library Confidential Information” This is information Such things as use of materials in the for which the CCLS Board has library, reference established policy that requires questions and other staff in member libraries to personally identifiable maintain the confidentiality of uses of the library such information except by a court order in a criminal proceeding. 10

Circulation Records • User’s personally identifiable information • The borrowing of member libraries materials • Interlibrary loan records • Internet and electronic resource records • Other personally identifiable uses of the CCLS integrated library system(Sierra) and the CCLS network 11

Other Confidential Library Information • Use of library materials in the member libraries • Requests for information or materials by author, title or subject • Reading, listening or viewing habits related to author, title or subject • Other personally identifiable uses of library materials, equipment, or services. 12

Implied Consent CCLS interprets possession of a CCLS library card (or card number in a phone or email request) as consent to use it unless it has been reported lost or stolen or there is reason to believe that consent has not been given. 13

The CCLS Borrowing Policy Regulations and Procedures state “Patrons must report lost or stolen cards in order to avoid being held responsible for materials checked out on their cards” Staff who issue library cards should be having this conversation with a person when they apply for their library card. Staff should explain the importance of safeguarding a person’s library card. If you have reason to believe that the person presenting the card is not the cardholder AND you believe for some reason or have information to indicate that possession of the card was wrongfully obtained, you should not provide information about the cardholder to the person nor should you check out materials to the person. 14

Videotaping and Photographing Persons attending library programs or public meetings may be videotaped or photographed as an audience member. These images may be used for libraries’ programming or promotion, including the libraries’ websites, the Internet and other media. 15

This statement is included in the CCLS confidentiality policy as a disclaimer: “While there generally is no expectation of privacy in a public space, it is best practice to make the person/people aware that you are taking photos and give them the opportunity to “step out” of the picture. This is especially true when minors are involved.” 16

Security Cameras Security cameras are installed in some member libraries. Only authorized staff may view recordings. Libraries’ security camera recordings may be available for view to others upon receipt of an open records or law enforcement request. Requests should be made to the member library where the cameras are installed. 17

Confidentiality: Regardless of Age Section 9375 of the Public Library Code protects the confidentiality of ALL circulation records, regardless of age. 18

Staff of member libraries may not share a minor’s, circulation record even with a parent or legal guardian. This can sometimes be a difficult conversation to have with the parent or legal guardian who has signed the library card application for the minor stating that they agree to be financially responsible for the minor’s use of the card and to pay any charges incurred. Legally, we are not allowed to tell the parent or legal guardian the title of a book that is overdue. 19

USA Patriot Act & Federal Laws CCLS policy states to compliance with federal laws such as the USA PATRIOT Act (2001; P.L. 107-56) which allows access to library information by law enforcement agencies by proper legal order. 20

Custodian of Records The custodian of “circulation records” is the Chester County Library System Executive Director. . The custodian of “other library records” for records further considered confidential by the CCLS Board of Trustees is determined by the member library at which the “other library record” is maintained” or the transaction occurred. Never sign any document or statements, legal or otherwise without approval from either the CCLS Executive Director or the County of Chester Solicitor. 21

The CCLS recognizes its obligation to protect user confidentiality to the extent possible within the framework of the law. The Library’s response to legal orders will be guided by the advice of the County Solicitor’s Office 22

You are now ready to test your knowledge! QUIZ Please Fill out your Continuing Education Form! Fill Out CE Form Thanks for taking this Learning for Success Module! 23

This publication is produced by the Chester County Library. © 2018 LMA The Chester County Library System is committed to equal access to programs, facilities and employment for all persons. 450 Exton Square Parkway, Exton PA 19341 Phone: 610-280-2600 ~ Fax 610-280-2688 ~Home Page: http://www.ccls.org0471. 24