CCLS Procedures for Implementing the Confidentiality of Library Circulation Records Policy

CCLS Procedures for Implementing the 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 … • Review the components of the Chester County Library System Confidentiality of Library Circulation Records Policy.. • Know the procedure to follow when a you receive a request for a patron records. 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

First: A patron’s library circulation record shall not be made available to any third party, including law enforcement, except when a court order in proper form, issued by a court of law in a criminal proceeding is presented. 5

Second: No library employee or volunteer may release library records or reveal information about a library user to ANY third party or law enforcement officer unless authorized to do so by the CCLS Executive Director or the Library Director depending who is Custodian of Record. NOTE: In all circumstances, without exception, employees and volunteers shall follow the procedures set forth in the Procedures for Staff for Implementing of Confidentiality of Library Records . 6

How you apply the procedures for implementing the confidentiality of library records policy depends on: 7

Type of Record/Information Library Circulation Records 8

Type of Record/Information Other Confidential Library Records The CCLS Board of Trustees of considers confidential: Includes any patron • The use of library information for which the materials in the member CCLS Executive Director is libraries. not custodian of records. • Requests for information or materials. • Reading listening or Information such as sign in viewing habits. sheets to use library’s PCs or • Other personally registration or attendance at identifiable uses of library a library program would fall materials, equipment or into this type of information. services. 9

Your Role Procedures you follow will vary depending on if you are general staff or a Library Director or Person in Charge. Be sure to check with your supervisor or Library Director to learn if you are a designated Person in Charge and what responsibilities and restrictions your library places on its Persons in Charge. 10

Who’s Requesting There are significant differences in how a request is handled if it is a general third party request a parent or employer or if it is a law enforcement officer. 11

Type of Request Is it an informal request meaning that there is no court order? Is it a formal request from law enforcement which includes a subpoena or search warrant? 12

Custodian of Records The Chester County Library System Executive Director is custodian of records for the CCL, Exton and Henrietta Hankin Branch Libraries AND the following “circulation records” for the Chester County Library System: • Any record/information (printed or electronic) located in the Sierra database. • Any Interlibrary Loan records/information (printed or electronic). • PCs that are leased and paid for by the Chester County Library System. • Information related to the network – this would include use of the Internet through wireless or hardwired connections in the library. 13

When dealing with incidents related to records or materials for which the CCLS Executive Director is Custodian of Records … at no time does any staff member, Library Director or Person in Charge have the authority to sign any document or statement, legal or otherwise, if requested to do so by law enforcement without the explicit approval of the CCLS Executive Director or the County of Chester Solicitor. If a law enforcement officer requests you sign a document, state, “I am not authorized to do so. I will refer you to the CCLS Executive Director who is the Custodian of Records” and then either call the Executive Director or provide the law enforcement officer with the contact information. 14

Other Confidential Library Information Generally the member library director not the CCLS Executive Director is custodian of records for “Other Confidential Library Information” 15

A significant difference between “other Confidential Library Information” and Circulation Records, is that the Public Library Code is very clear about the confidentiality of Circulation Records, but there is no case law to determine if information and records not included in the circulation integrated library system is also covered by the law. However, the Board of the Chester County Library System, through policy, has instructed staff to treat the above information as confidential and procedures have been established to handle requests for information from third parties or law enforcement for other confidential information. 16

What to do When you get a Request for Information for Patron Records or Other Confidential Information from Third Party This type of request could include a request from a family member or maybe an employer. 17

When you receive a request for “library circulation records” from a third party: • Maintain a positive manner. • Explain that under the Public Library Code and our library policy we may not give out information about other person’s (even a family member) circulation record. • If the person is persistent refer them to the Library Director or Person in Charge at the member library. 18

What to do When you get a Request for Information for Patron Records or Other Confidential Information from Law Enforcement 19

Both libraries and law enforcement have unique and important contributions to make to society Libraries protect a person’s First Amendment rights to free expression - the freedom to read, to listen and to view without interference or surveillance. 20

Both libraries and law enforcement have unique and important contributions to make to society Law enforcement enforces the laws of our free society thus protecting the safety of our communities. They take an oath to uphold the United States Constitution. 21

Request for Information for Patron Records or Other Confidential Information from Law Enforcement WITHOUT a court order 22

Since you are not a Library Director or Person in Charge with additional training and because law enforcement officers are trained in communication strategies to obtain the information they need to carry out the duties of their job, it is best practice and okay to say in a very polite manner, “I am not authorized to discuss this with you. I will refer you to someone who is”. Refer them to the Library Director or Person in Charge. This will ensure that you don’t accidently divulge information or say something that may be interpreted as permission to conduct a search. 23

Request for Information for Patron Records or Other Confidential Information from Law Enforcement WITH a court order 24

Subpoena A subpoena is an order directed to an individual commanding him or her to appear in court on a certain day to testify. A subpoena does not require an immediate response. Subpoena Duce Tecum A subpoena duce tecum is a subpoena ordering a person to appear in court and bring specified documents or records. A subpoena duce tecum does not require immediate compliance. 25

Adopt a courteous and neutral attitude. This is very important because you never want to give the impression that you are obstructing the serving of the subpoena in any way. IMMEDIATELY call to notify the Library Director, the Person in Charge or CCLS Executive Director who will deal with the law enforcement officer or agent. Since you are not a Person in Charge with additional training and because law enforcement officers are trained in communication strategies to obtain the information they need to carry out the duties of their job, it is best practice and required in some member libraries that you say in a very polite manner, “I am not authorized to accept this or discuss this with you. I will refer you to someone who is” and then refer them to the Library Director or Person in Charge. This will ensure that you don’t accidently divulge information or say something that may be interpreted as permission to conduct a search. 26

A search warrant is a court order issued by a judicial officer – a judge or a magistrate. It can be federal, state or local. Unlike subpoenas, in which there is usually time to contact an attorney, search warrants are immediately executable. The execution of a search warrant can be abrupt and effected by force or threat of it. 27

Adopt a courteous and neutral attitude. This is very important. Do not do anything that may be interpreted as obstruction of the search. . IMMEDIATELY call to notify the Library Director, the Person in Charge or CCLS Executive Director who will deal with the law enforcement officer or agent. Again, since you are not a Person in Charge with additional training and because law enforcement officers are trained in communication strategies to obtain the information they need to carry out the duties of their job, it is best practice and required in some member libraries to say in a very polite manner, “I am not authorized to accept this or discuss this with you. I will refer you to someone who is” and then refer them to the Person in Charge. This will ensure that you don’t accidently divulge information or say something that may be interpreted as permission to conduct a search. 28

Library staff may be forbidden by law to disclose to anyone except those in the chain of command and the library’s legal counsel. • That the warrant was served • What records were produced • The identity of the person being investigated 29

Some absolutes when dealing with a law enforcement officer who has presented a COURT ORDER: • ALWAYS adopt a courteous and neutral attitude. • IMMEDIATELY contact your Library Director, Person in Charge or the CCLS Executive Director. • DO NOT photocopy identification – it is illegal to do so. • DO NOT provide records/information without seeing identification. • DO NOT indicate in any way that you consent to a search nor do anything that may be interpreted as obstructing a search. • DO NOT sign anything, legal or otherwise if requested to do so by law enforcement, without the explicit approval of Library Director or CCLS Executive Director 30

When the media stop in… Successful and mutually responsible relationships with members of the media can have a positive effect on your library’s image. Most libraries have a media communication protocol in place especially when talking with the media after an incident. 31

ALL requests from the media regarding incidents involving information for which the CCLS Executive Director is the custodian of records should be referred to the • CCLS Executive Director • CCL, Exton Public Relations Specialist • County of Chester Solicitor 32

Much like law enforcement officers, media representatives are trained in communication strategies that increase the likelihood of them getting the answers to their questions. If a media representative pressures you for information, Say: “Our Public Relations Specialist can answer that for you. You can contact her at XXX-XXX-XXXX. OR May I have your name and contact information to give to our Public Relations Specialist so she can contact you?” Immediately call the Public Relations Specialist/CCLS Executive Director to advise them that the media has contacted you! 33

CCLS Incident Report Form A CCLS Incident Report Form must be completed for the following: • Informal inquiry (no court order) from law enforcement • Formal request (subpoena or search warrant) from law enforcement • Request from third party (not resolved). You should also communicate as soon as possible, to the CCLS Executive Director that you have referred a person to them because you were not able to satisfactorily resolve the issue relating to the person’s request for confidential information. 34

35

The Chester County Library System’s commitment to confidentiality has deep roots not only in the law but also in the ethics and practices of librarianship. \"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.\" 36

The CCLS Board of Trustees has approved the CCLS Confidentiality of Library Records Policy to protect the confidentiality of all library users, no matter their age. The Chester County Library System has established guidelines for consistent and effective implementation of the Confidentiality of Library Records. 37

38

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! 39

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. 40