The records of patron use of Library resources, materials or services are confidential per the laws of the State of New Jersey (see footnote #1). In accordance with the American Library Association’s Code of Ethics (see footnote #2), the staff and Trustees of the Mahwah Public Library recognize the need to protect library users’ right to confidentiality regarding the questions asked and the materials borrowed.
All records concerning library users and materials used or checked out by users are confidential and will not be made available to any other person or agency of the federal, state, county or local governments unless a court order, subpoena or search warrant requiring disclosure has been entered by a court of competent jurisdiction or persons acting within the scope of their duties in the administration of the library.
As a public institution, the Library is legally required to comply with information requests pursuant to the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruction Terrorism Act, P.L. 107-56, Oct 26, 2001). In providing information pursuant to this act or by other court order, the Library shall follow the following procedures.
Under the USA Patriot Act, the person whose records are subject to a search warrant may not be notified that a search warrant has been served. A supervisor or the Library’s attorney may be contacted without a violation of the act. Staff shall not inform anyone else of the existence of the search warrant.
The act absolves all institutions and employees from any liability for releasing personal information in compliance with a FISA search warrant. If a staff member fails to comply with an information request, or if information respecting a search warrant is disclosed other than to a supervisor or the Library’s attorney, the staff member may be held legally liable for such failure to comply, including being charged with contempt of court.
If any staff member has any questions concerning this policy, he/she should direct their questions to the Library Director. The Library Director, after consulting with the Library’s attorney, will respond to the inquiry.
Policy adopted: 10/15/2008
Last Reviewed: 5/15/2013
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N.J.S.A § 18A:73-43.1 (2005), “Library,” “library record” defined
a. “Library” means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.
b. “Library record” means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.
N.J.S.A. 18A:73-43.2 Confidentiality of library user’s records
Library records which contain the names or other personal identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:
a. The records are necessary for the proper operation of the library.
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpoena issued by a court or a court order.
American Library Association’s Code of Ethics (1995) Section 3:
‘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.”
100 Ridge Road, Mahwah, NJ, 07430 201.529.READ
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