Preface

Privacy of library records is a central tenet of the profession as affirmed by the American Library Association’s Code of Ethics (http://www.ala.org/Content/NavigationMenu/Our_Association/Offices/Intellectual_Freedom3/Statements_and_Policies/Code_of_Ethics/Code_of_Ethics.htm). This tenet is upheld by Florida Statute 257.261, which protects the privacy of citizens with regard to their required personal information in library patron databases and materials they have checked out of libraries. While this statute specifically serves public libraries, academic libraries such as the FAU Libraries, are included because they are open to the public and thus fall under this same statute.

According to the statute, only with proper judicial order or documentation may a third party such as a law enforcement agency request such information from library staff. However, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Public Law 107-56, available online at http://www.epic.org/privacy/terrorism/hr3162.pdf), which was signed into law on October 26, 2001, allows for broader access to private information by law enforcement agencies.

 

Policies

It is the policy of the FAU Libraries to protect the confidentiality of library patrons to the extent permitted under state and federal laws. However, the FAU Libraries will comply with all lawfully issued court orders and subpoenas properly served upon them and furnish the documents and materials specifically listed in the court order or subpoena.

1. It is further understood that compliance with validly issued court orders does not eliminate the right of the University to challenge their issuance in proper legal matter.
2. The FAU Libraries may seek the advice of the General Counsel and Chief of University Police on all requests for searches of library records, on the scope and content of the applicable laws pertaining to that particular search, and on compliance with the search of library and patron records.
3. Library records include electronic, print, and other forms of patron information. The FAU Libraries, with the Florida Center for Library Automation (FCLA), retain specific information for the regular operation of library business. However, archives of library records may not be readily available or in fact retained on a permanent basis.
4. Each department in Library Services is responsible for adherence to these policies and procedures. All library personnel, including student assistants and volunteers, are to be fully informed on this policy and procedure and on their own role if such situations arise. These policies are posted on the library website and in the library building.

 

Procedures

1. The Director of the FAU Libraries or the Director’s designee will be the person responsible for handling all law enforcement requests. If a law enforcement agent or officer approaches any library employee or volunteer, they should ask for identification and then immediately refer them to the Director or the Director’s designee.
2. All FAU Libraries employees and volunteers will understand that they have no authority to answer the questions of agents or officers, nor to order compliance with any court order or subpoena. It is lawful to refer the agent or officer to the Director or designee, and library employees and volunteers are under no obligation to respond immediately to any request from agents or officers. Without a court order, law enforcement officials do not have the authority to compel cooperation with an investigation or require answers to questions, other than the name and address of the person speaking to the officer.
3. Only under circumstances where a library employee or volunteer believes that an emergency involving immediate danger of death, serious physical injury, or substantial damage to property will they be permitted to disclose personal and/or circulation information about a patron to law enforcement officials.
4. If the agent or officer does not have a court order compelling the production of records, the Director or designee will explain the FAU Libraries’s confidentiality policy as well as state law and inform them that the records are not available until a court order or subpoena in proper form is issued and presented to the Director or designee. A valid court order must be issued before a law enforcement agent or officer places software or hardware on FAU Libraries’s computer servers or other information technology.
5. After the visit, all FAU Libraries staff and volunteers must adhere to any restrictions in the warrant about sharing the information with others. USA PATRIOT Act-issued warrants may specifically charge that any person or institution served with a warrant will not disclose that a warrant was served or that documents were produced pursuant to the warrant.
6. Only the FAU Libraries Director or the Director’s designee will be prepared to discuss the matter with the media if necessary.
7. The FAU Libraries Administration Office will retain a log of all requests for such records.