The
confidentiality policy of the Adel Public Library is based on the
First and Fourth Amendments of the U.S. Constitution, the Iowa
Code, and professional ethics.
First Amendment: Congress shall make no law…abridging the freedoms of speech…
Fourth Amendment: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.
Code of Iowa 22.7 “Examination of Public Records (Open Records)”
22.7 Confidential records.
The following public records shall be kept confidential, unless otherwise ordered
by a court, the lawful custodian of the records, or by another person duly authorized
to release such information….
13. The records of a library which, by themselves or when examined with other
public records, would reveal the identity of the library patron checking out
or requesting an item or information from the library. The records shall be released
to a criminal or juvenile justice agency only pursuant to an investigation of
a particular person or organization suspected of committing a known crime. The
records shall be released only upon a judicial determination that a rational
connection exists between the requested release of information and a legitimate
end and that the need for the information is cogent and compelling.
18. Communications not required by law, rule, procedure, or contract that are
made to a government body or to any of its employees by identified persons outside
of government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
Professional ethics: “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.” (Source: Code of Ethics
of the American Library Association)
Section B. Confidentiality Policy
Confidentiality is essential to protect the exercise of First and Fourth Amendment
rights. In accordance with First and Fourth Amendments of the U.S. Constitution,
the Iowa Code and professional ethics, the Board of Trustees of the Adel Public
Library respects the privacy of users and recognizes its responsibility to protect
their privacy.
1. The library will not reveal the identities of individual users nor reveal
the information sources or services they consulted, borrowed or acquired by law.
Confidentiality extends to information sought or received and materials consulted,
borrowed or acquired. Confidentiality includes databases search records, reference
interviews, interlibrary loan records, computer use records, and all other personally
identifiable use of library materials, facilities or services.
2. The library will hold confidential the names of card holders and their registration
and not provide access for private, public or commercial use.
3. The lawful custodian of the records is the Director of the Library.
4. The library will not release registration, circulation or other records protected
under the Iowa Code unless it is required by law to release the information.
Circumstances which may require the library to release the information include
the following:
A. A criminal or juvenile justice agency
is seeking the information in pursuant to an investigation
of a particular person or organization suspected of committing
a known crime and the criminal or juvenile justice agency
presents the library Director with a court order demonstrating
that there has been a judicial determination that a rational
connection exists between the requested release of information
and a legitimate end and that the need for the information
is cogent and compelling.
B. The library receives a Warrant for the information issued under the
USA Patriot Act (which includes amendments to the Foreign Intelligence
Surveillance Act and the Electronic Communications Privacy Act).
C. The library receives a National Security Letter seeking the information
pursuant to the USA Patriot Act.
D. The library receives a valid court order requiring the library to
release registration, circulation or other records protected under the
Iowa Code and the information is not sought in conjunction with a criminal
or juvenile justice investigation.
Section C. Procedures for enforcing the
policy on confidentiality of library records.
1. The library staff member receiving a request to examine or obtain information
relating to registration records or circulation records or other records
identifying the names of library users, shall immediately refer the requestor
to the Director, the official custodian of the records. (To prevent any misunderstanding,
the staff member should avoid discussing with the person making the request
what user information may or may not be available, or what the library can
or cannot do.)
If the library Director is not available (such as during evenings or weekends
or away on business) inform the requestor when the Director will be available.
If pressed to act sooner, contact the Director immediately whether the Director
is away on business or at home. In the event the Director cannot be reached,
the highest ranking person on duty is responsible for working with the requestor.
2. The library Director shall meet with the requestor for the information.
If the requestor is a law enforcement officer the officer must have a court
order, a warrant issued under the USA Patriot Act, or a National Security
Letter (NSL) issued under the USA Patriot Act to receive the requested records.
If the officer does not have a proper court order, warrant, or NSL compelling
the production of records, the library Director shall refuse to provide the
information. The library Director may explain the confidentiality policy
and the state’s confidentiality law, and inform the agent or officer
that users’ records are not available except when a proper court order
in good form has been presented to the library.
3. If the records requested cover registration, circulation or other records
protected under the Iowa Code, and the Director is uncertain about whether
the order, or subpoena presented to the library Director is sufficient to
require release of the records, the library Director may immediately consult
with the legal counsel to determine if such process, order, or subpoena is
sufficient to require release of the records.
4. If any written request, process, order, or subpoena is not in proper form
or does not otherwise appear to be sufficient to support releasing the records,
the library Director shall insist that such defects be cured before any records
are released.
5. If the library Director or the Director in consultation with library’s
attorney determine that the order, warrant, or NSL, is sufficient and compels
the release of the records, the library Director shall release the records.
6. If the request is made pursuant to the USA Patriot Act, the library Director
is authorized to obtain legal counsel regarding the request. As required
by the USA Patriot Act, the library Director may not discuss the request
with anyone other than legal counsel.
7. If the requestor is not a law enforcement officer and has not presented
any type of court or administrative order requiring release of the requested
information, the library Director shall refuse to provide the requested records.
The library Director may explain the confidentiality policy and the state’s
confidentiality law.
8. The library Director is authorized to take legal action (such as moving
to quash a subpoena) to resist releasing requested registration, circulation
or other records protect under the Iowa Code if the library Director and
the library’s legal counsel deems such action to be appropriate.
9. Any threats or unauthorized demands (i.e. those not supported by a written
request, process, order, or subpoena) concerning circulation and other records
identifying the names of library users shall be reported to the Director.
10. Any problems relating to the privacy of circulation and other records
identifying the names of library users which are not provided for above shall
be referred to the Director.
Adopted 2/3/04
