The Tipp City Public Library protects the privacy of library records and the confidentiality of patron use of the library as required by relevant laws. In addition, the Tipp City Public Library Board supports the principle of freedom of inquiry for library patrons, and has adopted this policy to protect against the unwarranted invasion of the personal privacy of library users.
Legal requirements
The relevant Ohio laws concerning the confidentiality of library records Is found in the Ohio Revised Code Chapter 149, Documents, Reports, and Records
Under Section 149.432 (Releasing library record or patron information) library records which indicate the identity of any individual who borrows or uses the library’s documents or other materials, resources or services may only be disclosed:
- records that document improper use of the internet at the library so long as any patron information is removed from those records, or
- records may be released for administrative library purposes, including establishment or maintenance of a system to manage the library records or to assist in the transfer of library records from one records management system to another, a compilation of statistical data on library use, and collection of fines and penalties, or
- A library record or patron information shall be released upon the request or with the consent of the individual who is the subject of the record or information.
- In accordance with a subpoena, search warrant, or other court order;
- To a law enforcement officer who is acting in the scope of the officer’s law enforcement duties and who is investigating a matter involving public safety in exigent circumstances.
A library shall not release any library record or disclose any patron information except in the following situations:
- If a library record or patron information pertaining to a minor child is requested from a library by the minor child’s parent, guardian, or custodian, the library shall make that record or information available to the parent, guardian, or custodian in accordance with division (B) of section 149.43 of the Revised Code.
Rules to be followed by library staff
As required by state law, library staff may only disclose library records indicating the identity of library users under the following conditions:
- disclosure to staff members of the Tipp City Public Library, and the staff of other libraries and library systems only according to written procedures that comply with the laws cited above and that are approved by the director
- disclosure as authorized by the individual library user
- disclosure to custodial parents or guardians of children under the age of 16 (see below for handling of requests from custodial parents or guardians)
- disclosure pursuant to court order (see below for handling of different types of court orders)
- if someone’s life or safety is at risk, library records may be released to appropriate individuals or officials without a court order
- Library staff must refer all requests for library records and all requests for information about particular library users to the library director or the library director’s designee.
- Library staff are not allowed to share information about the use of library resources and services by identified library patrons except as necessary for the performance of their job duties and in accordance with procedures approved by the library director and/or board.
Handling requests from custodial parents or guardians of children under the age of 16
The requestor must be the child’s “custodial parent,” defined as any parent other than a parent who has been denied periods of physical placement with a child. The Library staff will:
- request identification
- if the requestor is the parent or guardian listed on the child’s library record and the requestor resides at the same address, the staff may provide the requested information; otherwise, the staff will
- obtain a completed and signed “Request for Access to Child’s Library Record” form to help ensure that the requestor is indeed the child’s custodial parent or guardian and that the requestor has not been denied periods of physical placement with the child.
- The staff may then grant the request or refer the request to the Library Director or designee.
The Library staff will attempt to satisfy the request as soon as practicable and without unreasonable delay. In most cases, this will be at the time of the request. If there is a question of the requester’s guardianship, the staff person may delay the request until review by the Library Director and/or Library Board. If a request is denied by the Library staff, the requester can appeal in writing to the Library Board.
Normal photocopy/printing charges will be assessed to the requester for copies of records provided..
Handling of court orders
[Note: All search warrants are court orders, but not all subpoenas are court orders. Library staff may not disclose library records in response to a subpoena that is not a court order if those records indicate the identity of library users.]If a law enforcement officer (or anyone else) brings a subpoena directing library staff to produce library records:
- Notify the library director, or if the director is not available, notify the highest-ranking staff person on duty.
- The library director or the highest-ranking staff person should ask the municipal attorney (or library counsel) to review the subpoena.
- If the subpoena has any legal defects, require that the defects be cured before records are released.
- If appropriate, ask legal counsel to draft a protective order to be submitted to the court keeping the requested information confidential and limiting its use to the particular case.
- Follow legal counsel’s advice for compliance with the subpoena.
If law enforcement officers bring a court order in the form of a search warrant:
- A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request to delay the search.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
If FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA):
- A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
- It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).