Full Text
Confidentiality Policy Page 1 of 5 Approved by City Manager: May 2024 Approved Library Advisory Board: 05/28/24 Pending Approval by Legal Counsel All policies available at belgradelibrary.org. CONFIDENTIALITY POLICY The Library Advisory Board and staff of Belgrade Community Library respect the privacy of library patrons in accordance with the United States Constitution and the Constitution of the State of Montana. Under MCA 22-1-1101 (Montana Library Records Confidentiality Act), patron library records, including those of minors, will not be revealed to anyone without written permission of the library patron, or under a court ordered subpoena, or under certain provisions contained in local, state, and federal law. Any employee or volunteer who discloses information in violation of this policy commits an offense and may be subject to criminal prosecution. The intent of the law is not to withhold information, obstruct justice, or protect criminals, but to ensure that a citizen’s right to privacy is not violated. Belgrade Community Library subscribes to all provisions, responsibilities, and remedies inherent in applicable Montana Code Annotated 22-1-1101 to 22-1-1111 (attached). Court-ordered warrants or subpoenas requesting disclosure of confidential library information will be referred to the Library Director. The Director will submit these to the Belgrade City Attorney’s office for approval prior to dispersal of information. In the Director’s absence, staff will contact the City Manager. The USA Patriot act allows the FBI to seek the library records of any patron suspected of terrorist activities without first obtaining a search warrant or showing probable cause. However, the wording explicitly allows the recipient of the order to consult with an attorney and to obtain legal advice or assistance “with respect to the production of things in response to the order.” An excerpt from the Montana State Library Trustee Manual regarding the USA Patriot Act is attached. Patrons may view their library record at any public access computer, or by using the Library’s online system via the Internet. If patrons wish to have their checkout history stored within their account, they can do so via the library’s online catalog, or by asking a staff member to turn on their checkout history. MINORS If a parent or guardian of a minor (someone under 18 years of age) is named on the minor’s account and holds financial responsibility for the account, they may receive account information under the following conditions: 1. The guardian is in possession of the library card for the minor’s account OR 2. The guardian can verify their identity as the individual named on the account as outlined through staff registration procedures. Cardholders 12 years of age or older can remove a guardian from their account by presenting their own photo identification and proof of address and signing the “Assumption of Financial Responsibility by a Minor” form. ---PAGE BREAK--- Confidentiality Policy Page 2 of 5 Approved by City Manager: May 2024 Approved Library Advisory Board: 05/28/24 Pending Approval by Legal Counsel All policies available at belgradelibrary.org. ELECTRONIC INFORMATION COLLECTED THROUGH THE PUBLIC CATALOG AND THE INTERNET Records linking patrons and library checkouts are retained for the purpose of inventory. After checkout and return of materials, information linking patrons and items is automatically expunged, except for the purpose of fine and/or material collection. Items requested as holds may still be linked to patrons’ accounts for some time. Library staff can assist patrons with enabling checkout history, if desired, which will retain a record of checkouts linked to their account should they desire to be informed if they have already borrowed that specific item in the past. The Library does not collect information from internet activity specifically linking patrons and activity. OUTSIDE INTERNET LINKS TO OTHER WEBSITES Once linked to outside websites and pages, patrons should be aware that their activity falls outside this privacy statement. Other sites may collect and use data linking patrons and activity. ---PAGE BREAK--- Confidentiality Policy Page 3 of 5 Approved by City Manager: May 2024 Approved Library Advisory Board: 05/28/24 Pending Approval by Legal Counsel All policies available at belgradelibrary.org. ASSUMPTION OF FINANCIAL RESPONSIBILITY BY A MINOR I agree to assume responsibility for all materials checked out on my account including any fines, fees, or other charges that are accrued through use of this account. By assuming this responsibility, any guardian or other financially responsible individual previously listed on my account will be removed from the account and no longer have any financial responsibility for fines, fees, or other charges associated with this account. No individual except the card holder will be provided access to account information or use of this account unless granted written permission by the cardholder using the Confidential Records Disclosure form. PLEASE PRINT Patron Name Patron Library Card Number Patron Signature Date Staff Initials for Confirmation This form and subsequent releases will be kept on file until otherwise requested by the patron. ---PAGE BREAK--- Confidentiality Policy Page 4 of 5 Approved by City Manager: May 2024 Approved Library Advisory Board: 05/28/24 Pending Approval by Legal Counsel All policies available at belgradelibrary.org. CONFIDENTIAL RECORDS DISCLOSURE FORM RELEASE OF LIBRARY RECORDS By my signature below I give written consent for Belgrade Community Library to disclose my library records and grant use of my library account to the person(s) listed. I understand that I must give written permission to release my library records. I understand that Article II Part II Section 15 of the Montana Constitution states: "Rights of persons not adults. The rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons." PLEASE PRINT My Name My Library Card Number Name of the person(s) to whom my library record(s) may be released: Signature Date This form and subsequent releases will be kept on file until otherwise requested by the patron. ---PAGE BREAK--- Confidentiality Policy Page 5 of 5 Approved by City Manager: May 2024 Approved Library Advisory Board: 05/28/24 Pending Approval by Legal Counsel All policies available at belgradelibrary.org. MONTANA CODE ANNOTATED 2023 TITLE 22. LIBRARIES, ARTS, AND ANTIQUITIES CHAPTER 1. LIBRARIES PART 11. LIBRARY RECORDS CONFIDENTIALITY ACT 22-1-1101. Short title. This part may be cited as the "Montana Library Records Confidentiality Act". History: En. Sec. 1, Ch. 476, L. 1985. 22-1-1102. Definitions. As used in 22-1-1103, the following definitions apply: "Library" means a library that is established by the state, a county, city, town, school district, or a combination of those units of government, a college or university, or any private library open to the public. "Library records" means any document, record, or any other method of storing information retained, received, or generated by a library that identifies a person as having requested, used, or borrowed library material or other records identifying the names or other personal identifiers of library users. Library records does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general or records that are not retained or retrieved by personal identifier. History: En. Sec. 2, Ch. 476, L. 1985. 22-1-1103. Nondisclosure of library records. No person may release or disclose a library record or portion of a library record to any person except in response to: a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or an order issued by a court of competent jurisdiction, upon a finding that the disclosure of such record is necessary because the merits of public disclosure clearly exceed the demand for individual privacy. A library is not prevented from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation if those reports are presented so that no individual is identified therein. Library records may be disclosed to the extent necessary to return overdue or stolen materials or collect fines. History: En. Sec. 3, Ch. 476, L. 1985. 22-1-1104 through 22-1-1110 reserved. 22-1-1111. Penalty. Any person who violates 22-1-1103 is guilty of a misdemeanor and is liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $100, whichever is greater. Reasonable attorney fees and the costs of bringing the action may be awarded to the prevailing party. History: En. Sec. 6, Ch. 476, L. 1985. Accessed 02/14/24