Dover Town Library

CONFIDENTIALITY/PRIVACY POLICY

Policies and Procedures in Regard to Patron Privacy and the Patriot Act of 2001

The Dover Town Library strives to protect the privacy of library patrons to the fullest extent of the law. Protecting the confidentiality of library records is a basic principle of librarianship.

The Library specifically recognizes any document, record, or other method of storing information retained, received, or generated by the Library that identifies a person or persons having requested, used, or borrowed library material to be confidential. The Library shall not divulge such information to anyone other than the borrower, with proof of identification. Such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigatory power. Upon receipt of such process, order, or subpoena, the Library will consult with Town Counsel to determine if it is proper to release the requested information. [See below for compliance with federal law enforcement officers who present a warrant for information under the USA Patriot Act.]

The Commonwealth of Massachusetts has recognized the privacy of patron information in Chapter 78, Section 7 of the General laws: "That part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record.."

The purpose of this policy is to affirm the Library's compliance with the law regarding confidentiality of patron information, and to outline procedures in response to requests by law enforcement officials.

LIBRARY RECORDS

Access to patron information may include but not be limited to the following:

• Circulation Records - Patron material is circulated via an automated system. The circulation system tracks material currently checked out, automatically erasing a patron's borrowing record once an item is returned. The item record retains no permanent record of what borrowers have checked out.
• Computer Use - The Dover Library neither requires nor maintains any written or electronic record of patron use of library computers. The history of all research and activity is cleared from all public Library computers on a daily basis.
• Reference Interview - A reference interview occurs when a patron looking for information approaches a library staff member and the staff member questions or interviews the patron in order to narrow down the specific information needed. If patron information is written down, as soon as the requested information is delivered, the paper record is destroyed.
• Database Search Records - These records refer to the searches of the collection a patron may conduct on the Online Public Access Terminals (OPAC). These searches are conducted by utilizing the Library's automated system. Once a search is conducted, and the browser is closed, the software does not retain a copy of the search. Any records of the search will not exist.

• Interlibrary Loan Records - Patrons may borrow items not owned by the Library or in the Minuteman Library Network from other libraries worldwide via Inter-Library Loan (ILL). The Library tracks items currently being borrowed and generates a paper record with patron information. An electronic record of material requested via the Virtual Catalog, the Illiad request system, Clioweb, and the Point to Point system is also kept. Once the materials are returned, all appropriate fines and/or fees are paid, and a sufficient time has passed to assure their return to the owning library, the paper and electronic record is destroyed and/or deleted from library databases.

COMPLYING WITH LAW ENFORCEMENT: PROCEDURES FOR STAFF

The Dover Town Library staff will comply with law enforcement when presented with legal subpoena or warrant, and will follow the procedures outlined below:

• If anyone approaches a staff member alleging to be a law enforcement official requesting information, staff shall not disclose to that individual any information. S/he shall immediately contact the Director or, in her absence, the Assistant Director.
• The Director or Assistant Director will ask to see official identification and will photocopy the ID.
• If the law enforcement officer presents a subpoena, library staff should direct that person to the Director, or in her absence, the Assistant Director, who will in turn direct the subpoena to Town Counsel.
• If a library staff member is presented with a search warrant by a law enforcement officer to obtain information under the USA Patriot Act or other legal search warrant, s/he shall not interfere with the officer's search and seizure. The staff member should immediately contact the Director, or in her absence, the Assistant Director, who will contact Town Counsel.
• After an inquiry, order or search warrant is presented by any law enforcement officer(s), the Director will create and keep a record of all such occurrences as well as all costs incurred by the Library's response.
• Unless prohibited from revealing the request for information according to provisions of the USA Patriot Act, the Director will notify the American Library Association of any such requests for information.

Adopted: December 1, 2003

Dover Town Library 508.785.8113
56 Dedham St, Dover, MA 02030
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