Confidentiality of patron records
Portland Community College Libraries subscribe to the principle that information about a patron's use of library materials is private. The following document from the American Library Association addresses this issue in depth and provides staff with guidelines for responding to inquiries for such information. The document and the policy statements it contains are the policies of PCC's Library.
See related ALA web sites:
http://www.ala.org/alaorg/oif/pol_conf.html
http://www.ala.org/alaorg/oif/sugpolcn.html
http://www.ala.org/alaorg/oif/cope_inf.html
Code of Ethics of the American Library Association
As members of the American Library Association, we recognize the importance of codifying and making known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees and library staffs.
Ethical dilemmas occur when values are in conflict. The American Library Association Code of Ethics states the values to which we are committed, and embodies the ethical responsibilities of the profession in this changing information environment.
We significantly influence or control the selection, organization, preservation, and dissemination of information. In a political system grounded in an informed citizenry, we are members of a profession explicitly committed to intellectual freedom and the freedom of access to information. We have a special obligation to ensure the free flow of information and ideas to present and future generations.
The principles of this Code are expressed in broad statements to guide ethical decision making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.
- We provide the highest level of service to all library users through
appropriate and usefully organized resources; equitable service policies;
equitable access;
and accurate, unbiased, and courteous responses to all requests.
- We uphold the principles of intellectual freedom and resist all efforts
to censor library resources.
- 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.
- We recognize and respect intellectual property rights.
- We treat
co-workers and other colleagues with respect, fairness and good faith,
and advocate conditions of employment that safeguard the rights and
welfare of all employees of our institutions.
- We do not advance private interests
at the expense of library users, colleagues, or our employing institutions.
- We
distinguish between our personal convictions and professional duties
and do not allow our personal beliefs to interfere with fair representation
of the aims of our institutions or the provision of access to their information
resources.
- We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.
Adopted by the ALA Council
June 28, 1995
Confidentiality and coping with law enforcement inquiries
Suggested procedures include the following:
- The library staff member receiving the request to examine or obtain information
relating to circulation or other records identifying the names of library
users, will immediately refer the person making the request to the responsible
officer of the institution, who shall explain the confidentiality policy.
- The director, upon receipt of such process, order, or subpoena, shall
consult with the appropriate legal officer assigned to the institution to
determine
if such process, order, or subpoena is in good form and if there is a showing
of good cause for its issuance.
- If the process, order, or subpoena is not
in proper form or if good cause has not been shown, insistence shall be
made that such defects be cured before
any records are released. (The legal process requiring the production of
circulation or other library records shall ordinarily be in the form of
subpoena duces tecum [bring your records] requiring the responsible officer
to attend
court or the taking of his/her disposition and may require him/her to bring
along certain designated circulation or other specified records.)
- Any threats
or unauthorized demands (i.e., those not supported by a process, order,
or subpoena) concerning circulation and other records identifying
the names of library users shall be reported to the appropriate legal officer
of the institution.
- 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 responsible officer.
Adopted by the ALA Intellectual Freedom Committee
January 9, 1983; revised
January 11, 1988
