5/11/2015 update:
The new policy, apparently rushed through in response to the UO archives release, is here:
Unless required by law, patron information is not to be given to non-library individuals, including parents, friends, professors, university administrators, police, FBI, university security staff, or the CIA.
The old policy said:
Patron information is not to be given to non-library individuals, including parents, friends, professors, university administrators, police, FBI, university security staff, or the CIA. Only a court order can require the disclosure of patron records.
The question is who decides what is required by law. The American Library Association’s recommended policy is very clear – nothing should be disclosed until a court requires it:
The Council of the American Library Association strongly recommends that the responsible officers of each library, cooperative system, and consortium in the United States:
1. Formally adopt a policy that specifically recognizes its circulation records and other records identifying the names of library users to be confidential. (See also ALA Code of Ethics, Article III, “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” and Privacy: An Interpretation of the Library Bill of Rights.)
2. Advise all librarians and library employees that 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 investigative power.
3. Resist the issuance of enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction. 1
1 Note: Point 3, above, means that upon receipt of such process, order, or subpoena, the library’s officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper 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, they will insist that such defects be cured.
At UO, Library Dean Adriene Lim released the records because the university’s interim general counsel Doug Park asked her to. It appears that Oregon State is now ready to do the same. Will the ALA quietly go along with this?
5/6/2015: Proposed UO Library privacy policy lets admins snoop through circulation records, Coltrane won’t release Walkup report, Library Dean Adriene Lim won’t let ALA release her emails or letter on archives
This has some interesting parallels to the debate over the Counseling Center’s privacy policy.
