POLICY
ON CONFIDENTIALITY OF LIBRARY RECORDS
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
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1Note: 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.
Adopted
January 20, 1971; revised July 4, 1975, July 2, 1986, by the ALA Council.
[ISBN 8389-6082-0]