What are the privacy laws that deal with patron records?

Question

What laws are in place to protect a patrons information and check out history? Also related, what do these laws say regarding families and accessing or using each others accounts? Something along the lines of a husband picking up a wife's books that were on hold for her -- I realize some of this comes down to individual library policies.

Answer 1

In the United States, laws regarding privacy of library records are typically established at the state level. The American Library Association maintains a list of State Privacy Laws Regarding Library Records

Since you asked about Pennsylvania:

Pennsylvania Unconsolidated Statutes Chapter 24 Article IV § 428 states:

Records related to the circulation of library materials which contain the names or other personally identifying details regarding the users of the State Library or any local library which is established or maintained under any law of the Commonwealth or the library of any university, college or educational institution chartered by the Commonwealth or the library of any public school or branch reading room, deposit station or agency operated in connection therewith, shall be confidential and shall not be made available to anyone except by a court order in a criminal proceeding.

(428 added June 27, 1984, P.L.431, No.90)

See http://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1961/0/0188..HTM

This is not to say that privacy of library records is not subject to other laws or regulations at the state or other level, not to mention the policies of individual libraries.

Answer 2

My understanding is that there are very, very few laws mandating patron privacy- and those would almost entirely be local.

Rather, it is a shared value of the profession, necessary in order to give patrons the confidence that they can seek any information they want (within reason and legality).

Also an official ALA position/policy: http://www.ala.org/Template.cfm?Section=interpretations&Template=/ContentManagement/ContentDisplay.cfm&ContentID=31883

Answer 3

Many states treat library privacy the same as medical privacy. You wouldn't want sensitive medical information left on your answering machine for anyone to hear, the same goes for your library books on hold. However, libraries don't necessarily enforce this consistently. If a husband comes to pick up his wife's books, it is often allowed. (Even though there are many tales of the husband picking up a divorce book for his wife!)

In California, the law was recently changed:

"The people of the State of California do enact as follows: SECTION 1. Section 6267 of the Government Code is amended to read: 6267. All patron use records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed by a public agency, or private actor that maintains or stores patron use records on behalf of a public agency, to any person, local agency, or state agency except as follows: (a) By a person acting within the scope of his or her duties within the administration of the library. (b) By a person authorized, in writing, by the individual to whom the records pertain, to inspect the records. (c) By order of the appropriate superior court. As used in this section, the term “patron use records” includes the following: (1) Any written or electronic record, that is used to identify the patron, including, but not limited to, a patron’s name, address, telephone number, or e-mail address, that a library patron provides in order to become eligible to borrow or use books and other materials. (2) Any written record or electronic transaction that identifies a patron’s borrowing information or use of library information resources, including, but not limited to,database search records, borrowing records, class records,and any other personally identifiable uses of library resources information requests, or inquiries. This section shall not apply to statistical reports of patron use nor to records of fines collected by the library." http://info.sen.ca.gov/pub/11-12/bill/sen/sb_0401-0450/sb_445_bill_20110712_chaptered.pdf

Interestingly enough, it allows tighter restrictions that go beyond simple check-out records (database searching, etc), but also allows written permission for another person (the husband in the above scenario).