Library Policies: Confidentiality

Stevenson University Library has always maintained the privacy of its students and faculty by not disclosing personal information derived from library transactions to anyone outside of the library. This includes borrowing records, registration records, questions asked of the librarians, and results of computer searches (internet or databases). Article III of the Librarian’s Code of Ethics states:

Librarians must protect each user’s right to privacy with respect to information sought or received and materials consulted, borrowed, or acquired.

Further, Maryland law prohibits the disclosure of circulation records to anyone except library personnel in the course of library business. See Md. Education Code Ann. Sec. 23-107. (Under Search Full Text and Natural Language, write "library business" to be directed to this section.)

However, with the passage of the USA Patriot Act in the wake of the September 11th attacks, law enforcement was given expanded powers to monitor (such as visits to web sites) and obtain electronic transactions including those performed by patrons in libraries. This means that upon being presented with a court order, the library staff may be required to turn over to law enforcement personal library records, stored electronic data or library hardware. Also, library staff may be required to allow surveillance equipment to be installed on library computers and equipment. Further, library staff will not be permitted to tell anyone, including the person being monitored, that their personal information is being shared with authorities outside the library.

The following procedures will be followed by all members of the library staff in the event confidential information is requested by any authority outside the library:

1. All requests for confidential information (circulation records or any information that identifies names of library patrons) will be referred to the Library Director, immediately. If she is not available, refer the request to the Coordinator of Public Services.
2. If the requestor is from law enforcement, library staff are only required to give their names.
3. If the requestor is from law enforcement, the Library Director will immediately contact legal counsel.
4. If the request includes a court order, legal counsel will examine it to make sure it is in proper form. However, if served with a search warrant, compliance must be immediate; in this case, the Library Director will attempt to get counsel involved, but will comply with the order.
5. Evenings and weekends, library staff will contact the Library Director or the Coordinator of Public Services for the proper course of action, and, if unable to contact either of these people, will contact the Dean.

For more information on the Patriot Act and Privacy see the following links:

Overview of the Patriot Act by the Congressional Research Service
Electronic Privacy Information Center