USA Patriot Act and Library Confidentiality Questions and Answers
Since the USA PATRIOT Act went into effect October 26, 2001, Multnomah County Library has received many questions about the act's effect on library policy concerning the confidentiality of library records. This updated information for the public is current as of December 10, 2004.
- What is the library's policy towards confidentiality?
The library respects and protects the privacy of all library users, no matter their age. Unless required by law, the library does not give out information about titles of books checked out, the number of books overdue, or the titles of books overdue, except to those who are able to provide the borrower's library card or library card number.
Library records are protected under Oregon Statute 192.502 (22). This law exempts from disclosure circulation records showing use of specific library materials by a named person, or the name of a library patron together with the address or telephone number, or both. Multnomah County Library's privacy and confidentiality policies are in compliance with applicable federal, state, and local laws.
Multnomah County Library's long-standing commitment to privacy and confidentiality has deep roots not only in the law but also in the ethics and practices of librarianship. In accordance with the American Library Association's Code of Ethics: "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."
Click here to review the library's complete statement on privacy and confidentiality.
- If I am a library user, what kind of information does the library keep about books I check out or other information services I use?
To receive a library card, patrons are required to provide a name, birth date and mailing address. This identifying information is retained as long as the patron continues to use the library card.
A customer's library record includes current information: items currently checked out or on hold, as well as overdue materials and fines. The library does not maintain a history of what a customer has previously checked out once books and materials are returned on time. Similarly, the library's computer search stations are programmed to delete the history of a customer's Internet use and information searches once an individual session is completed. The library treats reference questions, whether in person or online, confidentially. Personal identifying information related to these questions is purged on an ongoing basis.
- What is the USA PATRIOT Act?
On October 25, 2001, Congress passed the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" (USA PATRIOT) Act. The act broadly expands law enforcement's surveillance and investigative powers.
- How is the library responding to the USA PATRIOT Act?
The USA PATRIOT Act is law, and the library will comply with it. The library's longstanding policies relating to privacy and confidentiality of information sought and received, developed with the advice of the county attorney, have not changed as a result of the act. These policies protect the confidentiality of patron records subject to state and federal laws. Library staff members will respond to specific requests for information as they have done in the past, in keeping with these policies and procedures.
- In general, how does the library handle requests for records from law enforcement?
Typically, a court of competent jurisdiction must issue an order for patron records. Based on the advice of the county attorney in each incident, the library director releases the records only if the order is legal and binding upon the library.
- How has the enactment of the USA PATRIOT Act changed how the library handles requests for patron records from law enforcement?
Basic protocol remains the same: the request is forwarded to the library director whose response is informed by the advice of the county attorney. Under the act, requests may come in the form of a search warrant or a national security letter. Should a search warrant result in the confiscation of any materials, library staff members are instructed to cooperate with law enforcement and to report the incident to the director's office for follow up.
- What about the "gag" provision of the USA PATRIOT Act?
Should library records be requested under the act, the law states that library staff cannot inform the person about whom the information is requested, nor speak to co-workers, the media or other government officials about the inquiry. The county attorney advises that such requests can be reported to the appropriate higher authority within the library only,and to the library's legal counsel.
- Will the library advocate for a legal challenge to the USA PATRIOT Act?
The American Library Association (ALA) and other organizations concerned with civil liberties issues continue to review the act and its implementation to determine if there is a legal basis for challenge. At the Midwinter meeting in January, 2003, the American Library Association Council adopted a resolution stating that "sections of the USA PATRIOT Act are a present danger to the constitutional rights and privacy rights of library users." The resolution urges the U.S. Congress to provide active oversight of the implementation of the act and related measures; to hold hearings to determine the extent of the surveillance on library users; and to amend or change the sections of the act and related measures that threaten or abridge the rights of inquiry and free expression. Most state library associations and nearly 200 municipal and state governments have adopted similar resolutions questioning provisions of the act. The Oregon Library Association Executive Board passed a resolution on the USA PATRIOT Act at its June 13, 2003, meeting. For more information, go to the American Library Association's USA PATRIOT Act Web page.
On December 7, 2004, the Multnomah County Library Advisory Board, a citizen group appointed to advise on library matters, forwarded to the Board of County Commissioners a statement of concern regarding Section 215 of the PATRIOT Act and its effect on the library's ability to protect the privacy of patron records.
On December 9, 2004 the Multnomah County Board of Commissioners passed Resolution 04-183 EXPRESSING COMMITMENT TO PROTECT CIVIL RIGHTS IN THE ERA OF THE USA PATRIOT ACT AND ASKING OREGON'S CONGRESSIONAL DELEGATION TO OPPOSE LEGISLATION THAT INFRINGES UPON THOSE RIGHTS. Sections of this resolution affirm the County's commitment to protecting library patron privacy and ask Oregon's congressional delegation to work for the repeal of Section 215 of the PATRIOT Act.
Legislation to amend the USA PATRIOT Act to address privacy and civil liberties concerns has been introduced into both houses of the US Congress. Oregon's Senator Ron Wyden is a major sponsor of S 1552, the "Protecting the Rights of Individuals Act" and S 1709, the "Security and Freedom Ensured (SAFE) Act." Several other bills are also pending in the US Senate and the US House of Representatives. For a detailed look at this proposed legislation go to ALA's Privacy Related Legislation Web site.
We continue to monitor these developments and to evaluate what actions on the library's part will be most effective in protecting both patron privacy and national security.