Your Library records and the USA Patriot Act

HR-3162, known as the USA Patriot Act, became Public Law 107-56 in response to the events of 9/11/01. The full title of the law is: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.

The law provides federal officials the authority to conduct searches of business records, including library and bookstore records, with a court order issued by a Foreign Intelligence Surveillance Court, and requires that, if such a search is conducted, no one involved will divulge that the search has taken place.

The confidentiality of library users is taken very seriously by public libraries. As a result of the USA Patriot Act, public libraries face a dilemma of having the responsibility of protecting the privacy of library users while responding to national security concerns.

The Dane County Library Service recognizes the right of library users to confidentiality under Wisconsin Law. The Circulation policy of the Dane County Library Board states:

In accordance with Wisconsin Statutes, Chapter 43.30, all library records which identify the names of library users are confidential. It is the policy of DCLS that such records shall not be made available to any agency of state, federal, or local government, or to any individual except pursuant to a court order.

Further, it is the policy of this library to resist the issuance or enforcement of any such order, or until such time as a proper showing of good cause has been made in a court of competent jurisdiction. Dane County Library Service has established and currently follows these procedures regarding record creation and retention:

The Library does not retain records of individual user activity with personally identifiable information except those required for the efficient operation of the Library.
The Library does not create records containing a user's personally identifiable information except those required for the efficient operation of the Library.

Specific types of library records include:

Database Search Records:

Searches of the collection using LINKcat, the on-line catalog: Once a search is conducted, the software does not retain a copy of the search. Records of the search no longer exist.
Searches of other databases licensed by Dane County Library Service or the South Central Library System: No records of such searches are created.

Library Card Holder Information: The library creates and maintains a record of every library card holder. It includes the information the Library Service needs to identify and contact that individual.

Circulation Records: LINK circulation software tracks materials currently checked out, automatically erasing the item from an individual’s borrowing record once an item is returned and any related late or damage fees are paid. Raw data on backup tapes for a few selected dates is kept for a year. These "snapshots in time" are stored off-site and exist exclusively to allow the database to be rebuilt in case of a catastrophe.

Homebound Circulation Records: Records are kept of books checked out and delivered to those physically unable to come to the library. The maintenance of these records is required in order to serve the participants in this special program in that the continued existence of these records allow staff to limit new shipments to items not previously loaned to the patron.

Hold or reserve requests: The library creates and maintains a record of each request for a library item placed by a library patron within the LINKcat system. Records of such requests are maintained only until the requested item is made available to the patron.

Inter-Library Loan Records: Patrons may borrow items not owned by South Central Library System libraries from other libraries worldwide via Inter-Library Loan (ILL). The Dane County Library Service tracks items being borrowed and generates a paper record with patron information. The Library keeps records until the item is returned to the owning library.

Subject Requests: A reference interview occurs when a person looking for information requests assistance from library staff. Frequently, such requests require staff to access other library collections not immediately accessible. In these cases, a paper record is created and maintained until such time as the requested information is supplied to the library patron.

For more information: The American Library Association has posted information on the USA Patriot Act and libraries. The Department of Homeland Security's site has more information (Search by "USA Patriot").