LTDL Patron Confidentiality Policy

Confidentiality of Patron Records Policy

(Approved 9/12/13)

Michigan Library Privacy Act

The purpose of this policy is to preserve the confidentiality and privacy of the registration and circulation records of Lyons Township District Library patrons to the fullest extent permitted by law. To that end, the registration and circulation records of the library shall be released or disclosed only in accordance with this policy and the Michigan Library Privacy Act (PA 455 of 1982, as amended.) If there is any conflict between the provisions of this policy and the Michigan Library Privacy Act, the terms of the Act will control.

Unless ordered by a court of competent jurisdiction, no employee of Lyons Township District Library may release or disclose a library record (as defined below) to any person without the written consent of the person who is liable for payment or for return of the materials identified in that library record. In the case of a minor, that means the person who has co-signed for the minor’s library card. Please note that if only one parent has co-signed for the minor’s library card, the other parent cannot be given access to the minor’s library records under the Michigan Library Privacy Act.

For purposes of this policy, a library record means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron’s name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. A library record does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general. A library record is not subject to disclosure under the Michigan Freedom of Information Act (PA 442 of the Public Acts of 1976, as amended.)

Non-Identifying Records

Any other record or data pertaining to the circulation of library materials or any public record that does not meet the definition of a library record under the Michigan Library Privacy Act may be released or disclosed to the extent and in the manner provided in the Michigan Freedom of Information Act.

Notification of Library Director

The library director serves as Freedom of Information Act (FOIA) coordinator for Lyons Township District Library. Any employee of Lyons Township District Library who receives a request for public record or who is served with a subpoena, court order, or other legal process to release or disclose any library circulation record or material shall promptly notify the library director. The library director shall review all requests and orders, consult with legal counsel and the library board as necessary, and respond in an appropriate manner to each such request. All requests for records under this policy shall be reported to the library board.

Subpoena

If the library director believes that a subpoena seeks the disclosure of a library record covered by the Michigan Library Privacy Act, or seeks the disclosure of any other information that the library director believes is privileged or subject to nondisclosure, the library director will refer the matter to an attorney. All subpoenas will be reported to the library board.