Confidentiality of Library Records

AN ACT OF THE ALASKA STATE LEGISLATURE

Relating to the confidentiality of certain library records.

*Section 1. AS 40.25 is amended by adding a new section to read:

Sec. 40.25.140 CONFIDENTIALITY OF LIBRARY RECORDS

(a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 09.25.110 or 09.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.

(b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian.

In 1985 the State Legislature passed this law assuring library borrowers the right to confidentiality regarding materials borrowed from the library. Except by order of the court, information about who has borrowed specific library materials shall be kept private.

The law specifically mentions school libraries and so is applicable here. This raises several questions for school librarians.

• Do your circulation cards show the names of students who have checked out the material in the past? One way to ensure privacy is to use a heavy black marker to line out names upon check-in.
• Do you send out overdue lists to classroom teachers showing specific titles? A better way would be to send individual notices to students, folded so they are private. Instead of listing titles, you might try indicating only the number of overdue materials or call numbers for specific items.
• Do you have staff, volunteers, or student aides working at checking out materials? Train each library worker in the ramifications of this confidentiality law. Do they know better than to gossip in classrooms or at home about an individual’s library selections? If they will be working with student or staff records, you might have each one read the confidentiality law, give them an opportunity to ask questions about it, and then sign a statement acknowledging that they have been informed about this Alaska law.
• Have you talked to your administrator about this law? It might be a good idea to discuss the confidentiality law with your principal before a problem arises. If a process for maintaining confidentiality is agreed upon ahead of time, you will be prepared to handle an angry teacher, administrator or parent who comes in demanding to know who has a particular book. REMEMBER, according to the law, ONLY a parent or guardian may be told what materials a student has charged out.

Note: Any circulation system or procedure should remove or obliterate the borrower's name upon check-in. Automated systems remove the name automatically. Those using a manual system might need to remove the name with a felt-tipped pen.

Another source: see AASL’s position paper on confidentiality at: http://www.ala.org/aasl/advocacy/resources/position-statements/library-records