Confidentiality Policy

Protecting the rights of library users to view and read materials without fear of intrusion, intimidation or reprisal is a core value for all librarians. To safeguard the privacy of individuals in their use of the library, the College Library maintains the confidentiality of library records. Federal privacy laws additionally protect student records, including library circulation records. In the State of Georgia, library records are confidential (Georgia Code 24-9-46). See Patriot Act.

Patriot Act

Enhanced Surveillance Provisions Affecting Library Confidentiality

Section 215: Access to Records Under Foreign Intelligence Security Act (FISA)

• Allows an FBI agent to obtain a search warrant for “any tangible thing,” which can include books, records, papers, floppy disks, data tapes, and computers with hard drives.

• Permits the FBI to compel production of library circulation records, Internet use records, and registration information stored in any medium.

• Does not require the agent to demonstrate “probable cause,” the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime. Instead, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard.

• Libraries or librarians served with a search warrant issued under FISA rules may not disclose, under of penalty of law, the existence of the warrant or the fact that records were produced as a result of the warrant. A patron cannot be told that his or her records were given to the FBI or that he or she is the subject of an FBI investigation.

• Overrides state library confidentiality laws protecting library records.

Codified in law at 50 U.S.C. §1862.

Accessed 1 Apr 2004 http://www.ala.org/ala/oif/ifissues/usapatriotactlibrary.htm

The registration and borrowing records of the College Library patrons on the Automation System are confidential.

Registration records include any information the library requires users (faculty or staff members, students, or community borrowers) to provide in order to become eligible to access or borrow materials. Such information includes addresses, telephone numbers, and student ID numbers (changed 1 Jan 2006).

Circulation records include all information that identifies a faculty or staff member, student, or community borrower as borrowing or accessing particular materials or information. Included in these records are reserve materials.

Public computer login/usage records and web browsing histories on the 7 open-use computers in the library also are considered confidential.

The College Library has adopted the following guidelines:

• Without an adult patron’s permission, library records will only be released upon appropriate court order or subpoena.

• Patron information is accessible to library staff in the course of their daily business.

• Parents/guardians are permitted access to their minor children’s records with proper identification.

• Anyone presenting a valid picture ID that matches the information in the system, will be considered a legitimate user, entitled to access the information associated with that ID.

• Except in accordance with proper judicial order and with permission of the designated administrative officer(s) of the College, no person shall make known in any manner any information contained in such records listed above. Library staff are to refer all requests for the above confidential information to the Library Coordinator. (see Patriot Act)