Privacy Policy
 adopted July 14, 2004

 Purpose

Users of the Library have certain rights to privacy with regard to their use of library facilities and services. This Policy exists to outline those rights and their relationship with the Security Policy, the Library Rules of Conduct, Circulation Policy and the Internet Policy.

Policy

1. Records of patron use of library resources, materials or services are confidential per Wis. Stat. 43.30. In general, they may not be disclosed except with the consent of the individual library user, by court order, to persons acting within the scope of their duties in the administration of the library or the library system, or to other libraries (under certain circumstances) for interlibrary loan purposes.
   
2. Records of patron use of library resources, materials or services protected under Wis. Stat. 43.30 include:
   
   1. circulation records
   2. workstation logs
   3. security videos
   4. information sought or received
   5. materials consulted borrowed or acquired by a library user
   6. database search records
   7. interlibrary loan records
   8. other personally identifiable uses of library materials, facilities, programs or services
   9. reference interviews
   10. program registration information
   11. signup sheets
   12. patron material complaint forms
   13. emails
   14. voicemails
   15. correspondence about patrons' library use
   16. any other such records, with personally identifiable uses of library materials, facilities, programs or services as may be accumulated in the course of doing library business.
       
3. Records held by the library that include personally identifiable information about library users may also contain information that must be provided to those who request that information, as required by Wisconsin’s public records law. Personally identifiable information about library users must be deleted or obscured from any records that are publicly disclosed, except as the records are disclosed under one of the provisions provided by section 43.30.
   
4. In the case of patron failure to return materials, the library may disclose circulation information and correspondence to appropriate legal authorities involved in securing return of, or payment for, these materials.
   
5. The library may disclose library use information to other cooperating libraries in order that all libraries may effectively do their jobs to assist patrons and maintain safety and security.
   
6. Records that identify patrons without respect to their use of library resources, materials or services are not protected under the law. Information about the identity of persons whose behavior in or about the library violates the law or library policies is not inherently protected or confidential.
   
7. To ensure safety and security of the public and staff the Library will monitor public behavior using staff and security equipment.
   
8. Patrons are expected to abide by the Library Security Policy, Internet Policy and Rules of Conduct. Some violations of these policies may be recorded in a logbook. In the event that Police or other authorities are contacted to deal with problem behavior, information on past violations recorded in the logbook may be shared.
   
9. Under Wis. Stat. 43.30, the library will disclose to custodial parents or guardians any records of use by children under the age of 16. A Parent or guardian requesting such records may be asked to provide proof that they are a custodial parent and have not been denied periods of physical placement under s. 767.24(4). Examples of such proof include possession of the child’s library card number, a valid library card or other government agency issued photo ID showing the same address as the child, or any other set of documents that demonstrate to the library staff’s satisfaction that the requestor is the custodial parent or guardian of the child whose records have been requested. Requests will be complied with as soon as practicable and without delay. Requestors who are denied access may appeal the decision to the Library Director or Library Board.
   
10. Staff is authorized to request identification from library users as necessary and appropriate for use of library services, such as issuing a card, reserving materials, registering for a program or using the meeting room. Information communicated under these circumstances is privileged under Wis. Stat. 43.30. Refusal to identify oneself under these circumstances may be grounds for denial of service.
    
11. Staff is authorized to request identification from library users as necessary and appropriate for safety and security or when library rules have been violated. Refusal to identify oneself under these circumstances may be grounds for contacting the Police.
    
12. If the library has cause to believe that a criminal act has been committed on library property or with library resources, Administration will cooperate with law enforcement authorities to obtain proper court orders for release of such privileged library records as may be necessary for criminal investigation and prosecution.
    
13. Staff ability to identify a patron on sight is not necessarily protected under the letter of the law, which specifies that "library records" are protected. Nevertheless, the spirit of the law is to protect the identity of persons with respect to their use of the library.
    
14. Staff should cooperate fully with law enforcement to the extent allowed by law, but all requests to identify persons with respect to their use of library materials and services should be referred to the Library Director or the Library Director's designee.
    
15. Library staff are not allowed to share information about use of library resources and services by identified library patrons except as necessary for the performance of their job duties and in accordance with procedures approved by the Library Director and/or Board.
    
16. The library Director (or the Director’s designee) shall observe the following guidelines with regard to the handling of court orders, including all search warrants and those subpoenas which constitute a court order.

    If a law enforcement officer (or anyone else) brings a subpoena directing library staff to produce library records, staff should notify the Library Director, or if the director is not available, the Assistant Director, Building Supervisor or Librarian in Charge.

    If law enforcement officers bring a court order in the form of a search warrant staff should cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.

    Additional steps if FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA): It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).
    

--adopted by the Library Board of Trustees,May 8, 2002.
Amended June 12, 2002; July 14, 2004.

Appleton Public Library / 225 N. Oneida St. / Appleton, Wisconsin 54911-4780  (920) 832-6170
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 Latest revision 15-Apr-2005