Niagara University Library: Patron Confidentiality

Niagara University Library
Patron Confidentiality
(Interim Policy, October 2006)

The confidentiality and privacy of library users are protected by New York state law, campus-wide information policies, and by the principles of the American Library Association's Code of Ethics.

New York State law prohibits the release of patron information to third parties lacking jurisdictional authority.

Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute (Article 45 Section 4509 of New York State's Consolidated Laws for Civil Practice Law and Rules).

The American Library Association Code of Ethics states:

We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

Except as otherwise stated below, library staff shall not release the name of a person to whom a book is charged, past circulation records (including interlibrary loan and course reserves), personal information contained in circulation patron records, or otherwise identify users of any library services, including users of computer terminals on library premises. Library staff will not confirm to a third party a patron's status as a student or employee.

Patron records may, however, be consulted by library staff in the course of conducting library operations and may be disclosed pursuant to the requirements of federal, state and local laws, including law enforcement subpoenas, court orders or search warrants. Library patrons should be aware that privacy issues associated with use of computer terminals is governed by privacy practices and policies of the Information Technology Department of the University.

Other than court orders, exceptions to the patron privacy policy are as follows:

When the immediate danger of death or serious injury justifies disclosure. For example, a student falls and is injured. A Campus Safety officer may ask a Library staff member for the student's home phone number in order to contact the student's parents. Staff may disclose the phone number in such situations.

When the library has written permission from the patron that information can be disclosed.

Information can be shared with a parent who is attempting to resolve an overdue notice or fine. The Circulation Department Coordinator will only discuss the books that appear on the overdue notice, which the parent already knows about, but will not divulge information about other books that the student has checked out.

The library retains the following kinds of records:

Circulation

The library maintains a database of patron names addresses, phone numbers, email addresses, and University ID numbers associated with circulating books. The library does not keep a historical record of books that a patron has checked out, except when books have gone overdue and accrued fines. Then it becomes a financial transaction that the library maintains a record of. The library automation system can identify the last patron who checked out a particular book, but it cannot identify the last book that a particular patron checked out (unless that book went overdue). Patron records that have been inactive for more than 6 years are purged from the database. Because borrowing privileges are provided to alumni, the library possesses a print directory of alumni that includes student name, year of graduation, and school attended (for example, Arts and Sciences, Education, etc.). Delinquent accounts are forwarded to the Student Accounts Office for collection.

Prior to lending laptops, the Library photocopies student ID cards and driver's licenses (or other equivalent identification cards). These records are destroyed at the end of each semester.

Interlibrary Loan and Document Delivery

To comply with copyright requirements, the library retains interlibrary loan and photocopy request records for three years. Also, the names of requestors and the materials they request are supplied to the other libraries who we borrow from via interlibrary loan. For patrons who have requested electronic document delivery, the Library maintains a directory of their names, email addresses, and PIN numbers.

Email Reference Transactions and Online Forms

The library retains copies of email reference questions and password requests for one semester only.

Online Services

For purposes of evaluation and system administration purposes, the library or third party database providers may track IP addresses of users. Cookies may also be transferred to patron's hard drives. The library's web site includes links to external web sites. These sites may or may not gather personal information though the use of cookies. The library book catalog and external databases can track the keywords that patrons search for but not the people who are searching or where the searching is being done.

Library Surveys

The library conducts patron surveys of library services. Data is aggregated and dissociated from responses that may identify the respondent.