Requests
for Confidential Library Records
A. Confidentiality of
Patron records and Court Orders
Personally identifiable
information about library users must be kept confidential in accordance
with the Illinois Records Confidentiality Act (75 ILCS 70/1-2).
Confidential library records (records pertaining to an individual
patron’s use of library materials or resources) may not be
released or made available in any format to a federal agent, state
or local law enforcement officer, or other person unless a court
order in proper form has been entered by a court of competent jurisdiction.
At the same time library staff must cooperate with federal, state,
and local law enforcement agencies when they are acting within the
scope of a lawfully issued court order.
B. Court Orders
A court order may take
the form of either a subpoena or a search warrant. A subpoena allows
a period of time in which to respond to or contest the court’s
order. A search warrant can be executed immediately by law enforcement
officials.
C. Designated Contact
Person
The Executive Director
will handle all requests to search library records pursuant to a
Court Order. In the absence of the Director, the staff member designated
as being in-charge of the library will handle the request.
D. Responsibilities of
the Designated Contact Person
The Designated Contact
Person will be responsible for the following actions.
- Request identification
from the Law Enforcement Officials and record their names, badge
numbers and agencies.
- Provide a copy of this
Policy to the Law Enforcement Officials promptly upon their arrival
at the Library.
- If the Law Enforcement
Officials do not have a Court Order for the information that is
being requested, the Designated Contact will explain that the library
is forbidden by law to give access to confidential records without
a court order. If the officials are insistent, point out that their
case may be jeopardized if the information is obtained improperly.
- When a court order
is received the Designated Contact will review the court order to
determine whether it is a subpoena or a search warrant. In the case
of a subpoena, tell the official that it will be referred to the
Library Director who will respond after the subpoena is reviewed
by the Library Attorney. In the case of a search warrant ask the
Law Enforcement Officials to wait until the Library Attorney is
present before beginning the search. If the official refuses to
wait the Designated Contact will ask the official to wait while
he or she attempts to contact the attorney for guidance on complying
with the Order. The Law Enforcement Officials are not required to
wait until the Attorney is present. If the Officials insist on beginning
the search immediately the Designated Contact will cooperate with
the official during the search.
- If there is time to
consult with the Library Attorney before the search begins, contact
the attorney explain the situation and ask for advice concerning
compliance.
- If the Library Attorney
is not present during the search the Designated Contact will appoint
another staff member who will accompany the Designated Contact during
the search.
- When cooperating with
Law Enforcement Officials during the search the Designated Contact
will help locate the records/evidence specifically identified in
the court order and to ensure that no other patron’s records
are viewed.
- No access will be given
to any records beyond the scope of the Court Order, i.e., records
not specifically identified in the Court Order. The Designated Contact
will not volunteer or suggest any additional information beyond
that specifically requested in the court order.
- The Designated Contact
may communicate with other library staff if needed to obtain the
specified information. The Contact will not discuss the search with
any other individuals, staff or non-staff.
- The Designated Contact
will record all records or evidence viewed, copied, or removed from
the Library pursuant to the Order.
- If the Library Director
is not present notify him or her as soon as possible that the search
has taken place.
E. Disclosure of a Court
Order
If the search warrant
is issued by a FISA court (Foreign Intelligence Surveillance
Act) it will contain a “gag order.” This means that
no person or institution served with the warrant can disclose
that the warrant has been served or that records have been produced
pursuant to the warrant. No library staff member will disclose
the receipt of the Court Order or any information about the
records sought to anyone, including the patron whose records
are the subject of the search, except the Library Director and/or
the Library Attorney. Any questions about the incident from
the press or any other individuals should be referred to the
Library Director.
