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Policy on the confidentiality of library Records (sample)

Provided by Bismarck Veterans Memorial Public Library

The Library Board of Directors recognizes its responsibility to protect the privacy of each patron concerning personal records relating to use of library materials.

Records are required for controlling the use of library materials both on or off the library premises.  These records are not in any way intended for the purpose of monitoring a user's reading or pursuit of information.  Circulation records are kept to protect public property.  Summary statistics of library use are kept to measure organizational activity.

Any library record which includes a library user's name or information sufficient to identify a user together with the subject about which the user requested information, is exempted from the public records disclosure requirements of NDCC 44-04-18 pursuant to NDCC 40-38-12 and shall not be made available upon request of any person other than the patron.

However, library records shall be released when required pursuant to a court order or subpoena.  Only the Library Director or his representative is authorized to release requested records pursuant to court order or subpoena.  A complete record of the information released, a signed receipt form and a copy of the court order or subpoena will be retained in a file designated by the Director.  Should any question arise concerning the court order or subpoena, the Library Director will consult the Library Board of Directors and the City Attorney.

The Library Board shall take steps to request that the issuing court grant an appropriate court order to assure that any information released pursuant to a court order or subpoena shall be limited to the specific need for which it was requested and further released only to a person with the need to know the information.


April 18, 1985, Effective July 1, 1985, Reaffirmed May 25, 2006

*Reprinted by permission of Bismarck Veterans Memorial Public Library-Tom Jones.

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