ERIE COMMUNITY COLLEGE LIBRARIES
 

POLICY ON CONFIDENTIALITY OF LIBRARY RECORDS

 

 

(Based on the American Library Association’s (ALA) Intellectual Freedom Manual, 6th  edition and the legal requirements of Section 4509 of the New York Civil Practice Law and Rules)

  1.  

    The libraries of Erie Community College recognize their circulation records and all other records identifying the names of library users to be confidential in nature.*

     

         These circulation records include all reserve materials, ILL materials, computer searches, and reference questions, as well as print and non-print library materials.

     

  2. All librarians and library employees are to be advised that such records shall not be made available to any person (except a library employee for proper operation of the library) or to any agency of the state, federal or local government except pursuant to such process, order, search warrant or subpoena as may be authorized  under the authority of, and pursuant to, federal, state or local law relating to civil, criminal, or administrative discover procedures or legislative investigative power.

     

  3. Our libraries will resist the issuance or enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent  jurisdiction.**

*Note: See also ALA Code of Ethics, point III:  “Librarians must protect each user’s right to privacy with respect to information sought or received, and materials consulted, borrowed, or acquired.”

 

**Note: Point III, above, means that upon receipt of such process, order, search warrant subpoena, the librarian in charge will consult with their Campus Administrator and the college legal counsel to determine if such process, order, search warrant or subpoena is showing of good cause for its issuance; if the process, order, search warrant or subpoena is not in form or if good cause has not been shown, they will insist that such defects be cured.

           

See Section 4509 of New York Civil Practice Law & Rules attached hereto.

 

                                                                                               

Original Policy 1984

Revised Policy 1992

2nd Revised Policy 2002