Patriot Act Policy

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Sharon Public Library & the USA PATRIOT Act of 2001: Patron Confidentiality & Privacy, a Statement of Operations & Procedures

The Sharon Public Library strives to create a library environment that is:

A place where patrons can ask any question and discuss any topic
A place for learning and pursuing knowledge and information on any topic
A safe place
Crime free

The Sharon Public Library recognizes the confidentiality of information sought or received and materials consulted, borrowed or acquired by a library user. The Library will do its utmost to uphold the privacy and confidentiality of patrons’ free access to information. The library will rely on existing laws and library policies to control behavior that involves public safety or criminal behavior.

Sharon Public Library adheres to Massachusetts General Laws Chapter 78, Section 7 which states that library 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. Sharon Public Library will not sell, lease or otherwise share any personal information to outside parties unless required by law. Sharon Public Library considers circulation and registration records identifying the names, addresses, email addresses, and telephone numbers of library patrons, as well as materials borrowed or accessed electronically, not to be part of the public record.

The USA PATRIOT Act of 2001
Public Law 107-56 was passed in response to the events of 9/11/2001. The full title of the law is: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
This Act provides law enforcement with broader boundaries when investigating information accessed and transmitted by library patrons with regard to national security concerns.
Under the USA PATRIOT Act, government access to patron information may include but not be limited to:

Database Search Records
Circulation Records
Computer Use Records
E-mail Records
Inter-Library Loan Records
Reference Interviews

How Sharon Public Library attempts to maintain patron confidentiality and privacy in light of this Act is detailed below:

Sharon Public Library Statement of Operations & Procedures Regarding Patron Confidentiality and Privacy

Database Search Records: These records refer to the searches of the library’s and consortia members’ collections which a patron may conduct using the Online Public Access Catalog (OPAC) terminals or from home via the Internet. These searches are conducted by utilizing the library’s automated library catalog system, iBistro. iBistro is a product of SIRSI Systems. Once a search is conducted and completed, the software does not retain a copy of the search. Any records of the search will not exist unless a patron prints or emails a copy of the search for his/her own use.

Circulation Records: Patron material is circulated via the SIRSI WorkFlows system. The circulation software tracks materials currently checked out and until any/all outstanding fines and fees are resolved. Old Colony Library Network retains a list of items that a patron has borrowed as “My Favorites.” Items recorded as “My Favorites” are deleted after 180 days. Instructions for disabling “My Favorites” are available on the OCLN homepage and at OCLN member libraries.

Computer Use Records: The Sharon Public Library has numerous public use computers available to surf the Internet and/or perform word processing functions. Patrons reserve the use time for most of these computers by writing his/her name on a reservation form. The daily reservation form does contain the user’s name and which computer he/she signed up for. However, the use statistics are totaled daily from the reservation forms and are then destroyed; no paper record with the patron’s name or other information is retained by the library. The only statistic gathered is the total hours the computers were in use. Periodically, the computer’s Internet cache is cleared of all web pages visited and documents inadvertently saved to the computer’s hard drive are removed.
Sharon Public Library’s Internet service is provided through the Old Colony Library Network whose connection is supported with funding from the Massachusetts Board of Library Commissioners and member communities. OCLN and Sharon Public Library keep no permanent record of Internet sites visited by library patrons, the electronic databases accessed, or the searches performed by individual patrons. OCLN counts the number of viewers of different web pages within the sites it hosts (OCLN.org) and Sharon Public Library does the same for the pages it hosts (SharonPublicLibrary.org). This information is collected in order to improve the content offered on those sites and may be used to compile statistical reports. These logs do not include names, phone numbers, addresses, email addresses or other identifying personal information.

NOTE: Sharon Public Library cannot and does not guarantee that every task completed on any computer connected to its local and/or OCLN wide area network is private. Patrons are advised that they have no expectation of privacy in library computers and, therefore, any information or data viewed or stored on library computers may be accessed by others.

E-Mail Records: E-mail messages sent to any Sharon Public Library and/or Old Colony Library Network address may be stored or forwarded to others within the Library, OCLN, or to other libraries’ staff in order to respond to a request for information.
Library patrons may supply the Library with an email address to receive periodic mailings about new acquisitions, upcoming events, items about to fall due or items being held. This service can be discontinued by contacting the adult and/or children’s circulation desks.

Inter-Library Loan Records: Patrons may borrow items not owned by the Sharon Public Library from other libraries worldwide via Interlibrary Loan (ILL). The Sharon Public Library tracks items currently being borrowed and generates a paper record with patron information. Once the materials are returned and all appropriate fines and/or fees are paid, the paper record is destroyed. Only usage statistics are retained, not names of borrowers. For U.S. copyright purposes, titles of items may be kept but the borrower’s name is not attached to this record.

Reference Interviews: A reference interview occurs when a patron looking for information approaches a library staff and staff questions or interviews the patron in order to narrow down the specific information needed. Normally, no paper record is kept during the interview that has any patron information on it. However, if a request for information requires the librarian to contact the patron at a later time, which happens with an involved request or at busy times, for example, a patron name and number is taken and patron information is written down. As soon as the requested information is delivered to the requesting patron, the paper record is destroyed.

NOTE: For further information and related policies please review the following: OCLN Privacy Policy, OCLN Internet Use Policy, SPL Internet Access Policy, SPL Electronic Information Access Policy, SPL Rules for Use of Public Access Computers, SPL Library Behavior Policy, SPL Safety of Children in Library Policy, and the USA PATRIOT Act of 2001.

Sharon Public Library Staff Procedures for Complying with Law Enforcement
The Sharon Public Library staff will comply with law enforcement when supplied with legal subpoena or warrant.

Staff Procedures:

If anyone approaches you alleging to be a law enforcement official requesting information, do not disclose to that individual any information. Immediately contact a supervisor, department head, assistant director, or director.
The supervisor, department head, assistant director, or director will ask to see official identification and will photocopy the ID and/or request business card and/or record badge number and other pertinent ID information.
If law enforcement presents a subpoena, library staff should direct that person to their supervisor, department head, assistant director, or director; who will in turn direct the subpoena to legal counsel.
If library staff is presented with a warrant, do not interfere with their search and seizure. Contact your supervisor, department head, assistant director or director as soon as possible.
Keep a record of all legal requests.
Keep a record of all costs incurred by any search and/or seizures.
If a “gag order” is not in effect, director will notify the patron(s) affected, library trustees, town administration, the American Library Association, and other officials as deemed appropriate.

Emergency Situations
If, in the normal course of business, a library staff member observes what can be reasonably construed to be a threat of imminent danger to the library, staff, or patrons, he/she is to contact law enforcement officials immediately. He/She should then contact/inform his/her supervisor, department head, assistant director or director.