CONFIDENTIALITY OF LIBRARY USERS' RECORDS

NEW JERSEY STATUTES ANNOTATED
TITLE 18A:   73-43

73-43.1. Definitions

For the purposes of this act:

a.   “Library” means a library maintained by any state or local governmental agency, school, college or industrial, commercial or other special group, association or agency, whether public or private.

b.   “Library record” means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.

                           [L. 1985, c. 172, & 1.]

73-43.2. Confidentiality of library users' records

Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:

a.   The records are necessary for the proper operation of the library;

b.   Disclosure is requested by the user; or

c.   Disclosure is required pursuant to a subpoena issued by a court or court order.

        [L. 1985, c. 172, & 2.]

AASL STATEMENT ON CONFIDENTIALITY OF LIBRARY RECORDS

The members of the American Library Association, * recognizing the right to privacy of library users, believe that records help in libraries which connect specific individuals with specific resources, programs or services, are confidential and not to be used for purposes other than routine record keeping:   i.e. to maintain access to resources, to assure that resources are available to users who need them, to arrange facilities, to provide resources for the comfort and safety of patrons, or to accomplish the purposes of the program or service. The library community recognizes that children and youth have the same rights to privacy as adults.  

Libraries whose record keeping systems reveal the names of users would be in violation of the confidentiality of library record laws adopted in many states. School library media specialists are advised to seek the advice of counsel if in doubt about whether their record keeping systems violate the specific laws in their states. Efforts must be made within the reasonable constraints of budgets and school management procedures to eliminate such records as soon as reasonably possible.  

With or without specific legislation, school library media specialists are urged to respect the rights of children and youth by adhering to the tenets expressed in the Confidentiality of Library Records Interpretation of the Library Bill of Rights and the ALA Code of Ethics.