OSU Libraries’ Policy on Patron Confidentiality: OARDC Library Procedures

Preface: The OSU Libraries, including the OARDC Library, respect the privacy of library patrons with regard to the materials they borrow or the information they access. The Libraries’ policy on patron confidentiality (Attachment A) supports the American Library Association's statement on "Confidentiality of Library Records". Further, the Libraries are guided by section 149.432 of the Ohio Revised Code pertaining to library records and patron information (Attachment B). Library staff will not provide any information about a patron’s borrowing or research activities to anyone, except under issuance of a court order or as otherwise required by law.

Procedure: In the event that any individual or agency seeks information with respect to OARDC library records and/or patrons and patron usage, this person or agency is to be referred to the OARDC Librarian, who will notify the Associate Director, OARDC (or designee) and the Assistant Director for Public Services of the Ohio State University Libraries. The OSU Libraries’ Administration designee will then consult with the OSU Office of Legal Affairs to determine the proper, lawful response to the request for information.

The current contact information for the OSU Libraries is:

Constance J. Britton

OARDC Library

July 23, 2002

Reviewed and approved by OARDC Director’s Cabinet 8/02

Attachment A.

PATRON RECORD CONFIDENTIALITY (OSU)

The Ohio State University Libraries supports the American Library Association's statement on "Confidentiality of Library Records." Confidentiality extends to "information sought or received, and materials consulted, borrowed, acquired," and includes database search records, reference interviews, circulation records (including those of closed reserve), interlibrary loan records and other personally identifiable uses of library materials, facilities, or services. All information regarding library patrons and materials checked out to them is confidential and is not to be made available to any individual or agency of the state, federal or local government except under issuance of a court order or as otherwise required by law. Any individual or agency seeking such information should be referred to the Director of Libraries.

Library employees may not use or access the information contained in patron records except for authorized work-related purposes. Some examples of unauthorized uses of patron records follow, but this list is designed as a guide and is not exhaustive. If you have questions about accessing patron records or about a request from anyone else, ask your supervisor first.

1.Employees are prohibited from revealing the identity of a patron to whom any item is checked out, or to whom it was previously checked out.

2.Employees are prohibited from revealing circulation information relative to which students in a class did or did not check out items that were on closed reserve to anyone, including the class professor.

3.Employees are prohibited from providing information contained in or attached to a patron record to any person except a library employee who has a legitimate work-related purpose or to the patron who presents photo identification. This includes (but is not limited to) fine balances, claim returned or block/sanction information, specific number of or list of items checked out or generalized topics of materials checked out. Any patron who wishes to have a copy of his/her own patron record can access it using the "View the patron record? feature of OSCAR.

4.Employees who have password authority to update a patron record are prohibited from including unauthorized or inappropriate messages, notes, blocks, etc.

5.Employees are prohibited from "browsing" the database, to check out materials not specifically requested by the patron or to inappropriately alter a hold queue. Employees may access patron records for authorized work-related purposes only.

It is The Ohio State University Libraries' policy that misuse of information contained in the Libraries' patron database will result in disciplinary action, up to and including dismissal.

Last modified: 12/08/00

Attachment B

Ohio Revised Code § 149.432 Release of library record or patron information.

Text of Statute

(A) As used in this section:

(1) "Library" means a library that is open to the public, including any of the following:

(a) A library that is maintained and regulated under section 715.13 of the Revised Code;

(b) A library that is created, maintained, and regulated under Chapter 3375. of the Revised Code;

(c) A library that is created and maintained by a public or private school, college, university, or other educational

institution;

(d) A library that is created and maintained by a historical or charitable organization, institution, association, or

society.

"Library" includes the members of the governing body and the employees of a library.

(2) "Library record" means a record in any form that is maintained by a library and that contains any of the following

types of information:

(a) Information that the library requires an individual to provide in order to be eligible to use library services or

borrow materials;

(b) Information that identifies an individual as having requested or obtained specific materials or materials on a

particular subject;

(c) Information that is provided by an individual to assist a library staff member to answer a specific question or

provide information on a particular subject.

"Library record" does not include information that does not identify any individual and that is retained for the purpose

of studying or evaluating the use of a library and its materials and services.

(3) Subject to division (B)(5) of this section, "patron information" means personally identifiable information about an

individual who has used any library service or borrowed any library materials.

(4) "Internet" has the same meaning as in section 3517.106 [3517.10.6] of the Revised Code.

(B) A library shall not release any library record or disclose any patron information except in the following situations:

(1) If a library record or patron information pertaining to a minor child is requested from a library by the minor child's

parent, guardian, or custodian, the library shall make that record or information available to the parent, guardian, or

custodian in accordance with division (B) of section 149.43 of the Revised Code.

(2) Library records or patron information shall be released in the following situations:

(a) In accordance with a subpoena, search warrant, or other court order;

(b) To a law enforcement officer who is acting in the scope of the officer's law enforcement duties and who is

investigating a matter involving public safety in exigent circumstances.

(3) A library record or patron information shall be released upon the request or with the consent of the individual who

is the subject of the record or information.

(4) Library records may be released for administrative library purposes, including establishment or maintenance of a

system to manage the library records or to assist in the transfer of library records from one records management

system to another, compilation of statistical data on library use, and collection of fines and penalties.

(5) A library may release under division (B) of section 149.43 of the Revised Code records that document improper

use of the internet at the library so long as any patron information is removed from those records. As used in division

(B)(5) of this section, "patron information" does not include information about the age or gender of an individual.

HISTORY: 148 v H 389. Eff 10-5-2000.

Posted by Connie Britton

2/26/2003