POLICY ON CONFIDENTIALITY OF PATRON RECORDS
The Board of Trustees of Albert Wisner Public Library recognizes the responsibility to protect the privacy of library users. Library patrons’ First Amendment rights to guaranteed freedom of speech extend to a corresponding right to hear what is spoken and read what is written, free from fear of intrusion, intimidation, or reprisal.
The confidentiality of library records is protected by New York State Civil Practice Law and Rules Section 4509, titled “Library records,” which states:
“Library records which contain names or other personally identifying details regarding the users of public, free association, school, college or university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio–visual materials, films or 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 pursuant to subpoena, court order or where otherwise required by statute.”
Albert Wisner Public Library also ascribes to the American Library Association’s Code of Ethics, which states that Librarians “protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.” ALA Code of Ethics
Procedures for Implementing Policy on Confidentiality of Library Records:
In the event that staff receives a request that involves a patron’s confidential information, the following steps will be followed:
1. The Library staff member receiving the request to examine or obtain information relating to a patron’s confidential Library records will immediately refer the person making the request to the Library Director, who will explain the confidentiality policy.
2. Under no circumstances will staff disclose any confidential information regarding or including, but not necessarily limited to:
• Patron’s name, address, telephone number;
• Library card holding status;
• General information regarding a patron’s Library use habits, including but not restricted to, number of visits, time of visits and number or type of questions asked;
• Any information and records described in the State statute above.
3. The Library Director will review all requests in a timely manner. If necessary, the Library Director will consult with legal counsel to determine if such request is proper and in full compliance with proper legal authority. Requests for information without written consent from the named patron will be denied without the required subpoena, court order or requirement by statute.
4. If the Library is served with a subpoena or court order, the Library staff member will immediately deliver the subpoena or court order to the Library Director. The Library Director will consult with legal counsel to determine if the subpoena or court order is proper and in full compliance with legal authority. Absent written consent by the named patron, the issuance of a subpoena or court order will be the only basis upon which confidential information will be released, unless otherwise required by statute.
Adopted by Albert Wisner Public Library Board of Trustees April 28, 2026