Resolution 18-023 Amending the Homer Public Library Privacy Policy

CITY OF HOMER
HOMER, ALASKA

City Clerk/Library Director

RESOLUTION 18-023

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE HOMER PUBLIC LIBRARY PRIVACY POLICY.

WHEREAS, The Homer Public Library Privacy Policy has not been updated since 2002; and

WHEREAS, The Library Advisory Board reviewed and approved the amendments to the Privacy Policy as follows:

HOMER PUBLIC LIBRARY PRIVACY POLICY
The Homer Public Library recognizes the need to protect each individual’s right to privacy regarding the questions that are asked of the library staff, and the materials that are borrowed from the library.

Confidentiality of Library Records
Reaffirming the individual’s right to read, listen, and view, the Homer Public Library declares that circulation and registration records of the library are confidential in nature, protected by the individual’s right to privacy, and that they are not to be disclosed to any person or agency, government, or other organization, under any circumstance, except upon order from a court of competent jurisdiction.  Any costs incurred by the library in any search shall be charged to the agency demanding such search.

AN ACT

Authority for this policy is set in Alaska Statutes, Inspection and Copying of Public Records:     Sec. 40.25.140.  Confidentiality of library records.

(a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120.  This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.

(b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child. (sec. 1 ch 35 SLA 1985)

To conform with to the law:

Names, addresses, telephone numbers, or information concerning what items are on a patron’s record account or what a patron is reading will NOT be given out to anyone, including spouses and law enforcement officers, with the following exceptions:

A person requests information about his or her own card and can produce his or her library card. Patrons request information in person about their own accounts and can produce their own library cards.
A parent or legal guardian wants to know what materials are checked out on his or her minor child’s card and can produce proof of his or her identity. 
A person requests Patrons request information over the telephone about items on his or her own record, their own accounts and can provide the account number and PIN. or the minor child’s record and he or she can provide the patron bar code number.
Patrons email requesting information about their own accounts from the email address listed for the account and can provide the account number.
A parent or legal guardian requests titles of overdue, lost, or damaged items borrowed by their minor child, and the identity of the person can be verified as a guardian listed on the minor’s account.

Under no circumstances should a minor’s address or telephone number be given to anyone, including a parent or guardian.  A minor is anyone under the age of 18.  All notices sent to patrons will be in envelopes or otherwise suitably masked to maintain confidentiality.  All patron circulation records are cleared immediately after materials are returned and fines are paid.  If at any time there is a question about giving out information from library patron files and records accounts, the staff member will check with the library director.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, hereby amends the Homer Public Library Privacy Policy.  

                PASSED AND ADOPTED by the Homer City Council this 26th day of February, 2018.

                       CITY OF HOMER
                                                                                                   

                                                                                                                BRYAN ZAK, MAYOR

ATTEST:
 

MELISSA JACOBSEN, MMC, CITY CLERK

Fiscal note: N/A