Salem Public Library
Confidentiality Of User Records
Ohio Revised Code Sec. 149.432 provides that library records containing user information are confidential and are not open to the public. Library records are defined as a record in any form that is maintained by the library and that contains any of the following types of information: (a) information 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 specific subject; or (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.
In accordance with statute, library records or user information will only be released in the following situations:
- Parents, guardians and custodians will have access to their minor children's records. The statute does not limit this right to parents who actually live with the child. Parents who do not have custody, who are separated, or who are divorced have the right to access their minor children's records. Guardian is defined by the Ohio Revised Code Sec. 2151.011(B)(16) as a person, association, or corporation that is granted authority by a probate court to exercise parental rights over a child to the extent provided in the court's order. Custodian is defined by Ohio Revised Code Sec. 2151.011(B)(11) as a person who has legal custody of a child, or a public children's agency or private child placing agency that has permanent, temporary, or legal custody of a child. Parents, guardians and custodians are required to sign a statement on the Application/Permission Letter for Salem Public Library Minor's Borrower's Card certifying their status as the parent or legally appointed guardian or custodian of the minor child. The library reserves the right to request copies of court documents of legal appointments in its attempt to comply with state statute.
- In accordance with a subpoena, search warrant, or other court order, or to a law enforcement officer who is investigating a matter involving public safety in exigent circumstances. Upon receipt of such process, court order or subpoena, the library will consult with legal counsel to determine if such process, court order or subpoena is in proper form and if there is a showing of good cause for its issuance in a court of competent jurisdiction. If the process, court order or subpoena is not in proper form or if good cause has not been shown, the library will insist that any such defects be cured before the request is complied with. Proper identification of any law enforcement officer will be made before any information is released. All such requests for information must be referred to the Library Director.
- With the consent of the individual who is the subject of the record or information. The library recognizes and honors opt–in confidentiality waiver agreements. Each person registering for a borrower's card can designate specific individuals to whom they grant access to their library records, and can designate the information they will allow to be provided to their designee(s). Parents, guardians and custodians may make designations on the Application/Permission Letter for Salem Public Library Minor's Borrower's Card form.
- For library administrative purposes. Patron record information is available to board of trustees members and employees of the library for use in the ordinary conduct of library business. Information may be shared with individuals and corporations outside the library, such as automation vendors in the normal course of database creation and management or agencies utilized in the collection of overdue materials and outstanding fees.
- To document improper use of the Internet. In such instances, patron information is redacted from the document. Statute permits the release of patron gender and age information regarding the improper use of the Internet.
A person requesting access to their or their minor children's patron information must possess the borrower's card of the fourteen (14) digit patron identification number and verify the date of birth of the cardholder.
A designee requesting access to patron information must have the borrower's card of the person for whom access to patron information is being requested. Access to patron information is permitted only upon verification that the cardholder has granted access permission to the individual. A record of the access request will be maintained.
