MI- Laws, local policies limit library patron record disclosure

9-10-2008 Michigan:

At a time when privacy is at a premium, the need for law enforcement agencies to preserve public safety and homeland security is likewise reaching an apex. That's made local libraries an interesting focus in the confrontation between public safety and individual privacy.

In Michigan, local libraries must comply with statutory requirements when it comes to handling investigators' requests for patron records. Under the Michigan Library Privacy Act, library patron records may not be disclosed to third parties unless mandated to do so by written court order or subpoena.

As sated in that act, "'Library record' means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron's name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. Library record does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general."

The Library of Michigan, a state-sponsored agency, guides local libraries on how to comply with record disclosure laws. However, there are certain situations that have to deviate from the state law's provisions — particularly when provisions of the federal Patriot Act are invoked.

"The Michigan Library Privacy Act controls all situations unless federal law enforcement officials come into a library possessing a national security letter or an order requesting patron information," said Lance Werner, a library law specialist with the Library of Michigan. "In those situations, the Patriot Act controls those situations and those situations are solely pertaining to terrorism investigations. Other than that, no information can be disclosed regarding people's circulation records or contact information without their consent or without a court order. Even if there is a court order, the library still gets an opportunity to be heard in court before information is released."

Some lakes area libraries have adopted site-specific policies on patron record disclosure to ensure privacy and confidentiality.

The following is a breakdown of how lakes area address patron privacy issues related to law enforcement and homeland security needs. ..For Remainder of Article.. by Andrew Sawmiller