Confidentiality Policy

Overview:

In accordance with Colorado State law the Pikes Peak Library District requires that patron records and any other information that identifies a person as having used the Library are confidential.

Concerning privacy of library user records, Colorado law (Colorado Revised Statutes 24-90-119) states:

Privacy of user records:

1. Except as set forth in subsection (2) of this section, a publicly-supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.
2. Records may be disclosed in the following instances: (a) When necessary for the reasonable operation of the library; (b) Upon written consent of the user; (c) Pursuant to subpoena, upon court order, or where otherwise required by law; (d) To a custodial parent or legal guardian who has access to a minor's library card or its authorization number for the purpose of accessing by electronic means library records of the minor.
3. Any library official, employee, or volunteer who discloses information in violation of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

Confidentiality of Staff Records:

The confidentiality and privacy provisions also apply to the personal borrowing records of staff members. However, if an employee has a "staff" card with extended borrowing privileges, the Circulation Services Manager may monitor this card for appropriate work-related use.

Confidentiality touches on many areas within the Circulation Department. To help you feel more comfortable with these issues, we have included several situations you may encounter and appropriate responses.

1. Parent requests information on their child’s card. What information can we provide?

Staff can provide the information requested if:

The parent has possession of the child’s library card, or

The parent provides us with the child’s last name, library card number and personal identification number (PIN).

Unless the above conditions are met, staff may not provide the parent with specific title information on the child’s card due to the confidentiality provisions of Colorado law (C.R.S. 24-90-119). Staff can tell them how many items are checked out and when they are due. If they would like additional information, we provide a charge receipt at the time the materials were borrowed. Also, if they have access to the Internet, they may find additional patron information on our website (http://ppld.org).

2. A parent receives a letter to the child that says an item is lost. They feel they need to know the title of the book, so they can return the item. How do we respond?

If a parent requests title of a "lost" item for the purpose of locating the item to return to PPLD, you may provide the title of the book. This falls within "reasonable operation of the library".

3. A parent is upset because he/she feels responsible for fines on a child’s card. How do we respond to the parent?

If a parent requests title of an overdue item for the purpose of locating the item to return to PPLD, you may provide the title of the book. This falls within "reasonable operation of the library".

4. Parent calls to request child’s library card number. Can we provide the number?

You should not provide this information. Refer to provisions of the privacy law if necessary. Frequently in this situation the library card has been lost. A good solution is to suggest a replacement card for the child.

5. A patron calls to renew items on a family member’s card. Some of the items did not renew. Can we tell the titles of these items?

It is acceptable to provide the titles requested if the caller provides:

1. Last name, and
2. Library card number, and
3. PIN of the other patron.

Under the provisions of C.R.S. 24-90-119 you cannot tell the caller the titles unless the above conditions are met. However, you can suggest that the cardholder call the Library, and we will be glad to provide the information. You can also offer to mail a copy of the printout to the patron.

6. Someone other than the patron wants to pick up holds. How do we handle?

Allow check out and check out items on the card of the person picking up the holds. However, if they have the library card of the individual who placed the hold, check out using this card. We believe this is acceptable, because the title of the hold is on the notice we mail to the patron.

7. Patron wants to know the name of the next person on the hold list. Can you provide this information?

No. You cannot release this information. Refer to provisions of the privacy law if necessary.

8. A police officer who is investigating a murder demands information on the record of a patron believed to be a suspect? Should you provide this information?

No information can be provided without a subpoena or a court order. Refer the officer to the Executive Director, or the Associate Director of Public Services, or the Associate Director of Branches & Outreach.

If the officer presents a subpoena or a court order, refer the officer to the person in charge of the facility at that time. They will verify that the order matches what the officer is requesting and provide the information.

9. A police officer questions whether a person was seen in the library. Should you provide this information?

I cannot identify anyone unless you have a subpoena or court order.

10. A patron you know well needs to know who has checked out all the customer service videos. What do you say?

Refuse politely and explain that providing this information would be in violation of the law.

11. Someone calls to ask for the titles borrowed by a family member/friend who has died. They are handling the estate and want to return all library materials.

Please refer this question to the Circulation Services Manager.

12. A female patron presents John Smith’s library card and requests information. We do not think that the patron is the same person as the cardholder. Can we provide the information?

Yes. Possession of the card implies consent to provide information.

13. What are some ways we may offer to assist our users to manage their records?
1. Give borrowers a charge receipt that lists titles borrowed at the time of checkout.
2. Provide parents with information on the number and types of materials charged on their child’s account, as well as fines and due dates. Also, see #1 above.
3. Offer to print a copy of the items on the patron record and mail it to the person named on the card.
4. Inform patron that patron records are available online at catalog.ppld.org.
14. A patron may ask you, what is "reasonable operation of the library" as noted in the Colorado law.

This is a matter of judgment, but a good basis is that other Colorado libraries have established similar procedures.

Approved by the Pikes Peak Library District Board of Trustees, April 24, 2001