Policy on Law Enforcement and Third-Party Requests for Library Records
That Identify Patron Information
Policy Statement
The Texas Open Records Act (Subchapter C. Information Excepted from Required Disclosure, Texas Government Code § 552.124) protects the confidentiality of library records in publicly-funded libraries that identifies or serves to identify a person who requested, obtained, or used library materials or services. Therefore, the circulation, registration, and service usage records of the Lewis Library shall not be made available to any third party or to any law enforcement agency of a local, state, or federal government except in those circumstances enumerated in the statute.
The legal custodian of records for the Gibson D. Lewis Health Science Library is the Director of Library Services. As such, the Director is the person responsible for responding to any request for library records or information about a library patron. The Director may designate one or more library employees to serve as persons responsible for responding to requests when the Director is absent or unavailable.
No library employee may release library circulation records or reveal information about a library patron to any third party or law enforcement agent unless authorized to do so by the Director of Library Services or the Director's designated alternate. In all circumstances, library employees shall follow the established Guidelines for Responding to Law Enforcement and Third-Party Requests for Library Records and Information. Each library employee’s supervisor is responsible for ensuring that he or she is familiar with the Guidelines and with this policy.
Adapted from the American Library Association’s Gotham City Public Library Model Policy 1.1. Used by permission.
Application of Policy
This policy applies to all Lewis Library patrons and their library records, as well as to all records generated by library services that identify patrons, either directly or indirectly.
Definitions
Library Patron – Any person who visits the library in person or who obtains or accesses its resources or services.
Procedures and Responsibilities
Procedure/Duty |
Responsible Party |
Respond to requests for library records and/or information about a library patron |
Director of Library Services or, in his/her absence, a designated alternate |
Respond to a request for disclosure from a law enforcement agency or prosecutor under a court order or subpoena obtained from a district court after a showing that the disclosure of the record is necessary to protect the public safety, or that the record is evidence of an offense or constitutes evidence that a particular person committed an offense |
Director of Library Services or, in his/her absence, a designated alternate with review by UNT System Office of General Counsel |
Respond to a request for disclosure to a person or a person’s authorized representative about information that relates to the person |
Director of Library Services or, in his/her absence, a designated alternate |
References and Cross-References
Texas Government Code § 552.124
Approved: 18 May 2009
Effective: 18 May 2009
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