Milford
Town Library Law Enforcement Cooperation Policy
The Milford Town Library supports the President of
the United States and congressional leaders in our nations efforts
to preserve and protect the many hard fought freedoms we enjoy as Americans.
However, public libraries face the dilemma of having the responsibility
of protecting the privacy of our patrons, while responding to legitimate
national security and law enforcement concerns. Due to the passage
of the USA Patriot Act, and the increase in computer crimes including
email threats, online obscenity and child pornography, visits by law
enforcement officers to libraries have increased.
Confidentiality
These guidelines,
developed to assist the Milford Town Library
staff in dealing with law enforcement inquiries,
rely upon the Library’s confidentiality and privacy policies, and
the American Library Association’s
Code of Ethics.
The mission
statement of the Milford Town Library includes
the statement: “We are dedicated to
providing free, easy, equal and confidential
access to all forms of human expression.
The Milford
Town Library policy on the “Confidentiality
of Library Records” states that “in
accordance with Mass General Laws, Chapter
4 Section 26 and Chapter 78 Section 7,
circulation and registration records identifying
the names of library users are not part
of public record. The intellectual pursuits
of individuals using library materials
are considered confidential information
regardless of the age of the borrower.
Such records shall not be made available
to any individual, or agency except pursuant
to such process, order, or subpoena as
may be authorized under the authority of,
and pursuant to, federal, state, or local
law relating to civil, criminal, or administrative
discovery procedures or legislative investigative
power.”
The Milford Town Library strives to create a safe,
crime free environment, where patrons can pursue knowledge and information
on any topic, and patrons can ask any question and discuss any topic.
The Library will rely on existing laws and library policy to control
behavior that involves public safety or criminal behavior.
USA Patriot Act of 2001
HR-3162 became Public Law 107-56 in response to the
events of September 11, 2001. The full title of the law is: Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001. The Act may provide law
enforcement with broader boundaries when investigating information
accessed and transmitted by patrons with regards to national security
concerns. Access to patron information may include but not be limited
to:
· Computer use records
· Circulation records
· Database search records
· Inter-library loan records
· Reference interviews
Significantly,
the Act provides that “no
person shall disclose to any other person
(other than those necessary to produce the
tangible things under this section) that
[law enforcement] has sought or obtained
tangible things under this section.”
Information Access and Confidentiality
Circulation Records: Books and other materials are
checked out to the public via the C/W MARS Innovative Interfaces system.
The circulation software, which is housed and maintained at the C/W
MARS Central Site office in Paxton, tracks items checked out to the
current borrower and also retains the name of the patron to whom the
item was last checked out. Items, whether currently checked out or
on the shelf, retain the link to the previous borrower. When the item
is returned, the link to the prior borrower is severed so long as all
fines are paid. With unresolved or blocked accounts where items are
lost or fines unpaid, the link between the delinquent borrower and
the borrowed item remains until the issue with the account is resolved.
Item search: A search of the C/W MARS circulation database by item will reveal
the current borrower (if the item is in circulation) and the previous borrower.
Borrower search: A search of the C/W MARS circulation database by name of the
borrower will reveal the names of books that the borrower currently has checked
out; the names of items associated with currently unpaid fines, and the fines
paid on overdue items in the past 5-8 months.
System blocks: The C/W MARS system automatically blocks a patron from borrowing
materials if there are outstanding fines in excess of $10.00, or if they have
a lost book on their account.
Manual blocks: Member libraries may attach notes
to a borrower’s record
that will display when that borrower attempts to
check out materials.
PC Workstations: The Milford Town Library PC workstations
offer Internet access, online catalog stations, word-processors, and
homework center PCs. Patrons may access these work stations for no
more than 2 one-hour sessions, on any of the PCs, per day. Walk up
access is possible on unused PCs, or advance reservations may be made
at the PC reservation terminal. Information is maintained detailing
how often the PCs were accessed but not what sites were accessed. At
the end of the day (12:00 a.m.) the library card numbers of the daily
users are purged from the system. Internet and PAC search histories
are purged when a User logs off their session.
System-wide
Holds: This is a hold placed online by a
member library for an item in their own or
another member libraries collection. System
wide holds create a link between an item
and the patron requesting the item, before
the patron has actually received the item.
When the patron actually receives and checks
out the item, the link becomes a “circulation” record,
and the request link is removed. No long-term
record of the request is retained after this
point.
Interlibrary Loan Records: Interlibrary Loans are
transactions in which library materials are requested from a library
outside the C/W MARS system. The Milford Town Library tracks items
currently being borrowed and generates a paper record with patron information.
After a period of 2 months, once the materials are returned to the
owning library and all appropriate fines/fees have been paid, the paper
record is destroyed.
Reference Interviews: A reference interview occurs
when a patron looking for information approaches a staff member, and
that staff member questions or interviews the patron to narrow down
the specific information needed. Notes may be taken to facilitate the
search, and patron contact information may be recorded in order to
get back to that patron. All paper records of a reference interview
are destroyed as soon as the requested information has been delivered.
Milford Town Library Procedure for
Complying With Law Enforcement
Milford Town Library employees will comply with law
enforcement when supplied with a legal subpoena or warrant. Such requests
will always be in writing.
If anyone approaches a staff member alleging to be
a law enforcement official requesting information do not disclose to
that individual any information.
Immediately contact the Library Director. If the Director is outside the building,
every attempt should be made to contact the Director. In the case that the
Director cannot be reached, contact a Supervisor.
The Director or Supervisor will ask to see official
identification and will photocopy the identification.
