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Why Patron Privacy Matters -- and How You Can Protect It

This guide accompanies a presentation given by Trina Magi, Library Professor at University of Vermont, for the Central Kansas Library System, June 15, 2023.

Kansas state law

Kansas Statutes Chapter 45. Public Records, Documents and Information § 45-221.

"(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:

"(7) Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution.

"(23) Library patron and circulation records which pertain to identifiable individuals."

Source: FindLaw.com

United States Constitution

Courts have upheld the right to privacy based on the the First and Fourth Amendments to the U.S. Constitution.

"The U.S. Constitution plays a significant role in defining individual rights and in shaping the government's actions with respect to those rights. While neither the Constitution nor the Bill of Rights explicitly guarantees a right to privacy, the Supreme Court has concluded that a right to privacy does exist, and is implicit in several provisions of the Bill of Rights."

Deborah Caldwell-Stone (2021). The law regarding privacy and confidentiality in libraries. In M. Garnar and T. Magi (Eds.), Intellectual Freedom Manual (pp.207-208). ALA Editions.

First Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Fourth Amendment:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Federal laws

Although there is no federal law comparable to state library confidentiality statutes, several federal laws may impact the privacy rights of library users:

  • Video Privacy Protection Act
  • Electronic Communications Privacy Act
  • Family Educational Rights and Privacy Act (FERPA)
  • The Children's Online Privacy Protection Act (COPPA)
  • Section 215 of the Foreign Intelligence Surveillance Act (FISA as amended by the USA PATRIOT Act)

More information is available in: Deborah Caldwell-Stone (2021). The law regarding privacy and confidentiality in libraries. In M. Garnar and T. Magi (Eds.), Intellectual Freedom Manual (pp. 206-223). ALA Editions.