Confidentiality of Library Records

Purpose

Privacy and confidentiality of all patrons’ library records or file information is protected by law and is important to the Washoe County Law Library. This includes all library circulation records and all other records linking the names of library patrons, their addresses, and other personal information with specific materials, online sites, and resources they access.

Policy

Library staff members will protect information about library patrons and requests for information.

Any patron is entitled to information regarding his or her own items on loan, items on hold, items overdue, and fines. No information will be released to a patron by the library without verification that the patron asking for that information is that person.

No patron records or files will be made available to any individual, organization, or to any agency of federal, state or local government without a subpoena or court order. Any requests for patron record information will be referred to the Law Library Manager, the Assistant Court Administrator or the Clerk of the Court, and will not be released without authorization of same.

Scope and Applicability

This policy covers procedures for the handling and protection of library records and the confidentiality of all patrons’ library records.

Definitions

Circulation: the lending of library books and other materials.

Law

Nevada Revised Statute 239.013 states: “Any records of a public library or other library which contain the identity user and the books, documents, films, recording or other property of the library which were used are confidential and not public books or records within the meaning of NRS 239.010. Such records may be disclosed only in response to an order issued by a court upon a finding that the disclosure of such records is necessary to protect the public safety or to prosecute a crime.”

Procedures

• If a subpoena, warrant, court order, or any requests for confidential library information are presented to Law Library staff, the Law Library Manager must be notified immediately.
• If the Law Library staff is asked to provide library records or files by an official agent or officer, the Law Library Manager must be notified immediately.
• If the Law Library provides information for a government agency through the USA PATRIOT Act, the Law Library cannot notify anyone, including the person whose confidential information is being provided.
• The Law Library cannot disclose to third parties the fact that confidential information has been requested or obtained on an individual, unless the individual consents or the Law Library is compelled to make the disclosure by order, warrant, subpoena, or other legal process.
• The Law Library reserves the right to voluntarily disclose any information to any person or entity where the manager of the Law Library believes that an emergency involving immediate danger of death or serious injury justifies the disclosure.