Confidentiality

Confidentiality Statement

CMCSS libraries respect the privacy and confidentiality of all patrons.

CMCSS FERPA Policy Position

STUDENT RECORDS (REC-P007)

STUDENT RECORDS POLICY (REC-A001)

FERPA 

CMCSS Master Document Search 

TENNESSEE CODE

TITLE 10. PUBLIC LIBRARIES, ARCHIVES AND RECORDS

CHAPTER 8. CONFIDENTIALITY OF LIBRARY RECORDS

Tenn. Code Ann. 10-8-101 - 10-8-103

10-8-101. Definitions as used in this chapter, unless the context otherwise requires:

(1) "Library" means:

(A) A library that is open to the public and established or operated by:

(i) The state, a county, city, town, school district or any other political subdivision of the state;

(ii) A combination of governmental units or authorities;

(iii) A university or community college; or

(B) Any private library that is open to the public; and

(2) "Library record" means a document, record, or other method of storing information retained by a library that identifies a person as having requested or obtained specific information or materials from such library. "Library record" does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.

10-8-102. Disclosure prohibited -- Exceptions

(1) Except as provided in subsection 

(b), no employee of a library shall disclose any library record that identifies a person as having requested or obtained specific materials, information, or services or as having otherwise used such library. Such library records shall be considered an exception to the provisions of § 10-7-503.

(2) Library records may be disclosed under the following circumstances:

(A) Upon the written consent of the library user;

(B) Pursuant to the order of a court of competent jurisdiction; or

(C) When used to seek reimbursement for or the return of lost, stolen, misplaced or otherwise overdue library materials.

10-8-103. Applicability - The provisions of this chapter shall apply to libraries included within the provisions of chapters 1 and 3-5 of this title.

AASL Position

Position Statement on the Confidentiality of Library Records: “The members of the American Library Association,* recognizing the right to privacy of library users, believe that records held in libraries which connect specific individuals with specific resources, programs or services, are confidential and not to be used for purposes other than routine record keeping: i.e., to maintain access to resources, to assure that resources are available to users who need them, to arrange facilities, to provide resources for the comfort and safety of patrons, or to accomplish the purposes of the program or service. The library community recognizes that children and youth have the same rights to privacy as adults.

Libraries whose record keeping systems reveal the names of users would be in violation of the confidentiality of library record laws adopted in many states. School librarians are advised to seek the advice of counsel if in doubt about whether their record keeping systems violate the specific laws in their states. Efforts must be made within the reasonable constraints of budgets and school management procedures to eliminate such records as soon as reasonably possible.

With or without specific legislation, school librarians are urged to respect the rights of children and youth by adhering to the tenets expressed in the ALA Policy on Confidentiality of Library Records, Library Bill of Rights, Privacy: An Interpretation of the Library Bill of Rights and the ALA Code of Ethics.”

Revised on 05/27/22