Regulations

There are many regulations that guide privacy in libraries for teens. The following regulations are the predominant ones when dealing with teen privacy in libraries. ALA Guidelines for Developing a Privacy Policy

The rights of minors vary from state to state. Libraries may wish to consult the legal counsel of their governing authorities to ensure that policy and practice are in accordance with applicable law. In addition, the legal responsibilities and standing of library staff in regard to minors differ substantially in school and public libraries. In all instances, best practice is to extend to minors the maximum allowable confidentiality and privacy protections.

Children's Internet Protection Act (CIPA)

Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing: (a) access by minors to inappropriate matter on the Internet; (b) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; (d) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (e) measures restricting minors’ access to materials harmful to them.

Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act (COPPA), in effect April 21, 2000, applies to the online collection of personal information from children under 13. The rules explain what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent, and what responsibilities an operator has to protect children's privacy and safety online.

For this regulation, a child is defined as an individual under the age of 13.

If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act.

Before collecting, using or disclosing personal information from a child, an operator must obtain verifiable parental consent from the child's parent. This means an operator must make reasonable efforts (taking into consideration available technology) to ensure that before personal information is collected from a child, a parent of the child receives notice of the operator's information practices and consents to those practices.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

State Laws

Arizona Revised Statutes § 41-1354, Privacy of user records; exceptions; violation; classification

A. Except as provided in subsection B, a library or library system supported by public monies shall not allow disclosure of any record or other information which identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.

B. Records may be disclosed:

1. If necessary for the reasonable operation of the library.

2. On written consent of the user.

3. On receipt of a court order.

4. If required by law.

C. Any person who knowingly discloses any record or other information in violation of this section is guilty of a class 3 misdemeanor.

Additional Resources for State Laws

This website lists the library privacy laws by state. Many of them include stipulations for minor children.

This website includes a wonderful and easy to read table that lists exceptions to library privacy laws by state. Please note the column titled "Parent or Guardian".

This website from the American Library Association (ALA) provides advice concerning state privacy laws.