Confidentiality of Library Records
Wisconsin law has strong protections in place to assist the library in keeping records confidential. In certain circumstances, Library records may be subject to disclosure to law enforcement officials under provisions of state law or federal law under the provisions of the USA Patriot Act (Public Law 107-56). In accordance with the USA Patriot Act, public libraries must allow an immediate search and possible seizure of equipment or information if presented with a FBI National Security Letter or Foreign Intelligence Surveillance Act Warrant.
The relevant Wisconsin laws concerning the confidentiality of library records are Wisconsin Statutes Section 43.30 and the Wisconsin Personal Information Practices Act (Sections 19.62 to 19.80). Library records include any record of use of library materials, resources, or services.
Wis. State Statute 43.30 requires that library records may only be disclosed under the following circumstances:
With the consent of the individual library user.
To a custodial parent or legal guardian of a juvenile under 16 years of age.
By court order.
Upon the request of a law enforcement officer who is investigating criminal conduct alleged to have occurred at the library. In this instance, the library shall disclose all records pertinent to the alleged criminal conduct that were produced by a surveillance device under the control of the library.
To persons acting within the scope of their duties in the administration of the library or library system.
To other libraries for interlibrary loan purposes in accordance with the standards set forth in Wisconsin Statute Sections 43.30(2) and (3).
To a qualifying third party1 to assist with delinquent accounts. Under the provisions of the law, the library may only disclose the individual’s name, contact information and the quantity, types and value of unreturned materials, not the titles of the items.
Resources:
https://codes.findlaw.com/wi/cultural-institutions-ch-42-to-44/wi-st-43-30.html
https://dpi.wi.gov/pld/boards-directors/policy-resources/privacy
https://dpi.wi.gov/rl3/records
http://www.ala.org/advocacy/privacy/guidelines/students