[ISLMA-Share] Privacy Law

[Email list for the Illinois School Library Media Association]

The Library Records Confidentiality Act is in the Illinois Statutes--

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1004&ChapterID=16

LIBRARIES
(75 ILCS 70/) Library Records Confidentiality Act.

    (75 ILCS 70/1) (from Ch. 81, par. 1201)
    Sec. 1. (a) The registration and circulation records of a library are
confidential information. No person shall publish or make any information
contained in such records available to the public unless:
        (1) required to do so under a court order; or
        (2) the information is requested by a sworn law

enforcement officer who represents that it is impractical to secure a court
order as a result of an emergency where the law enforcement officer has
probable cause to believe that there is an imminent danger of physical
harm. The information requested must be limited to identifying a suspect,
witness, or victim of a crime. The information requested without a court
order may not include the disclosure of registration or circulation records
that would indicate materials borrowed, resources reviewed, or services
used at the library. If requested to do so by the library, the requesting
law enforcement officer must sign a form acknowledging the receipt of the
information. A library providing the information may seek subsequent
judicial review to assess compliance with this Section.
    This subsection shall not alter any right to challenge the use or
dissemination of patron information that is otherwise permitted by law.
    (b) This Section does not prevent a library from publishing or making
available to the public reasonable statistical reports regarding library
registration and book circulation where those reports are presented so that
no individual is identified therein.
    (b-5) Nothing in this Section shall be construed as a privacy violation
or a breach of confidentiality if a library provides information to a law
enforcement officer under item (2) of subsection (a).
    (c) For the purpose of this Section, (i) "library" means any public
library or library of an educational, historical or eleemosynary
institution, organization or society; (ii) "registration records" includes
any information a library requires a person to provide in order for that
person to become eligible to borrow books and other materials and (iii)
"circulation records" includes all information identifying the individual
borrowing particular books or materials.
(Source: P.A. 95-40, eff. 1-1-08.)

<http://www.ilga.gov/legislation/ilcs/documents/007500700K1.htm>

    (75 ILCS 70/2) (from Ch. 81, par. 1202)
    Sec. 2. This Act may be cited as the Library Records Confidentiality
Act.
(Source: P.A. 86-1475.)

Hope that helps.

Lou Ann Jacobs
ISLMA Legislation Chair

On Tue, Apr 25, 2017 at 7:43 AM, Email list for the Illinois School Library
Media Association <islma at list.railslibraries.info> wrote:

> I know that I have seen a copy of the exact wording of Illinois law on
> this listserv, but I have been unable to retrieve it through the listserv
> archive.  Does anybody have a copy of or know the name or number of the
> Illinois code that prevents school librarians from sharing title
> information for patron’s book check outs?
>
>
> Jeanne Brucher
> Teacher-Librarian
> jbrucher at geneseoschools.org
> Geneseo Middle School (309) 945-0524
> Geneseo High School (309) 945-0316
>
>
> _______________________________________________
> ISLMA-Share mailing list
> islma at list.railslibraries.info
> For list archives and subscription options, visit:
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