It is the policy of the Fondulac Public Library District to preserve the confidentiality of the registration and circulation records of its patrons to the fullest extent permitted by law. Information regarded as confidential in patron records includes name, address, telephone number, email address, and any other information provided on the registration and circulation record. Additionally, library staff may not disclose whether or not a person has a library card.
The Library may use registration information to distribute library-related information to registered borrowers. However, registration and circulation records will not be made available to individuals (other than the patron him- or herself), groups, or businesses. These records will not be made available to any local, state, or federal agency, or to any private individual, e.g., an attorney, except pursuant to a court order as may be authorized under the authority of and pursuant to federal, state, and local law. (Note: Usually a subpoena in Illinois is inadequate for disclosures of confidential information. However, a subpoena may be issued by the U.S. Attorney General under the provisions of the USA Patriot Act.) In all instances, the library’s legal counsel may be consulted or advised of issues related to patron confidentiality.
The general and specific provisions of this policy are in accord with the Illinois Library Records Confidentiality Act (75 ILCS 70/1). A copy of the Library Records Confidentiality Act accompanies this policy. All library staff and employees are advised that such records shall not be made available to casual members of the public, the press, or to any agency of the state, federal or local government, except pursuant to such process, order or subpoena as may be authorized under the authority of and pursuant to federal, state, or local law relating to civil, criminal, or administrative discovery procedures of legislative investigatory power.
Any employee of the Library who receives a request, or who is served with a subpoena, court order, or search warrant, to release or disclose any library record shall promptly notify the Library Director.
The Library Director, in a timely manner, shall review all requests and orders, consult with the library’s attorney as necessary, and respond in an appropriate manner to each request and order. If a request or order is not in the proper form, or if good cause has not been shown, insistence shall be made that such defects be cured before any records are released.
In the immediate absence or unavailability of the Library Director, all requests for information will be referred to the Manager-in-Charge or senior staff member, who will notify the Library Director of the circumstances, and of any actions taken, as soon as possible.
In the event that an urgent request by a sworn law enforcement officer states that it is impractical to obtain a court order as a result of an emergency, and there is probable cause to believe there is imminent danger that someone will be physically harmed, the information requested, limited to only identifying a suspect, witness or victim of a crime, but not including any registration or circulation records that would indicate materials borrowed, resources viewed or services used at the library, shall be provided to the officer if the attached form is fully completed and signed by the officer.
Approved: January 27, 2003
Revised: February 24, 2025
(Full policy and form available through the Download Policy button below.)