Inquiries re: Library Patron, Circulation and Other
Records
Staff Guidelines
Introduction: Our professional ethics require that any personal information about a library user be kept confidential. In addition, Georgia law 24-9-46 requires this. Recent legislation, particularly the U.S.A. Patriot Act—which expands the authority of local, state and federal law enforcement to gain access to library records, including stored electronic data and communications—has made us even more aware of the need to be prepared when confronted by a request for access to records by a law enforcement agency. Although both the American Library Association and the Georgia Library Association have gone on record as opposing this law, it is nevertheless a law, and we must be prepared to handle such a request if it occurs. Therefore, the following procedures are to be followed if a member of law enforcement visits the library.
If a member of a
law enforcement agency comes to the desk claiming to have a Search Warrant:
1. Immediately ask for identification and the court order in the form of a Search Warrant. Acceptable identification would be a photo ID issued by the agency employing the person, not a driver's license or other ID which an ordinary member of the public would have.
(If the officer has no identification or a court order
with him/her, see instructions below.)
2. A Search Warrant must be obeyed immediately; however, the employee should ask if s/he can call a member of the library administration to witness the search. Even if the officer is unwilling to wait until a member of the Library Administration and/or the University Counsel is present, the employee should nevertheless call one of the people listed below right away.
|
Lorene Flanders |
x96492 |
770-836-2859 |
|
Mark McManus |
x96369 |
770-854-6003 |
|
Carol Goodson |
x96507 |
770-834-0269 |
The administrator reached will then contact the University’s legal counsel so he has the opportunity to be present during the search and to examine the Search Warrant to be sure that the search conforms to the terms of the warrant (however, this request may be refused because legally, the search may begin immediately). If the employee is unable to contact any of the supervisors listed, s/he should call the UWG Legal Counsel directly: Dr. Gus Douvanis, x3041 or 770-836-1295. (In the unlikely event that no library administrators or the UWG Counsel can be reached, notify them as soon as possible).
During the search, the staff member should cooperate and ensure that only the records identified in the warrant are produced, and that no other user records are viewed or copied.
3. If the court order is a Search Warrant issued under the Foreign Intelligence Surveillance Act (FISA, U.S.A Patriot Act Amendment):
Follow the same procedures as above, however under this law, you are not allowed to disclose (outside of the chain of command listed above) that such a warrant has been served or that the records were indeed produced. In other words, other than informing the supervisors listed above, no one else can be told, including other staff or the person whose records were the object of the search. The Library still has a right to legal representation, and may request that the UWG Legal Counsel be present during the actual search. Again, however, the officer may or may not agree, because legally, the search may begin immediately upon presentation of the court order.
If the officer has no identification or a court order
with him/her:
If the officer has no official agency ID, inform him/her that you
cannot provide access until you receive assurances that s/he truly represents the
agency with which s/he claims to be associated.
If the officer does
not have a court order (such as a Search Warrant)
compelling you to provide access to records, inform him/her that these records
are confidential and not available except under court order. The only question you are required to answer
is your name and address. If the officer
persists, explain that, as a good citizen and according to law and professional
ethics, you are unable to respond to requests for release of confidential
information.
As soon as possible, your supervisor and the
Library Administrative offices should be informed of the visit, so they can
make the UWG Legal Counsel aware of the incident.
If a member of a
law enforcement agency comes to the desk with a Subpoena:
Unlike a Search Warrant, we are not required
to respond to a Subpoena immediately.
The staff member should accept the Subpoena and give it to
either the Supervisor or the Library Administrative office as soon as possible
(immediately or at the beginning of the next business day), so it can be
delivered to the University’s Legal Counsel.
The Division Head should also be informed of the event.
If a member of a
law enforcement agency or other individual comes to the desk with an Open Records Request:
All Open Records Requests must be channeled through the UWG Custodian of Records (currently Dr. Andrew Luna). If, for some reason, the Custodian is unavailable, the
Assistant to the President (Gus Douvanis) should be notified. According to the Act,
UWG only
has three business days to respond to the request. For more details regarding how to respond to
Open Records Requests, go to http://www.westga.edu/~instrsch/RecordsMgmt/ORA.shtml