As specified in Wisconsin Statutes 43.30, “records of any library which is in whole or in part supported by public funds, including the records of a public library system, indicating the identity of any individual who borrows or uses the library’s documents or other materials, resources, or services may not be disclosed except by court order or to persons acting within the scope of their duties in the administration of the library or library system, to persons authorized by the individual to inspect such records, to custodial parents or guardians of children under the age of 16 under sub. (4), to libraries under subs. (2) and (3), or to law enforcement officers under sub. (5).”
The Mercer Public Library adheres to all sections of this Statute regarding the protection of the confidentiality of users. The library recognizes that the library’s circulation records and other records identifying the names of library users are confidential in nature. Such records shall not be made available to any agency of government or law enforcement except under the authority of a search warrant or subpoena. The Mercer Public Library will resist the enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court, and has been reviewed by the library’s legal counsel.
Handling of court orders
If a law enforcement officer (or anyone else) brings a subpoena directing library staff to produce library records:
- Notify the Library Director, or if the Director is not available, notify the Library Board president. Other library staff or volunteers should not accept any legal documents on behalf of the library.
- The Library Director or board president person should ask the municipal attorney (or library counsel) to review the subpoena.
- Follow legal counsel’s advice for compliance with the subpoena.
If law enforcement officers bring a court order in the form of a search warrant:
- A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
- Notify the Library Director, or if the Director is not available, notify the Library Board president. Other library staff or volunteers should not accept any legal documents on behalf of the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request to delay the search.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
If FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA):
- A search warrant is executable immediately.
- Notify the Library Director, or if the Director is not available, notify the Library Board president. Other library staff or volunteers should not accept any legal documents on behalf of the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
- It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).
Handling of parental requests to view records
Wisconsin Statutes Section 43.30 also requires that a library that is in whole or part supported by public funds must disclose to a custodial parent or guardian of a child under the age of 16 any records relating to that child’s use of the library’s documents, or other materials, resources or services. For the purposes of complying with this law, the library will use the following procedure to determine an individual’s right to access a child’s library record:
- The library will request identification from a person requesting the records of their custodial child (such as a driver’s license or other photo ID).
- Proof that the person resides at the same address as the child will be considered reasonable proof of custody.
- A custodial parent who does not have the same address as the child may provide other documents that might reasonably prove that the requester is a custodial parent. Such documents may include, but not be limited to, possession of a birth certificate of the child or a copy of court documents stating that the requester has physical custody of a child.
- The library will remove identifying information such as address, phone number, age, etc., of the child in question before complying with a request for information, as a custodial parent should already have this information.
- Library staff will respond to requests for information from custodial parents as soon as practical and without delay.
- A person who has been denied access to records of a minor child may appeal this decision to the Library Director and/or the Library Board.