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Policies |
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Internal Access to Records External Access to Records There is no public access to library records as per NYS Education Law 4509. "Library records, which contain names or other personally identifying details regarding the users of public, free association, school, college and university libraries and library systems of this state, including but not limited to records related to the circulation of library materials, computer database searches, interlibrary loan transactions, reference queries, requests for photocopies of library materials, title reserve requests, or the use of audio-visual materials, films or records, shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute." There is no public access to personnel records. Court Ordered Access to Records The director is responsible for handling any law enforcement requests. The President of the Board and the library's attorney will be consulted immediately before any other action is taken to ensure that (a) the document is in proper legal form; and (b) there has been a proper showing of good cause for its issuance, in a court of administrative body of competent jurisdiction. In the event of a search warrant records may be searched as soon as the library is served with the court's order as a search warrant is executable immediately. The director or library staff member in charge should always have at least one other staff member present when meeting with law enforcement officials. In the event law enforcement does not have a court order,
the library will explain the confidentiality policy and refer them to
the state's confidentiality law, as well as informing the agent or other
officers that users' records are not available except when a proper court
order in good form has been presented to the library. |