[Michlib-l] Question

Tue Sep 19 15:31:38 EDT 2017

Hello Stephanie:

I apologize for the delay in getting this information  to you. As far as a policy, you are not required to have such a policy. However, if you find that your library receives this type of request often, you may wish to establish some sort of ground rules.

1)The first issue here is whether the Library Privacy Act would permit Libraries to give this information over the phone.

The Library Privacy act is pretty clear in that it states that the owner of a record is the person who is responsible for the return of materials, or the paying the fines on an account. They are the only ones who can approve the relaying of Information. MCL 397.603(2)<http://legislature.mi.gov/doc.aspx?mcl-397-603>

So, depending on how the circulation policies of a library treat children patrons, the owner of the child’s patron record could be the child, both parents, one particular parent, or anyone else who sponsors the child for a card.

At what point a minor is responsible for their own account, in some way, depends on the circulation policies of the library:

  *   How are children’s cards issued – do parents have to sign? Are parents or guardians responsible for materials and fines?

  *   Are parents treated individually or as a unit (are both parents interchangeable as far as responsibility, or does the parent who signs the card have sole responsibility for the record)?

  *   Can people other than parents obtain cards for the kids (such as other relatives, etc.)?

  *   Does the library keep track of custodial vs non-custodial parents?

2) The second part of this question is about verifying the identity of someone who calls asking for information about the child or their record.

If they really wanted to, libraries could devise methods of questioning parents on details such as address, school, etc. to try to verify identity, but I would not recommend this. It is time consuming and places a burden on library staff.  It is also not the most secure method of verifying information.

Realistically, it would probably be in  the library’s interest to have a policy where information on whether or not a patron is in the library is not  transmitted over the phone.

An option in such a situation – which mitigates the risk - is to ask the patron to come by the library so the staff can assist them in looking for the child (or will provide information upon verification of identity). In fact, a viable response to this situation in general would be to tell the patron calling that the library cannot answer these types of inquiries over the phone, but if the patron stops by the library, and is eligible to receive the requested information, the library would be happy to assist.

In sum, I would suggest that a library receiving these types of inquiries devise a policy that prohibits them from relaying this type of information over the phone.

I would also recommend that a library DOES have a policy that  provides for how consent to provide information can be obtained, pursuant to MCL 397.603(3)<http://legislature.mi.gov/doc.aspx?mcl-397-603>

However, as always, please be sure to consult your attorney before finalizing any policy.

I hope this is helpful!
Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

Nourishing Michigan’s Future…during school and during the summer!  Find a Summer Food Service Program site nearest you and encourage Michigan’s children to Meet Up and Eat Up!    www.michigan.gov/meetupeatup<http://www.michigan.gov/meetupeatup>

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From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Hartford Public Library via Michlib-l
Sent: Tuesday, September 19, 2017 1:18 PM
To: Michlib-l <michlib-l at mcls.org>; Michigan Listserv <michlib-l at mail2.mcls.org>
Cc: Stephanie Daniels <hartfordlibrary2000 at yahoo.com>
Subject: [Michlib-l] Question

Dear Librarians,

I know this issue was discussed before, but I need some clarification. If someone calls and asks if a person is here in the library, we should not give out that information. How do we know who is calling. Does it apply to children? I asked the Library of Michigan law specialist, but I did not receive an answer as yet. Do we have to have a policy regarding this issue?

Regards,
Stephanie Daniels
Hartford Public Library
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