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Ask the Lawyer - Recent Questions

School district public libraries independently calling for budget votes|

We are a school district public library. Can the school require the library to be part of its budget vote if the library desires to be separate from it?

Libraries, Fax Machines, and Data Security Obligations|

Outside of best practices for staff handling of sensitive documents, are public libraries otherwise bound by HIPAA, FERPA and SOX when sending faxes for patrons, in terms of the privacy protections provided (or not) by the type of fax technology?

Best practices for faxing sensitive documents|

In this RAQ’s section 2, “Libraries, Fax Lines, and HIPAA,” you say, there is NO CIRCUMSTANCE under which a public, academic or public library should be engaging in a HIPAA-governed communication.” You also say, “If your library is not transmitting this type of information, you can stop sweating about HIPAA, even if patrons are using your fax to send it.”

Public Library Taxes: Does a 259 Automatically End a 414? |

I am seeking information about what happens to pre-existing funding sources when a library holds a successful funding vote. It had been my understanding, in the case of a 259, that the municipal funders were no longer allowed to collect the amount of money that had been used to fund the library. Is this true? The same question about apply to a 414 or a school district public library. Library trustees and directors are interested in this information and so are the voters.