Recently Asked Questions (RAQs)

We got a question from a school library...

I was wondering about student privacy when substitutes are in the library. When I started here, subs were able to use the circulation desk to check out material. However, since September we have had one substitute who is also a parent looking up their children’s accounts. We also had another issue with a different substitute looking up material to see what students were checking out. When I found this out it made me uncomfortable and I am no longer allowing subs to circulate materials. I have had some pushback from subs about the sudden limitations. I was thinking that the information would be along the same lines as an adult volunteer. However, I did not know if subs had more privileges to access student accounts because they are district employees. I would like something in writing to reference if admin ever asks.

According to the RAQ: Using Emails from ILS Patron Database: “Although a member library contributes information to an ILS, unless system bylaws or policies say otherwise, that information belongs to the system, who is just as ethically and legally bound to protect the information as a member library.”

However, there was a question during a session at NYLA regarding system ownership of library records that seemed to contradict this.

If the system owns the ILS and therefore the library records, wouldn’t that mean that policies pertaining to accessing/creating/modifying/deleting records for the ILS should be governed by system policies that are also approved by each member library board?

I’m specifically thinking of such policies as Confidentiality of Library Records / Inquiries from Law Enforcement - where if the system owns the records then wouldn’t both these policies just be a system one? Also with having consistency for Library Card Applications. A patron can go to one of our libraries and have to show many forms of identification - but the same patron could see us at an outreach event and not even have to show their ID to get a card.

What are the legal requirements, or best practices, for libraries handling lost or unclaimed property, i.e. patron items left inadvertently at the library?

For items like lost library cards where the owner’s identity it easy to find, we look up the patron record and attach a note to it, then place the card in Lost & Found. But what about things like electronics? We’ve had a lost cell phone in L&F for several months now. I assume for privacy reasons we should never access the phone in an attempt to learn the owner’s identity?

Three area directors I’ve asked said that after one month, they give unclaimed phones to their local police department. Is this a legal requirement or simply a best practice? What about other found items, like money? Can money, after a period of time, be given to the library’s Friends group or kept by the library itself, or should it be turned over to the police as well?

Thanks.

Our public library has been told by patrons that another patron is following up on interactions at the library, including at the circulation desk, by showing up at the reporting patrons’ homes. Such behavior, if harassing, is against our Code of Conduct. Does our library risk legal liability for this?

Is the library at risk if a teen patron volunteers to share contents of a cell phone?

An adult patron recently called the library and said that her 11-year-old daughter reported being filmed outside the library (parking lot or backyard). The child reported that two teen patrons had been using cell phones to film her. No staff witnessed this, but all of the juveniles involved were known to library staff. The two teens had returned inside the library at the time the call came in, and staff asked them if what was reported was true. Both denied the claims, and one asked to “prove” that it wasn't true by showing the contents of his cellphone video library. Do we put ourselves at risk by allowing a patron (juvenile or otherwise) to show us such content? We can see a variety of ways that this might expose us to risk, but we also understand the teen’s impulse to defend himself.

Additional questions that came up (but maybe too much for a single query): If patrons do film each other without consent on library property, is that a further risk for us? If we were to explicitly state that filming others while on library property is against policy, how could we safely enforce that policy?