Patron Privacy and Confidentiality
It is the policy of the Grosse Pointe Public Library to preserve the privacy of circulation records of its patrons to the fullest extent permitted by law. To that end, the circulation records of the Library shall be released or disclosed only as provided herein.
It is the policy of the Grosse Pointe Public Library to preserve the confidentiality of the registration records of its patrons to the fullest extent permitted by law. To that end, the registration records of the Library shall be released or disclosed only as provided for herein.
All patron registration information shall be treated by the staff of the Grosse Pointe Public Library and Grosse Pointe Public Schools as confidential, including name, address, telephone number, email address, and any other information provided on the patron’s record. This policy also prohibits disclosure of whether or not a person has a library card.
- Registration Records: This policy defines the “registration records” as any information gathered from the patron on the library card registration form and/or any information entered into the Library’s patron database. This policy does not cover library circulation records protected by the Michigan Library Privacy Act. For information on nondisclosure of those records, see the Compliance with the Michigan Library Privacy Act Policy.
- Notification of the Library Director: Any employee of the Grosse Pointe Public Library who receives a request, or is served with a subpoena, court order, or other legal process, to release or disclose any registration record shall promptly notify the Library Director.
- Action by the Library Director: The Library Director, in a timely manner, shall review all requests and orders, consult with an attorney as necessary, and respond in an appropriate manner to each such request or court order in accordance with this policy and with the Michigan Freedom of Information Act, 1976 Public Act 442, MCL 15.231- 15.246.
- Requests for Registration Information: The Library Director shall deny, in writing, all requests for the release or disclosure of registration information unless the Library Director has received the written consent to such release or disclosure from the person(s) identified in the records. Patron registration information is considered by the Library Board to be “information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy” as exempted from disclosure in the Michigan Freedom of Information Act, MCL 15.243 (1).
- Freedom of Information Act Requests for Registration Information: The Library Director, shall deny, in writing, any designated “Freedom of Information Act” request for the release or disclosure of confidential patron registration information.
- Court Order for Patron Information: The Library Director, after consultation and advice from an attorney, shall comply with any subpoena or court order to release or disclose patron registration information.
- Authority for Policy: The authority for this policy is the Michigan Freedom of Information Act, 1976 Public Act 442, MCL 15.243 (1)(a) regarding information of a personal nature where the disclosure would constitute a clearly unwarranted invasion of privacy And the Michigan Library Privacy Act 1982, Public Act 455, MCI. 397.601 et.seq.
It is the policy of the Grosse Pointe Public Library to preserve the privacy of circulation records of its patrons to the fullest extent permitted by law. To that end, the circulation records of the Library shall be released or disclosed only as provided herein.
Circulation records are accessible by staff of the Grosse Pointe Public Library as well as staff of the media center staff of the Grosse Pointe Public School System as part of a formal agreement for the exchange of services between the two entities dated May 16, 1994. “Staff” shall include employees of the Grosse Pointe Public Library and the Grosse Pointe Public School System for the purposes of this policy.
Staff shall abide by the Michigan Library Privacy Act and Public Act 188 of 1996, an amendment to the Michigan Library Privacy Act. The Amendment permits disclosure of library records if the library receives “written consent of the person liable for payment for or return of the materials identified in the library record.” MCL 397.603 (2). If a parent or legal guardian signs to accept financial liability for the child’s library fines and other charges, the parent or guardian may authorize the disclosure of that child’s records.
- Records Protected by the Michigan Library Privacy Act: The Michigan Library Privacy Act provides that library records may not be disclosed to third parties unless the library has received written permission of the patron or a properly obtained court order (MCL 397.603). A “library record” is defined in the statute as “a document, record, or other method of storing information retained by a library that identifies a person as having requested or obtained specific materials from a library.” “Library record” does not include non-identifying material such as circulation statistics.
- Release of a Minor Child’s Library Records: Public Act 188 of 1996 allows that a minor child’s library records may be released if: a) the person verifies that he or she is actually the child’s parent or legal guardian, and b) the person signs to accept responsibility for his or her child’s library “debts,” and c) the person signs a disclosure form giving consent on behalf of the child for the release of the child’s library records.
- Notification of the Library Director: Any employee of the Grosse Pointe Public Library who receives a request, or who is served with a subpoena, court order, or other legal process, to release or disclose any library circulation records shall promptly notify the Library Director.
- Action by the Library Director: The Library Director, in a timely manner, shall review all requests and orders, consult with the Library’s attorney as necessary, and respond in an appropriate manner to each such request and order in accordance with this policy.
- Requests for Library Records: The Library Director shall deny, in writing, all requests for the release or disclosure of library records as defined under the Michigan Library Privacy Act, unless the Library Director has received the named patron’s written consent for such release or disclosure.
- Court Order for Release of Library Records: The Library Director shall comply fully with a court order to release or disclose library records if that court order was properly obtained under Section 3(2) of the Library Privacy Act (MCL 367.603). The court may issue an order for disclosure only “after giving the affected library notice of the request and an opportunity to be heard thereon.”
- Authority for Policy: The authority of this policy is the Michigan Library Privacy Act, 1982 Public Act 455, MCL 397-601-397.605 and Public Act 188 of 1996. Library records protected by the Michigan Library Privacy Act are exempt from disclosure under the Freedom of Information Act (MCL 397.603 and MCL 15.243[d]).