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What to do...

In addition to safeguarding the privacy of your patron records, your library needs to have clear policies and procedures for dealing with situations when law enforcement agents come to the library to request information about library patrons.

After September 11, 2001, an increase in the number of visits by law enforcement agents to libraries has been reported to ALA.  These visits are not only a result of the increased surveillance and investigation related to terrorism and the Patriot Act, but are also results of state, county and municipal law enforcement officers investigating computer crimes, including e-mail threats and possible violations of the laws addressing online obscenity and child pornography.

Remember that your library’s existing policies and procedures on protecting the confidentiality of patron records still apply.  Here are some recommendations for dealing with law enforcement visits, based on ALA guidelines:

• Designate the person or persons who will handle law enforcement requests.  Usually this will be the library director or legal counsel.
• Train all library staff on the library's procedure for handling law enforcement requests. They should understand that it is lawful to refer the agent or officer to an administrator in charge of the library, and that they do not need to respond immediately to any request.
• Staff should ask for identification if they are approached by an agent or law enforcement officer.  The agent or officer should then be immediately referred to the designated person.
• This designated person should have access to legal counsel and be aware that the response may vary based on whether the law enforcement request is in the form of a search warrant, subpoena, or FISA search warrant.

Content excerpted from "Ensuring Access: The Rights and Responsibilities of Intellectual Freedom" authored by Mary Ross.