Confidentiality of Library Record

The ethical responsibilities of employees at NDSU Libraries, as well as North Dakota State Statutes protect the privacy of library users.  Confidentiality extends to "information sought or received, and materials consulted, borrowed, acquired," and includes database search records, reference interviews, circulation records, interlibrary loan records, and other personally identifiable uses of library materials, facilities, or services.

The NDSU Libraries recognizes that law enforcement agencies and officers may occasionally believe that library records contain information which may be helpful to the investigation of criminal activity.  The mechanism for seeking release of such confidential records shall be the issuance of a court order, following a showing of good cause based on specific facts, by a court of competent jurisdiction.

•  North Dakota State University Libraries considers Circulation and other library records as confidential.

• Names of library users shall not be made available to any individual, group or government agency (whether federal, state, or local) except upon presentation of a duly authorized court order or subpoena.  (North Dakota Century Code, Section 40-38-12)

• The issuance or enforcement of any such order or subpoena shall be resisted until such time as a proper showing of good cause has been made in a court of competent jurisdiction.

The above means that upon receipt of such a process, order or subpoena, the Libraries' officers will consult with their legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be corrected.
 
• Threats or unauthorized demands (i.e., those not supported by a proper legal document) concerning such records shall be reported to the North Dakota Attorney General and the North Dakota State Library Commission.

Suggested Procedures for Implementing "Policy on Confidentiality of Library Records"

• The library employee receiving a request to provide information on who has a particular piece of material or information concerning the subject matter a certain patron is using, shall deny the request pursuant to Library policy.

• The library employee receiving a court order or subpoena to examine or obtain information relating to circulation or other library records will immediately refer the person making the request to the Director of the Libraries.

• The director or the designated acting official, upon receipt of such process, order, or subpoena, shall consult with the appropriate legal officer assigned to the institution to determine if such process, order, or subpoena is in good form and if there is a showing of good cause for its issuance.

• If the process, order, or subpoena is not in proper form or if good cause has not been shown, insistence shall be made that such defects be cured before any records are released.  (The legal process requiring the production of library records shall ordinarily be in the form of a subpoena "duces tecum" (bring your records) requiring the responsible officer to attend court or to give a deposition.

• Any threats or unauthorized demands (that is those not supported by a process, order, or subpoena) concerning    circulation or other library records should be reported to appropriate legal representative of the institution.

• Any problems relating to the privacy of circulation and other library records that are not provided for in the above suggested procedures, shall be referred to the Director of Libraries.