The Nashville Public Library seeks to protect the privacy of its patrons while responding to legitimate law enforcement and national security concerns.
In compliance with federal and state law, the library will preserve the confidentiality of information sought or received, internet usage and materials consulted, borrowed, or acquired, by library users. These materials may include registration information, circulation records, database search records, computer use records, interlibrary loan records and other personally identifiable uses of library materials, facilities, programs or services.
(75 ILCS 70/1) Library Records Confidentiality Act
(75 ILCS 70/1) (from Ch. 81, par. 1201)
Sec. 1. (a) The registration and circulation records of a library are confidential information. No person shall publish or make any information contained in such records available to the public unless:
(1) required to do so under a court order; or
(2) the information is requested by a sworn law enforcement officer who represents that it is impractical to secure a court order as a result of an emergency where the law enforcement officer has probable cause to believe that there is an imminent danger of physical harm. The information requested must be limited to identifying a suspect, witness, or victim of a crime. The information requested without a court order may not include the disclosure of registration or circulation records that would indicate materials borrowed, resources reviewed, or services used at the library. If requested to do so by the library, the requesting law enforcement officer must sign a form acknowledging the receipt of the information. A library providing the information may seek subsequent judicial review to assess compliance with this Section. This subsection shall not alter any right to challenge the use or dissemination of patron information that is otherwise permitted by law.
(b) This Section does not prevent a library from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation where those reports are presented so that no individual is identified therein.
(b-5) Nothing in this Section shall be construed as a privacy violation or a breach of confidentiality if a library provides information to a law enforcement officer under item (2) of subsection (a).
(c) For the purpose of this Section, (i) “library” means any public library or library of an educational, historical or eleemosynary institution, organization or society; (ii) “registration records” includes any information a library requires a person to provide in order for that person to become eligible to borrow books and other materials and (iii) “circulation records” includes all information identifying the individual borrowing particular books or materials.
(Source: P.A. 95-40, eff. 1-1-08.)
Library staff shall observe the following procedures: On receipt of any legal process, order or subpoena, the library staff member in charge will immediately consult with the President of the Board and the Library attorney to insure that (a) the document is improper legal form; and (b) there has been a proper showing of good cause for its issuance, in a court of administrative body of competent jurisdiction. Until the legality of such process, order, or subpoena has been affirmatively shown to the satisfaction of the Library attorney, the Library will resist its issuance or enforcement until any such defects have been cured.
This policy shall be in full force and effect immediately upon its passage, and any prior resolutions or policy statements to the contrary are hereby repealed; and should any part hereof be found invalid or unconstitutional, that portion shall be severable herefrom and shall not affect the validity of the remaining portion.
Adopted at Regular Meeting: January 4, 2005
Posted January 6, 2005
Reviewed and passed by the Board of Trustees of Nashville Public Library on May 6, 2008 and again on January 3, 2012.
Reviewed and passed by the Board of Trustees of Nashville Public Library this day of January 6, 2015.
Revised and passed by the Board of Trustees of Nashville Public Library this day of November 20th, 2024.