North Adams Public Library
 USA Patriot Act of 2001

The tragic events of September 11, 2001 triggered the signing of new federal legislation known as the USA Patriot Act.  This aids federal law enforcement in its quest to prevent and stamp out terrorism and expands the powers of federal law enforcement agencies investigating cases of foreign intelligence and international terrorism. .

The full title of the law is:  Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. 

Confidentiality of Library Records

In accordance with the Mass. General Laws Chapter 4 Section 26 and Chapter 78 Section 7, circulation and registration records identifying the names of library users, addresses, and telephone numbers and the materials borrowed are not part of the public record. Library records are confidential and are protected.

NAPL Policy

The NAPL strives to create a library environment that is:

The library will do its utmost to uphold the privacy and confidentiality of patrons’ free access to information.  The library follows the laws and library policies to control behavior that involves public safety or criminal behavior.   

Does the "Patriot Act" Change Things?

Yes, and this is a dilemma for the NAPL.  The library has the responsibility of protecting the privacy of its patrons while responding to national security concerns. 

Should library records be requested under the USA Patriot Act, the law states that in certain circumstances, library staff cannot inform the person about whom the information is requested, cannot speak to co-workers, the media or other government officials about the inquiry. Such requests, should they occur, may only be reported to the appropriate higher authority within the library. Under the USA PATRIOT Act, failure to comply with the search warrant, or of other applicable terms of those acts, is a felony.

To What Information Does the Patriot Act Apply?

·        Name, address, city, state, zip code and e-mail address

·        Home and/or work phone number

·        Library card number

·        Date of birth, gender

·        Special notes and/or comments

·        Preferences to receive or not receive special event notifications

·        Name of school and grade in school

·        Other communications between the patron and the library.  

The NAPL Procedures Regarding Information Access and Confidentiality

The NAPL does not retain records of individual user activity except those required for the operation of the library.   The following are specific examples of library records:

Database Search Records:  These records refer to the searches of the collection a patron may conduct on the online Public Access Computer terminal (PAC).  These searches are conducted by utilizing the library’s automated circulation and collection management system, C/W MARS, which is a product of Innovative Interface Incorporated.  Once a search has been conducted, the software does not retain a copy of the search, and therefore no record of the search will exist. 

Circulation Records:  Patron material is circulated via the C/W MARS system.  The circulation software, which is housed and maintained at the central site in Paxton, MA, tracks items checked out to the current borrower and also retains the name of the patron to whom the item was checked out last.  When the item is returned the link to the previous borrower is severed so long as all fines are paid.  Unresolved accounts--i.e. items lost and unpaid for-- will stay linked to the patron until the account is resolved. 

Computer Use Records:  The library system is equipped with Dell computers and computers supplied via a grant by the Bill and Melinda Gates Foundation.  Patrons use their library card to check out a computer but the record of this use is cleared when the next person logs on to the computer. When the patron logs off the Gates computers the software erases all history of their research and activity.  The Dell computers keep the history for 24 hours after a patron has logged off.   

System Wide Holds & Patron Placed Holds:  When a hold is placed on a patron’s account, by the patron or a library staff member, the system creates a link to that item.  No long-term record of the hold is retained by C/WMARS beyond the point of the circulation transaction. 

Interlibrary Loan Records:  These transactions are for requested items that do not appear in the C/W MARS network libraries.   The NAPL tracks these items until they are returned to the owning library then all paper records are destroyed.

Reference Interviews:  Notes may be taken during an interview to aid in organizing a search, and patron information, name and phone number, may be needed to allow return calls.  Any patron information is destroyed as soon as the requested information has been delivered. 

Procedures for Complying with Law Enforcement

The NAPL will comply with law enforcement when supplied with a legal subpoena or warrant:

 Staff Procedures 

SUMMARY

Emergency Disclosures of Communication

If in the normal course of business, the library staff observes what can be construed to be a threat to life or limb, they are to contact law enforcement immediately.  They should contact the library Director or Reference Librarian if the Director is not available.  An Incident Report should be completed.