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Intellectual Freedom Policy

The Idaho Commission for Libraries' Intellectual Freedom Policy.

USA PATRIOT Act

Information on the USA PATRIOT Act.


Intellectual Freedom Policy

Idaho Commission for Libraries Board Governing Pollicies and Procedures

PAGE IIIB-

Section : III. Agency Affairs

Subsection: B. Intellectual Freedom


  1. INTELLECTUAL FREEDOM
    1. Public Records and Privacy of Library Records

      The Board believes that in a free and democratic society, the people must have access to governmental information. At the same time, the Board also recognizes the right of individual library users to be free to use library materials in confidentiality.

      1. Access to Public Records
        1. The Library shall comply with all state and federal laws dealing with public records.
        2. The State Librarian shall designate a staff person as the contact for all public records requests and will provide that person with relevant training.
        3. The Library shall have a procedure in place for handling public records requests
      2. Privacy of Library Records
        1. Registration and circulation records shall not be made available to anyone except as may be required by law.
        2. Registration and circulation records will not be preserved beyond the period of their utility.
        3. The State Librarian shall designate a staff person as the contact for all requests for exempted records and will provide that person with relevant training.
        4. The Library shall have a procedure in place for handling requests for exempted records.

Revised March 2003

For more information or to make suggestions, contact State Librarian Ann Joslin.


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USA PATRIOT Act

USA Patriot Act

The State Commission's deputy attorney general recently reviewed the Idaho Library Trustees manual section on the Idaho Public Records Law in light of the new USA Patriot Act. Under current state and federal laws, each public records request may be unique and may call for a very different response depending on who is making the request and how the request is made. These laws apply to all types of libraries.

Every library director should review his/her library's policy on access to public records now. The deputy attorney general recommends a straightforward policy, reviewed by a lawyer, with these provisions:

  • The library will comply with all state and federal laws dealing with public records.
  • The library director will designate a staff person as the contact person for all public records requests and will provide that person with training to stay current.
  • The library will establish a procedure for handling public records requests.
  • Any library that receives a public records request immediately contact its lawyer and keep that person informed throughout the process.

Links:

Introduction to USA Patriot Act Resources: http://www.evergreen.edu/library/govdocs/hotopics/usapatriotact/index.html

National ACLU Homepage: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207
USA Patriot Act information.

USA Patriot Act (ALA): http://www.ala.org/alaorg/oif/usapatriotact.html. This site provides additional information about confidentiality and law enforcement inquiries.

Guidelines for librarians on the USA PATRIOT Act: What to do before, during and after a “knock on the door.” (ALA)
http://www.ala.org/ala/washoff/WOissues/civilliberties/theusapatriotact/patstep.pdf
Actions to implement for the library and its staff.

Contacts:

ACLU Idaho - 208-344-5243

Resource for Attorneys: Jim Wickham (City of Boise Attorney) - Mr. Wickham is willing to work with a library's attorney in a consultative capacity. 208-384-3870