The Waunakee Public Library protects the privacy of library records and the confidentiality of patron use of the library as required by relevant laws. The Waunakee Public Library Board adopts this policy pursuant to the relevant state and federal laws.
Legal requirements
Section 43.30 of the Wisconsin Statutes governs public library records. Under Section 43.30, library records which indicate the identity of any individual who borrows or uses the library's documents or other materials, resources or services may only be disclosed in certain circumstances, subject to other state and federal laws. This policy is intended to comply with the requirements set forth in Section 43.30 and the state and federal laws that impact Section 43.30.
Records indicating the identity of library users include a library user's name, physical image, library card number, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.
Records held by the library that include personally identifiable information about library users may also contain information that may need to be disclosed under Wisconsin’s public records law. Thus, requests made under Wisconsin’s public records law to the library must be evaluated by the library director or the library director’s designee.
Rules to be followed by library staff
- Library staff must refer all requests for library records and all requests for information about particular library users to the library director or the library director’s designee.
- As required by state law, library staff may only disclose library records indicating the identity of library users under the following conditions:
- disclosure to staff members of the Waunakee Public Library, and the staff of other libraries and library systems only according to written procedures that comply with the laws cited above and that are approved by the director;
- disclosure as authorized by the individual library user;
- disclosure to custodial parents or guardians of children under the age of 16 (see below for handling of requests from custodial parents or guardians);
- disclosure pursuant to court order (see below for handling of different types of court orders);
- if someone’s life or safety is at risk, library records may be released to appropriate individuals or officials without a court order; and
- certain surveillance information under the control of the library.
- Library staff is not allowed to share information about use of library resources and services by identified library patrons except as necessary for the performance of their job duties and in accordance with procedures approved by the library director and/or board.
Handling requests from custodial parents or guardians of children under the age of 16
Requestor must be the child’s “custodial parent,” defined as any parent other than a parent who has been denied periods of physical placement with a child under Wis. Stat. § 767.24(4). The Library staff will:
- request identification
- if the requestor is the parent or guardian listed on the child’s library record and the requestor resides at the same address, the staff may provide the requested information; otherwise the staff will
- obtain a completed and signed “Request for Access to Child’s Library Record” form to help ensure that the requestor is indeed the child’s custodial parent or guardian and that the requestor has not been denied periods of physical placement with the child under Wis. Stat. § 767.24(4).
- The staff may then grant the request or refer the request to the Library Director or designee.
The Library staff will attempt to satisfy the request as soon as practicable and without unreasonable delay. In most cases this will be at the time of the request. If there is a question of the requester’s guardianship, the staff person may delay the request until review by the Library Director and / or Library Board. If a request is denied by the Library staff, the requester can appeal in writing to the Library Board.
Normal photocopy/printing charges will be assessed to the requester for copies of records provided.
Handling of court orders
[Note: All search warrants are court orders, but not all subpoenas are court orders. Library staff may not disclose library records in response to a subpoena that is not a court order if those records indicate the identity of library users.]
If a law enforcement officer (or anyone else) brings a subpoena directing library staff to produce library records:
- Notify the library director, or if the director is not available, notify the highest-ranking staff person on duty.
- The library director or the highest-ranking staff person should ask the municipal attorney (or library counsel) to review the subpoena.
- If the subpoena has any legal defects, require that the defects be cured before records are released.
- If appropriate, ask legal counsel to draft a protective order to be submitted to the court keeping the requested information confidential and limiting its use to the particular case.
- Follow legal counsel’s advice for compliance with the subpoena.
If law enforcement officers bring a court order in the form of a search warrant:
- A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request to delay the search.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
If FBI agents bring a court order in the form of a search warrant issued under the Foreign Intelligence Surveillance Act (FISA):
- A search warrant is executable immediately, unlike a subpoena. The law enforcement officers may begin a search of library records as soon as they enter the library.
- Request that the law enforcement officers wait until the municipal attorney (or library counsel) is present before the search begins in order to allow counsel an opportunity to examine the search warrant and to assure that the search conforms to the terms of the search warrant. (The law enforcement officials are not required to accede to your request.)
- Cooperate with the search to ensure that only the records identified in the warrant are produced and that no other users’ records are disclosed.
- It is illegal to disclose to any other person (other than those persons necessary to produce the tangible things sought in the warrant) that the Federal Bureau of Investigation has sought or obtained records or other items under the Foreign Intelligence Surveillance Act (FISA).