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90, which was enacted on June 27, 1984, amended the Pennsylvania
Library Code, Title 24, Consolidated Statutes, Chapter 16,
Section 428, as follows:
Records
related to the circulation of library materials which contain
the names or other personally identifying details regarding the
users of the State Library or any local library which is
established or maintained under any law of the Commonwealth or
the library of any university, college or educational
institution chartered by the Commonwealth or the library of any
public school or branch reading room, deposit station or agency
operated in connection therewith, shall be confidential and
shall not be made available to anyone except by a court order in
a criminal proceeding.
Unfortunately for
parents and guardians, legal council overwhelming indicates that
Act 90 applies equally to library borrowers of all ages, thus
protecting the privacy of children’s borrowing records. The
law was deemed applicable to parents and children to protect
some juveniles from parental abuse that may ensue from their
selection of library materials. Act 90 also protects all
borrowers from disclosure of their library records without due
process of law.
The library
system realizes that under some circumstances this presents a
roadblock for parents simply trying to return children’s
materials on time. We encourage parents to take an active role
in their children’s book selection by visiting the library
with them and sharing their reading experiences.
- A borrower may
request a list of the books that are checked out on his/her
card or set up a PIN in the circulation system enabling
him/her to check his/her personal borrowing record.
- Some parents
elect to wait until a child is mature enough to oversee
his/her own borrowing habits before signing for a personal
card.
We apologize for
any inconvenience this policy may cause, but must abide by the
law for the protection of all juveniles.
Approved
by FCLS Board July 15, 2003
A
printable version of the confidentiality statement may be
obtained here.
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