| Act 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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