| 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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