Privacy Policy

The Board of Trustees of the Davenport Public Library affirms that privacy and confidentiality of library records and transactions are essential to protect the exercise of First and Fourth Amendment rights of the Constitution of the United States of America. In accordance with these rights, and along with the Code of Iowa, and the Code of Ethics of the American Library Association, the Board of Trustees of the Davenport Public Library expresses its respect for the privacy of users and recognizes its responsibility to protect their privacy.

FIRST AMENDMENT: CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

A democracy presupposes an informed citizenry. The First Amendment mandates the right of all persons to free expression, and the corollary right to receive the constitutionally protected expression of others. As a publicly supported library, Davenport Public Library provides free and equal access to information for all people of the community the library serves.

FOURTH AMENDMENT: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Bill of Rights to the U.S. Constitution was ratified on December 15, 1791

Davenport Public Library makes every effort to protect the privacy of library users.The Library adheres to the Code of Ethics of the American Library Association that states in Article III:

"We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted."

Confidentiality of Library Records

The American Library Association'sPolicy on Confidentiality of Library Records and Policy Concerning Confidentiality of Personally Identifiable Information About Library Users states that library staff will not respond to any informal request by a third party for personally identifiable information (PII) contained in library records or accessible in the library or through its computer systems about any library user. Such information includes database search records, reference interviews, library card applications, email requests for information, circulation records, interlibrary loan records, and other personally identifiable uses of library materials, facilities, or services.

This is further stated in the Code of Iowa, 22.7 "Examination of Public Records (Open Records)"

The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:

13. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library. The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.

14. The material of a library, museum or archive which has been contributed by a private person to the extent of any limitation that is a condition of the contribution.

18. Communications not required by law, rule, procedure, or contract that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination.

Personally Identifiable Information

Davenport Public Library collects only the information needed to contact library users, such as mailing address, email address, phone number, etc., in order to ensure the proper notification, lending, and return of library materials and the collection of fines and bills. Records will be retained for the shortest length of time necessary to facilitate library operations

Individuals may choose to submit their names, email addresses, postal addresses or telephone numbers in order to receive library services, such as registering for library cards, placing holds on materials, receiving personal responses to questions, receiving Library promotional materials, signing up for programs, classes or workshops, or being added to specific mailing lists. The Library does not sell, rent or otherwise distribute information to outside companies or organizations.

The Library upholds the privacy rights of its patrons by conforming to the following guidelines:

The lawful custodian of the records is the Director of the Library.
The library does not reveal the identities of individual users nor reveal the information sources or services they consult unless required by law. Confidentiality extends to information sought or received and materials consulted, borrowed or acquired. Confidentiality includes database search records, reference interviews, interlibrary loan records, computer use records, email addresses, and all other personally identifiable uses of library materials, facilities or services
The library will hold confidential the names of card holders and their registration information and not provide access for private, public or commercial use. Confidentiality requirements of the Iowa Code section 22.7(13) are waived to the extent necessary for collection of overdue fines or loss or injury to materials or equipment.
The library will not release registration, circulation or other records protected under the Iowa Code unless it is required by law to release the information. Circumstances which may require the library to release the information include the following:
1. A criminal or juvenile justice agency is seeking the information in pursuant to an investigation of a particular person or organization suspected of committing a known crime AND the criminal or juvenile justice agency presents the library Director with a court order demonstrating that there has been a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
2. The library receives a Warrant for the information issued under the USA Patriot Act (which includes amendments to the Foreign Intelligence Surveillance Act and the Electronic Communications Privacy Act).
3. The library receives a National Security Letter seeking the information pursuant to the USA Patriot Act.
4. The library receives a valid court order requiring the library to release registration, circulation or other records protected under the Iowa Code and the information is not sought in conjunction with a criminal or juvenile justice investigation.

Protecting user privacy and confidentiality is fundamental to the ethics and practice of librarianship. As part of serving the user, it is often necessary for staff to consult with each other. Staff must be careful to conduct such conversations privately and keep strictly to the purpose. Any such compromising of user privacy by library staff carries with it an ethical and professional (and often legal) obligation to protect the confidentiality of that personally identifiable information. Most important, all gathering of personally identifiable information will be done in the interests of providing, or improving, particular library services.

Access to Electronic Resources and Web Server Usage Tracking

The Library Information Technology Department may track the usage of the Library Web site and other Library systems and services accessed through Library servers.

The Library automatically collects and stores:

The untitled name of the domain and host from which you access the Internet;
The Internet protocol (IP) address of the computer you use;
The browser software you use and your operating system;
The date and time you access our sites; and
The Internet address of the site from which you linked directly to our sites.

The Library uses this information only as anonymous aggregate data to determine the number of visitors to different sections of our sites and to help us make our sites more useful.The Library does not use the information to track or record information about individuals.

Cookies

The Library does not use cookies or tracking mechanisms that collect personally identifying information on its sites or in its online catalog. (Cookies are small text files placed on user computers by a Web site to enable customization of individual visits. Some Library electronic services, such as the Library Catalog and remote databases, place temporary cookies for current sessions. These cookies do not capture personal information or compromise visitor privacy, and they are deleted when sessions are ended.)

Remote Access Databases

Many of the Library's electronic databases can be freely accessed from anywhere by anyone with a Davenport library card.The vendors of some of these databases collect statistics such the names of the databases used, how often they are used, and whether they are used in the Library or by remote access and the vendors provide the statistics to the Library.Database vendors used by the Library do not track personal information or specific queries put to the databases.

Information Collected

Use of electronic services is logged automatically by servers and software programs are used to summarize data from those visits. The data summaries do not identify individual visitors by name.

Server logs and statistical summaries are reviewed to learn how individual electronic services are used in order to improve Web site content, better manage network traffic, and troubleshoot server problems. Examples of statistics gathered include:

Library Catalog System:

Patron log-in totals (patron names are not collected)
Number of hold requests placed (patron names are not included)
Number of renewals (patron names are not included)
Search types (keyword, browse, etc.)

In addition, a library user may choose to have the catalog system collection information on such things as favorite authors or subjects in order to be notified when new materials arrive that will be of interest to the user.The Library user has the option to link this type of information to his or her library record, but such linkage is solely at the user's discretion.

Security of Library Records

The Library operates its own internal network and makes every reasonable effort to protect its network from hackers.

Email that people send to the Library is not necessarily secure against interception.The Library does not require sensitive information such as social security numbers or credit card numbers, and it is advisable not to send such sensitive information by email.

Procedures for Handling Requests for Library Records

Library staff who are approached by a law enforcement officer or agent with any request or court order to examine or obtain the library records of any library user will ask for identification and direct the officer or agent to the Library Director (Custodian of the Library Records) or other designated person in charge.The Library Director or the designated person in charge will review the request or search warrant and seek the advice of the Library?s Attorney.

The USA PATRIOT Act: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) became law on Oct. 26, 2001. Under provisions of the act, the Federal Bureau of Investigation (FBI) and law enforcement officials may seek court orders for Library records for investigations relevant to national security or terrorism. Libraries or librarians served with these national search warrants or national security letters may not disclose, under penalty of law, the existence of the warrants or the fact that records were produced as a result of the warrants. Patrons cannot be told their records were given to law enforcement agencies or that they were the subjects of FBI investigations.

National search warrants (through the USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) signed by the court are immediately enforceable.Staff will request identification and a copy of the warrant.Staff will request that the agent or officers direct inquiries through the Library Director or the designated person in charge.The Library Director or designated person in charge may request time to fax the warrant to the City Attorney for verification.If the officer or agent wishes to immediately enforce the national search warrant,staff should not interfere but should proceed to notify the Library Director or designated person in charge of the search.

The library staff member receiving a request to examine or obtain information relating to registration records or circulation records or other records identifying the names of library users, shall immediately refer the requestor to the Library Director, the official custodian of the records.
1. To prevent any misunderstanding, the staff member should avoid discussing with the person making the request what user information may or may not be available, or what the library can or cannot do.
2. If the library Director is not available (such as during evenings or weekends or away on business) inform the requestor when the Director will be available. If pressed to act sooner, contact the Director immediately whether the Director is away on business or at home. In the event the Director cannot be reached, the highest ranking person on duty is responsible for working with the requestor.
The Library Director shall meet with the requestor of the information. If the requestor is a law enforcement officer the officer must have a court order, a national search warrant issued under the USA Patriot Act, or a National Security Letter (NSL) issued under the USA Patriot Act to receive the requested records. If the officer does not have a proper court order, warrant, or NSLcompelling the production of records, the Library Director shall refuse to provide the information. The library Director may explain the confidentiality policy and the state's confidentiality law, and inform the agent or officer that users' records are not available except when a proper court order in good form has been presented to the library.
If the records requested cover registration, circulation or other records protected under the Iowa Code, and the Director is uncertain about whether the order, or subpoena presented to the Library Director is sufficient to require release of the records, the Library Director may immediately consult with legal counsel to determine if such process, order, or subpoena is sufficient to require release of the records.
If any written request, process, order, or subpoena is not in proper form or does not otherwise appear to be sufficient to support releasing the records, the library Director shall insist that such defects be cured before any records are released.
If the Library Director or the Director in consultation with Library?s attorney determine that the order, warrant, or NSL, is sufficient and compels the release of the records, the Library Director shall release the records.
If the request is made pursuant to the USA Patriot Act, the Library Director is authorized to obtain legal counsel regarding the request. As required by the USA Patriot Act, the library Director may not discuss the request with anyone other than legal counsel.
If the requestor is not a law enforcement officer and has not presented any type of court or administrative order requiring release of the requested information, the Library Director shall refuse to provide the requested records. The Library Director may explain the confidentiality policy and the state's confidentiality law.
The Library Director is authorized to take legal action (such as moving to quash a subpoena) to resist releasing requested registration, circulation or other records protected under the Iowa Code if the Library Director and the Library?s legal counsel deems such action to be appropriate.
Any threats or unauthorized demands (i.e. those not supported by a written request, process, order, or subpoena) concerning circulation and other records identifying the names of library users shall be reported to the Director.
Any problems relating to the privacy of circulation and other records identifying the names of library users which are not provided for above shall be referred to the Director.

Supporting Documents:

ALA POLICIES

American Library Association?s Library Bill of Rights, and Interpretations

"Access to Electronic Information, Services, and Networks: An Interpretation of the Library Bill of Rights"

"Questions and Answers: Access to Electronic Information, Services, and Networks: An Interpretation of the Library Bill of Rights"

"Free Access to Libraries for Minors: An Interpretation of the Library Bill of Rights"

"Access for Children and Young Adults to Nonprint Materials: An Interpretation of the Library Bill of Rights"

"Privacy: An Interpretation of the Library Bill of Rights"

"Policy on Confidentiality of Library Records"

"Policy Concerning Confidentiality of Personally Identifiable Information about Library Users"

"Questions and Answers on Privacy and Confidentiality"

The Universal Right to Free Expression: An Interpretation of the Library Bill of Rights"

"Policy on Governmental Intimidation"

"Resolution on the USA Patriot Act and Related Measures That Infringe on the Rights of Library Users"

"Resolution Reaffirming the Principles of Intellectual Freedom in the Aftermath of Terrorist Attacks"

OTHER ALA DOCUMENTS:

"Code of Ethics of the American Library Association"

"The Freedom to Read Statement"

"The Freedom to View Statement"

"Libraries: An American Value"

LAWS:

"First Amendment of the Bill of Rights to the United States Constitution"

"Fourth Amendment of the Bill of Rights to the United States Constitution"

Code of Iowa, Addendum 3: Section 22-7 "Confidential Records"

DAVENPORT PUBLIC LIBRARY POLICIES:

"Policy on Confidentiality of Library Records"

"Electronic Access Use Statement"

DAVENPORT PUBLIC LIBRARY PROCEDURES FOR LAW ENFORCEMENT VISITS:

Guidelines for the Library Staff

Guidelines for the Library Director

Guidelines for the Library's Attorney

Approved by the Library Board of Trustees, May 17, 2005