I. Confidentiality of Patron Records and Court Orders
A. General Guidelines It is the policy of the Chicago Heights Public Library in accordance with the Illinois Library Records Confidentiality Act (75 ILCS 70/1-2) that all registration and circulation records of library patrons as well as other records identifying the names of library users are confidential. This policy is adopted to protect the right to privacy of each patron and user. A copy of the Act is attached hereto as Exhibit A.
B. Exception to Guidelines However, 75 ILCS 70/1-2 allows an exception to the Library Records Confidentiality Act. Sworn law enforcement officers may request information in emergency situations regarding the identity of suspects, witnesses, or victims where the officer believes that there is imminent danger of physical harm, provided:
1) A sworn law enforcement officer represents to the Library that it is impractical to get a court order as a result of an emergency; and 2) The officer has probably cause to believe there is an imminent danger of physical harm; and 3) The information requested is limited to identifying a suspect, witness, or victim of a crime; and 4) The information requested without a court order may not include records reflecting materials borrowed, resources reviewed, or services used at the Library. Under this exception, only information identifying a suspect, witness, or victim of a crime may be disclosed to an officer without a court order; all other information remains confidential without a court order. If requested to do so by the Library, the requesting law enforcement officer must sign a form acknowledging the receipt of the information. Following compliance with the law under this exception, the Library may seek subsequent judicial review to assess compliance with this Act. Libraries are protected from patron claims that disclosure under the law constitutes a breach of confidentiality. Finally, the right of a patron to challenge the disclosure remains. In the event that a request or demand for registration, circulation, or other records is made to the Library, Library director or Person-in-charge, the Library Director or Person-in-charge will consult with the Library’s legal counsel to ensure compliance with the Library Records Confidentiality Act and determine the proper response.
II. Court Orders
A court order may take the form of either a subpoena or a search warrant. A subpoena allows a period of time in which to respond to or contest the court’s order. A search warrant can be executed immediately by law enforcement officials.
III. Responsibilities of Library Director or Person-in-charge
Upon the presentation of a request to search Library records, the Library director or Person-in- charge will: A. Request identification from the law enforcement officials and records their names, badge numbers, and agencies.
B. If the law enforcement officials do not have a court order for the information that is being requested, explain that the Library is forbidden by law to give access to confidential records without a court order.
C. If the law enforcement officials represent to the Library that:
1. There is an imminent danger of physical harm; 2. That it is impractical to get a court order as a result of an emergency; 3. The information requested is limited to identifying a suspect, witness, or victim of a crime; or 4. The information requested without a court order may not include records reflecting materials borrowed, resources reviewed, or services used at the Library; then the Library director or person-in-charge will cooperate with the official during the search under Provisions of 75 ILCS 70/1-2 Library Records Confidentiality Act. The Library Director or person-in-charge will ask the requesting law enforcement officer to sign the Officer’s Request for Confidentiality Library Information form.
D. If the court order is received, the Library Director or Person-in-charge will review the court order to determine whether it is a subpoena or a search warrant.
1. In the case of a subpoena, the Library Director will tell the official that they will respond after the subpoena is reviewed by the attorney. 2. In the case of a search warrant, the Library Director will ask if the law enforcement officials will wait until the Library attorney is present or consulted before beginning the search. 3. If the officials refuse to wait, the Library Director will ask the officials to wait while they attempt to contact the Library attorney for guidance on complying with the order. The law enforcement officials are not required to wait until the attorney is present. However, the Library Director or person-in-charge must be given time to read the warrant of what is to be searched and which items are to be seized. 4. If the officials insist on beginning the search immediately, the Library Director or person-in-charge will cooperate with the officials during the search. 5. When cooperating with law enforcement officials during the search, the Library Director or person-in-charge will help locate the records/evidence specifically identified in the court order and ensure that no other patron’s records are viewed. No access will give given to any records beyond the scope of the court order.
IV. USA PATRIOT ACT
It must be further noted that Section 21.5 of the U.S.A PATRIOT ACT provides federal law enforcement officers with the ability to obtain a search warrant to gain access to certain library records on the basis that the officer believes that the records sought may be related to an ongoing investigation related to terrorism or intelligence activities.
The U.S.A. PATRIOT ACT prohibits libraries or librarians served with a search warrant under FISA (Foreign Intelligence Source Act) rules from disclosing the existence of the warrant or the fact that records were produced as a result of the warrant, under penalty of law. In other words, a patron cannot be informed that his/her records were given to a federal agent or that the patron is the subject of a federal investigation.
Chicago Heights Public Library only retains records that are essential to conducting business and those records are only retained as long as necessary to complete that business. Chicago Heights Public Library does not maintain historical records of completed transactions.
Chicago Heights Public Library may give current information regarding materials borrowed or overdue to the borrower when requested by said individual in person or via phone with the patron’s barcode number.
Reviewed by the Board of Trustees April 15, 2025
Officer’s Request for Confidential Library Information
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