Library User Privacy Policy
Our Commitment to Library User Privacy:
Watsonville Public Library supports library users' rights to knowledge and information; and the library supports users' rights to privacy regarding access to library materials and information, recognizing that privacy is an essential component to the Constitutional rights of free speech, free thought, and free association.
As a public library in the State of California, the Watsonville Public Library abides by the laws of California, including the law on Confidentiality of Library Records, California Government Code 6267: Libraries Supported by Public Funds; Registration and Circulation Records Confidentiality; Exceptions, as shown in the attached.
The Confidentiality of Library Records law requires that library registration and circulation records remain confidential and shall not be disclosed to any person, local agency, or state agency. The exceptions as follows:
By a person acting within the scope of his or her duties within the administration of the library.
By a person authorized in writing by the library user to whom the records pertain.
By order of the appropriate court.
Watsonville Public Library is committed to protecting library users' privacy related to access and use of library materials and information in the following manner:
The library will collect only information essential to the efficient operation of the library.
The retention of personally identifiable information in library records will be limited.
Annually, the library will review its various systems and records to determine ongoing need for information collected and stored; and to identify potential weaknesses in library privacy.
Disclosure - Possible Exceptions to Library User Privacy:
Watsonville Public Library will strive to maintain library user confidentiality to the best of its ability. However, there are a number of factors beyond the control of the library that may affect library user privacy.
Unauthorized Use
The library connects to networks, electronic systems and devices, the Internet, and a number of outside databases. In some cases, the library does not have control over these systems. While efforts are made to prevent access and unauthorized use is prohibited, it is possible that these systems may be used inadvertently or intentionally to capture information from the library about library users.
Court Orders, Supoenas and Search Warrants
As a municipal entity, the library must and will comply with the law. If a court order signed by a judge is issued for information, the library is obligated to supply the requested data. Subpoenas, court orders and other legal requests will be delivered to the Library Director, or designee who will seek the advice of the City's attorney and follow-up with the appropriate course of action. Staff will comply immediately with search warrants and court orders when signed by a judge, and inform the Library Director of the situation.
The 2001 USA Patriot Act
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001has changed the outlook on library user privacy throughout the nation. Under Section 215 of this federal law, agents may make a request "for books, records, papers and other tangible things" related to investigations on suspected international terrorism or clandestine activities without showing probable cause. Furthermore, the law requires that, "No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that they Federal Bureau of Investigation has sought or obtained tangible things under this section."
Privacy Beyond Library Records
Computer technology advances and changes rapidly; and a variety of techniques may be available to federal agents and others to retrieve information stored on computers that is beyond the library's control. While the library makes every attempt to uphold patron privacy in terms of records kept by the library, there is no guarantee of privacy using library computers. It is possible that others may view information on the screen, or they may view or capture keystrokes, etc., while users are accessing library computers. Also, it may be possible for personally identifiable information to be retrieved over the Internet and/or from library computer systems, depending on the way the computers have been used and sites visited.
For questions about library privacy issues, please contact the Library Director or the Principal Librarian for Public Services.