Policy and Procedures in Response to the
USA Patriot Act of 2001

The Barrington Public Library (BPL) makes every effort to protect your right to privacy, but the US Patriot Act of 2001 does give FBI agents the right to access your circulation and computer use records. It also forbids library staff from divulging that these records have been obtained. Public libraries are facing a dilemma of having the responsibility of protecting the privacy of our patrons while responding to legitimate national security concerns. The BPL recognizes the confidentiality of information sought or received and materials consulted, borrowed or acquired by a library user. We will take all possible steps to maintain your privacy while adhering to the current laws. Please be aware of what records are kept and that your privacy may not be complete due to provisions of this law. All questions and concerns regarding this law should be forwarded to: Attorney General John Ashcroft, Dept. of Justice, Washington DC 20530

We adhere to RSA 201-D: 11 Library User Records; Confidentiality. –
I. Library records which contain the names or other personal identifying information regarding the users of public or other than public libraries shall be confidential and shall not be disclosed except as provided in paragraph II. Such records include, but are not limited to, library, information system, and archival records related to the circulation and use of library materials or services.
II. Records described in paragraph I may be disclosed to the extent necessary for the proper operation of such libraries and shall be disclosed upon request by or consent of the user or pursuant to subpoena, court order, or where otherwise required by statute.
III. Nothing in this section shall be construed to prohibit any library from releasing statistical information and other data regarding the circulation or use of library materials provided, however, that the identity of the users of such library materials shall be considered confidential and shall not be disclosed to the general public.

The BPL strives to create a library environment that is:

About the USA Patriot Act of 2001

HR-3162 became Public Law 107-56 in response to the events of 9/11/01. The full title of the law is: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.

The Act provides law enforcement broader boundaries when investigating information accessed and transmitted by patrons with regards to national security concerns.

Access to patron information may include but not be limited to:

The BPL Policy & Procedures Regarding Information Access and Confidentiality

Card Catalog Search Records: These records refer to the searches of the collection a patron may conduct on the Online Public Access Terminals (OPAC). These searches are conducted by utilizing the library’s automated circulation system, Athena. Athena is a product of Sagebrush Corporation. Once a search is conducted, the software does not retain a copy of the search. Any records of the search will not exist.

Database Search Records: These records pertain to searches done via our online databases, provided by the NHAIS state system. These include EbscoHost, Newsbank, and Ancestry Plus. These databases are accessed using your library card number but no search records are kept by the BPL. BPL cannot guarantee that search records are not kept on file directly through the vendor for their data purposes.

Circulation Records: Patron material is circulated via the Athena system. The circulation software tracks materials currently checked out and the system keeps a history of your use for the production of patron history reports. This information will be kept for a maximum of 6 months, but may be deleted more often should history not be needed for valid library purposes. All transactions with outstanding fines will be kept in tact until such fines are paid. Patron histories are kept in order to track A/V materials with lost portions, aid patrons in seeing whether they have read a certain item, and for staff to track overdue and lost items. Although many patrons like having an extended history kept by the library, in light of these issues regarding privacy, the library feels that 6 months is the maximum to keep such records. Athena does not allow us to delete records that are completed with no fines, except in batches. Therefore, some information will be stored until such time as a batch deletion is done. Athena is working on creating an option to have the system automatically delete complete transactions.

Computer Use Records: The library system is equipped with computers supplied via a grant by the Bill and Melinda Gates Foundation. Patrons sign up to use the computers. All paper, or computer generated, records of these transactions will be destroyed weekly after the needed data has been tallied. No records of names will be kept by the BPL. All documents created, sites visited, and work done on the computers will be deleted when the library logs off the computer for the day. Although the library will strive to protect users computer records by setting the computer to delete records and searches at log off, it must be noted that authorities, through a search of the computers internal logs, may retrieve data not specifically kept by the library. You should be aware at all times that you are using a public terminal that does not afford privacy. Internet renewals from home may also be logged by outside sources online and are not private transactions.

Inter-Library Loan Records: Patrons may borrow items not owned by the BPL from other libraries worldwide via Inter-Library Loan (ILL). The BPL tracks items currently being borrowed and generates a paper record with patron information. Once the materials are returned and all appropriate fines and/or fees are paid, the paper record is destroyed.

Reference Interviews: A reference interview occurs when a patron looking for information approaches a library staff and staff questions or interviews the patron in order to narrow down the specific information needed. No paper record is kept during the interview that has any patron information on it. If a patron name and number is taken by phone, and patron information is written down, as soon as the requested information is delivered, the paper record is destroyed.

Retention of Patron Records: In compliance with regulation MUR 302.02, the library will keep a printed copy of all patron records on file. This record includes only patron name, address and contact information; not check out history. This printed copy will be updated annually during end of year statistic gathering. All patron registration information will be kept for a minimum of 1 year after the expiration date. Staff will update patron information every 5 years in an attempt to weed out cards that are expired and inactive for more then two years. Records for those deceased or moved from town will be kept for one year only after the expiration date, and then they will be removed from the computer system.

For more information on the USA PATRIOT ACT you can go to:

USA PATRIOT ACT and patron privacy on internet terminals: http://www.llrx.com/features/usapatriotact.htm

American Library Association Links for PATRIOT ACT Information:

http://www.ala.org/Content/NavigationMenu/Our_Association/Offices/ALA_Washington/Issues2/Civil_Liberties,_Intellectual_Freedom,_Privacy/The_USA_Patriot_Act_and_Libraries/Default2437.htm

The new censorship.
Author: Paretsky, Sara
Source: New Statesman; 6/2/2003, Vol. 132 Issue 4640, p18, 3p, 1c
Document Type: Article

Discusses censorship in the United States. Issues of silence and speech; Power of the government to identify everyone reading any book, whether they are checking it out of the library or buying it in store; Reference to the Patriot Act; Discussion of U.S. attempts to suppress communism; Belief that the U.S. government mixes silence with lies; Assault on civil liberties; Effect of the September 11 terrorist attacks; Importance of books; Criticism of the U.S. government.