The Monterey Public Library strictly maintains a policy
guarding the confidentiality of customer records in accordance with California
State law and the American Library Association Code of Ethics (attached).
The California Public Records Act; Government Code Sections
6250 – requires in general the disclosure of records of a public agency
“concerning the conduct of the people’s business”. However, Section 6254(j)
states “nothing in this chapter shall be construed to require disclosure of
records that are any of the following:
“Library circulation records kept for the purpose
of identifying the borrower of items available in libraries, and library and
museum materials made or acquired and presented solely for reference or
exhibition purposes. The exception in this subdivision shall not apply to
records of fines imposed on the borrowers.”
Section 6267 of the Government Code defines “patron use
(1) Any written or electronic
record, that is used to identify the patron, including, but not limited
to, a patron's name, address, telephone number, or e-mail
address, that a library patron provides in order to become eligible to
borrow or use books and other materials.
(2) Any written record or
electronic transaction that identifies a patron's borrowing information or
use of library information resources, including, but not
limited to, database search records, borrowing records, class records,
and any other personally identifiable uses of library
resources information requests, or inquiries.
In accordance with Section 6267, the patron use records of
the Monterey Public Library are confidential and shall not be disclosed to any
person, local agency or state agency except for the following:
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 individual to whom the records pertain, to inspect the records.
By order of the appropriate superior court.
The disclosure process shall be as follows:
Upon receipt of a court order, the
Library Director or designated manager shall consult with the City Attorney, who
will determine and advise the Library of the appropriate response or action
before any records are released.
Any threats or unauthorized demands shall be
reported to the Library Director or designated manager.
Access to a borrower’s own records
Available circulation or other patron use records for a
particular individual shall be made available to that specific individual upon
request to authorized staff. Proper identification must be provided.
Any issues relating to the privacy of customer records
which are not provided for above are to be referred to the Library Director or
||July 28, 1993
||December 7, 2011