Patron Confidentiality and Privacy Policy

Policy Owner(s): Director of Public Services — Operations
August 16, 2017

Date of Origin: 9/91
Date(s) of Revision:
6/93, 4/02, 12/03, 8/08, 5/14, 4/16, 8/17

PURPOSE

Protecting patron privacy and confidentiality has long been an integral part of the mission of libraries. The King County Library System (KCLS) strives to protect each library patron's right to privacy and confidentiality with respect to information sought or received, and resources consulted, borrowed, acquired or transmitted. The following policy addresses how KCLS protects patron privacy and maintains the confidentiality of patron records.

STATEMENT OF POLICY

All KCLS patrons are entitled to privacy regarding their use of library materials and services as follows:

LIBRARY RECORDS

Consistent with RCW 42.56.310, all KCLS library records the primary purpose of which is to maintain control of library materials, or to gain access to information, that discloses or could be used to disclose the identity of a library patron are confidential in nature.

Library records that could be used to identify a library user include, but are not limited to, all circulation records, computer booking records, patron information, or video footage. Such records will not be made available to any individual, organization or federal, state or local government agency,with limited exceptions.

KCLS is legally obligated to honor requests for library records made by an agency of federal, state or local government including, but not limited to law enforcement agencies, when a subpoena, warrant, court order or other investigatory document is properly issued by a court of competent jurisdiction that shows good cause. When a request for library records is received library staff will follow the Procedures for Handling Requests for Library Records.

KCLS also is legally obligated to comply with the information request requirements of the USA Patriot Act, enacted on October 26, 2001. If library records are requested under the USA Patriot Act, library staff may not inform the person about whom the information is requested, nor speak to co-workers, the media or other government officials about the inquiry.

While library records are confidential in nature:

a. Any patron is entitled to his or her own library account information.

b. A parent or guardian may have access to a library account (see definition) for minor children up to age 18 unless the minor is emancipated. This information will not be released without verification of card ownership/parental relationship (see Circulation Manual section 2.3.1.7).

c. Staff may use library accounts and the computer booking system to provide patron information to the police for the purpose of implementing a KCLS-initiated trespass or to pursue legal action.

d. Staff may use library accounts to notify a patron regarding recovery of stolen library materials or lost and found items.

e. With approval of the Library Director or designee:

  • KCLS may use names and addresses (both residential and electronic) from library records for the purpose of conducting user surveys or to notify patrons of upcoming events.
  • The KCLS Foundation may use names and addresses (both residential and electronic) of library patrons for the purpose of notifying patrons of upcoming events or to invite patrons to monetarily support KCLS Foundation activities.
  • Patrons will be given an option to inform KCLS or the KCLS Foundation of the desire not to receive such notifications.

USE OF FACILITIES

There is no reasonable expectation of privacy regarding a person's presence in a public building. For that reason, library staff may respond to questions from law enforcement officers about a person's presence in the library. Please note that there is a distinction between privacy of a patron's use of library materials and services and their physical presence in a public building. For example:

  • If a law enforcement officer asks staff for information from a patron’s library account or asks if a patron has used the computers, staff should follow the Procedures for Handling Requests for Library Records.
  • If a law enforcement officer, who has provided identification, shows staff a picture of a patron and asks if the patron has been in the library during a designated time period, library staff should answer the officer's inquiry to the best of their ability as the patron has no expectation of privacy in this instance.
  • If a person asks (via telephone or in person) about another patron’s presence in the library, regardless of age (e.g. a parent looking for a child), staff may not provide verification.

In addition, staff may not post (in public or staff areas), proactively monitor the library for an individual and/or report to law enforcement when that person comes into the library, including but not limited to registered sex offenders, runaways, truant minors and fugitives.

KCLS will only take action when notified by law enforcement that a particular patron is a registered sex offender who is subject to court-ordered restrictions. Local management will determine if actions are needed to limit the patron’s use of facilities or services by obtaining a certified copy of the order to verify if any restrictions are relevant to library use.

PATRON HOLDS

To allow patrons the convenience to pick up and checkout their own holds, KCLS uses safeguards to protect patron privacy when placing holds that are ready to pick up on public shelves (i.e. shelve titles spine down, code for patrons’ names).

REMOTE ACCESS

KCLS takes many measures to safeguard patron information, but KCLS cannot and does not guarantee that every task completed via its website, catalogs, databases or public computers is private.

DEFINITIONS (if applicable)

  • Library Records:All circulation records, computer booking records and other records whoseprimary purpose of which is to maintain control of library materials, or to gain access to information that discloses or could be used to disclose the identity of a library user. RCW45.56.310
  • Library Account: Information about items on loan, items on hold, overdue items and fines, but does not include computer booking records.
  • Subpoena: A formal written order issued by a government agency, most often a court, which has authority to compel testimony by a witness or production of evidence under a penalty for failure to comply.
  • Warrant: A formal written order issued by a government agency, most often a court, which permits an otherwise illegal act that would violate individual rights. Warrants normally issued by a court include search warrants, arrest warrants and execution warrants.
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Libraries in the King County Library System (also known as King County Rural Library District), through Makerspace, feature introductory workshops and drop-in sessions (“Activities”) for collaboration and creation. In order to participate in a Makerspace and use any equipment provided to its participants, you must first sign the waiver of liability and hold harmless agreement (“Agreement”) below. If you are under 18 years of age, this Agreement must be signed by a parent, guardian, or other responsible adult. By signing this Agreement, you (a) acknowledge that there is a risk of damage to your property or person, (b) knowingly and freely assume all such risks, and (c) assume full responsibility for your participation. 

This is a waiver of legal liability. PLEASE READ ENTIRE DOCUMENT BEFORE SIGNING. 

I, as either a library patron, or a parent or legal guardian of, or adult responsible for the child whose name is set forth below (referred to collectively as Patron), in consideration of Patron being permitted to use the equipment, machines, and/or tools available in the King County Library System Libraries and participate in the activities conducted by Makerspace, acknowledge and agree as follows:

1.1 Patron understands that use of the equipment, machines, and/or tools available in the King County Library System Libraries and participation in the activities conducted by Makerspace entail the risk of damage to their property, loss, and/or severe bodily injury. Patron understands that King County Library System Libraries and Makerspace cannot eliminate all risks or guarantee the safety of its patrons. Notwithstanding the foregoing, PATRON KNOWINGLY AND FREELY BEARS RESPONSIBILITY FOR AND ASSUMES ALL SUCH RISKS, both known and unknown.

1.2 Patron hereby releases, discharges, and holds harmless King County Library System, all of its directors, agents, employees, and/or volunteers from, without limitation, any and all liability, claims, demands, actions, causes of action whatsoever arising out of or related to any loss, damage or injury sustained by Patron, or any of the property belonging to Patron or used by Patron in the operation of the equipment, machines, or tools, or participation in Makerspace activities, including but not limited to damage or destruction of property belonging to Patron or bodily injury to Patron, whether caused by the negligent act or willful act or omission or otherwise of the equipment, machines, or tools in any King County Library or in connection with the use of such equipment, machines, or tools. Patron agrees not to use or allow anyone to use the equipment, machines, or tools for any illegal purpose or in any illegal manner.

1.3 Patron hereby agrees to defend, indemnify, and hold harmless King County Library System, from and against, without limitation, any and all claims, demands, cost, loss damages, liabilities and expenses (including court costs and attorney’s fees) arising out of or resulting from any actions of Patron, including any claims for personal injuries, death, or damage to property by reason of use of the equipment, machines, or tools or Patron’s participation in Makerspace.

1.4 By personally executing this Agreement, Patron promises that he/she is at least 18 years of age. Where this Agreement is executed by a parent or guardian or other responsible adult for and on behalf of Patron, the person so executing warrants that he/she has the authority to waive rights on behalf of the minor Patron and that such parent, guardian or other responsible adult agrees to the release and discharge pursuant to 1.2 and the indemnity contained in clause 1.3 above.

1.5 This Agreement binds the heirs, administrators, executors, personal representatives, dependents and successors of Patron and ensures for the benefit of King County Library System and its successors and assigns.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND AGREE TO BE BOUND BY THEM AND UNDERSTAND THAT I AM EXECUTING THIS AGREEMENT FREELY, INTELLIGENTLY, AND WITHOUT DURESS OF ANY KINDS. 

First Patron's Name

First Name*

Last Name*
First Patron's Date of Birth*
First Patron's Signature*
Second Patron's Name

First Name*

Last Name*
Second Patron's Date of Birth*
Third Patron's Name

First Name*

Last Name*
Third Patron's Date of Birth*
Fourth Patron's Name

First Name*

Last Name*
Fourth Patron's Date of Birth*
Fifth Patron's Name

First Name*

Last Name*
Fifth Patron's Date of Birth*
Sixth Patron's Name

First Name*

Last Name*
Sixth Patron's Date of Birth*
Seventh Patron's Name

First Name*

Last Name*
Seventh Patron's Date of Birth*
Eighth Patron's Name

First Name*

Last Name*
Eighth Patron's Date of Birth*
Ninth Patron's Name

First Name*

Last Name*
Ninth Patron's Date of Birth*
Tenth Patron's Name

First Name*

Last Name*
Tenth Patron's Date of Birth*
PARENT OR LEGAL GUARDIAN: Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
PARENT OR LEGAL GUARDIAN: Name

First Name*

Last Name*

Phone*
PARENT OR LEGAL GUARDIAN: Date of Birth*
PARENT OR LEGAL GUARDIAN: Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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