In January 1984, the Illinois Library Records Confidentiality Act (75 ILCS 70) was passed to ensure the privacy of a library patron’s registration and circulation records. This act protects sensitive patron information from anyone wishing to obtain it, including a law enforcement or government official, unless a court order is issued and presented.‹See TfD›
Contents
Major sections of the Act
The three major subsections of the Act are presented below:
Rationale for the Act
The rationale behind this piece of legislation begins with the First Amendment to the United States Constitution, in so far as the privacy of library records is thought to be an appendage to freedom of speech. There have been numerous attempts through the years by individuals and institutions to gain the sensitive information on a patron’s library card, such as law enforcement looking for the identity of someone conducting research on a particular topic, or a professor wanting to review the circulation records of a student accused of plagiarism. Furthermore, it is thought that if patrons cannot be assured that their information is confidential, it produces a “chilling effect” on a patron’s desire for information.
Similar state laws
It is worth noting that while forty-eight states and the District of Columbia have confidentiality laws relating to libraries, no two are exactly alike. And for each state, including Illinois, many revisions and additions to this Act have been debated. For example, Illinois has no provision in its Library Records Confidentiality Act that would allow a parent to review the circulation records of their child. However, many state laws do. This is one topic that will continue to be debated at the state level.
Future considerations
It has also been suggested that section (c)(iii) of the Act needs to be updated to reflect the modern library. The phrase “particular books or materials” may now need to be expanded to reflect the usage of websites, databases, program attendance, etc.