LIBRARY CONFIDENTIALITY

Effective Date
June 1988
Last Revision Date
April 2026
Policy Owner
Chief Academic Officer 
Additional Authority
External: American Library Association – Privacy and Confidentiality and interpretation of Library Bill of Rights; FERPA

1. Policy & Purpose 

The College affirms its commitment to intellectual freedom and the right to read without fear of censure or reprisal.  

In accordance with state and federal law and guided by the American Library Association’s principles on privacy and confidentiality, the College Library will protect the confidentiality of patron records and library use to the fullest extent possible. Confidential records include but are not limited to; patron registration data, circulation records, interlibrary loan transactions, reference questions, database usage, and other personally identifiable information related to library services (both physical and virtual). Such records will not be disclosed except as required by law, court order, or institutional policy. 

Last Review Date: April 2026

History
Adopted: June 23, 1988
Reformatted: May 5, 2010
Revised: April 13, 2011
Revised: June 27, 2017
Revised: April 9, 2026

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Procedure 6120A

LIBRARY CONFIDENTIALITY

Effective Date
June 1988
Last Revision Date
April 2026
Policy Owner
Chief Academic Officer 
Additional Authority
External: American Library Association – Privacy and Confidentiality and interpretation of Library Bill of Rights; FERPA

1. Procedure

Library policy supports intellectual freedom and the right to read without fear of censure or reprisal. 

In a library (physical or virtual), the right to privacy is the right to open inquiry without having the subject of one’s interest examined or scrutinized by others. Confidentiality exists when a library is in possession of personally identifiable information about users and keeps that information private on their behalf. Confidentiality extends to “information sought or received and resources consulted, borrowed, acquired or transmitted” (ALA Code of Ethics), including, but not limited to: database search records, reference questions and interviews, circulation records, interlibrary loan records, information about materials downloaded or placed on “hold” or “reserve,” and other personally identifiable information about uses of library materials, programs, facilities, or services (ALA Bill of Rights). 

The Library observes state laws regarding the disclosure of personal information in library records. Access to and inspection of records kept by Hay Library shall be accomplished in accordance with the Wyoming Public Records Act, Wyoming Statute 16-4-203. This statute supports the following: Library circulation and registration records which may be required in controlling the use of library material are for the sole purpose of protecting public property and such records are not to be used directly or indirectly to identify the kinds of materials used by individual Library patrons, except insofar as the Library may be helpful to such patron in finding what they want. 

The Library observes state and federal laws, including the Family Educational Rights and Privacy Act (FERPA), regarding the disclosure of personal information in library records.  Library records for currently enrolled students are considered part of educational records under FERPA and will be disclosed only in compliance with FERPA regulations. The Library will never yield any information about its patrons’ use of library materials, equipment, programs, facilities, or services to any government agency, whether local, state, or federal, without an order from a court of competent jurisdiction. The Library will make reasonable efforts to notify the patron whose records are subject to a court order or subpoena, when legally permissible 

A custodial parent or guardian, upon proper identification, may request to inspect the records of a minor child. Under no circumstances shall Library staff ever answer a third-party inquiry relating to a patron’s use of library materials, equipment, programs, facilities, or services. Furthermore, the Library shall not keep any records or logs detailing computer and/or internet access.  The Library also seeks to minimize the retention of personally identifiable records (e.g., circulation history, hold requests, or interlibrary loan transactions), maintaining them only as long as operationally necessary. 

Third-Party Electronic Resources: 

The Library will ensure that contracts with third-party databases or e-resource providers include privacy protections consistent with this policy. 

Administering the Policy 
Any staff member receiving a request to examine or obtain information relating to circulation or registration records, and/or any information particular to a patron’s access to library materials, equipment, programs, facilities, or services, shall immediately refer the person making the request to the Director of Academic Resources and Learning Innovation (or designee). 

The Director will explain the confidentiality policy to the inquirer and, if necessary, show the written copy of the policy and procedure. 

Receipt of Court Order or Subpoena 
Upon receiving such a receipt, the Director shall notify the Vice President of Academic Affairs who will consult the College attorney to determine if such an order or subpoena is in good form and if there is a show of good cause for its issuance. The College President will notify the Board President of the court order or subpoena. 

If the order or subpoena is not in proper form, or if good cause has not been shown, these defects shall be corrected before any records are released. 

Unauthorized Demands 
Any unauthorized demands not supported by an order or subpoena concerning circulation or registration records, and/or information regarding a patron’s access to Library materials, equipment, programs, facilities, or services, shall be reported to the Vice President of Academic Affairs. 

Last Review Date: April 2026

History
Adopted: June 23, 1988
Reformatted: May 5, 2010
Revised: April 13, 2011
Revised: June 27, 2017
Revised: April 9, 2026