NO. 129. AN ACT RELATING TO THE CONFIDENTIALITY OF LIBRARY PATRON
RECORDS.
(S.220)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 22 V.S.A. chapter 4 is added to read:
Chapter 4. LIBRARY PATRON RECORDS
§ 171. DEFINITIONS
As used in this chapter:
(1) “Library” means a public
library as defined in subdivision 101(2) of this title, any college
university or school library, or any other library or archive that is
open on a regular basis and makes available on site, or circulates,
materials to the public without a fee.
(2) “Patron registration
records” means library records that contain information a library patron
must provide in order to be eligible for borrowing privileges at a
library.
(3) “Patron transaction
records” means library records that contain names or other personal
identifying information that discloses an individual’s activities within
a library, including the materials that have been viewed in print or
electronic form, research questions posed, materials in any format that
the patron has requested through interlibrary loan or has borrowed, or
any other library service or consultation that the patron has requested.
§ 172. LIBRARY RECORD
CONFIDENTIALITY; EXEMPTIONS
(a) A library’s patron
registration records and patron transaction records shall remain
confidential.
(b) Unless authorized by other
provisions of law, the library’s officers, employees, and volunteers
shall not disclose the records except:
(1) with the written
permission of the library patron to whom the records pertain;
(2) to officers, employees,
volunteers, and agents of the library to the extent necessary for
library administration purposes;
(3) in response to an
authorized judicial order or warrant directing disclosure;
(4) to custodial parents or
guardians of patrons under age 16;
(5) to the custodial parents
or guardians of a student, in accordance with the federal Family
Education Rights and Privacy Act, by the library at the school the
student attends.
(c) Statistical records
pertaining to the patronage, circulation activities, and use of any
service or consultation the library provides, provided that they do not
contain the names of patrons or any other personally identifying
information, shall be exempt from the provisions of this chapter.
§ 173. RIGHT OF PATRON
ACTION
Any person whose confidential
patron registration records or patron transaction records have been
disclosed, except as provided in this chapter, is authorized to bring a
civil action against the library that disclosed the records.
Sec. 2. 1 V.S.A. § 317(c)(19) is amended to read:
(19) records relating to the identity of library patrons or the
identity of library patrons in regard to the circulation of library
materials patron registration
records and patron transaction records in accordance with chapter 4 of
Title 22;
Approved: May 13, 2008
