The Hayward Public Library (Library) makes every effort to protect the confidentiality and privacy of its library users. The Library operates in accordance with applicable including the California Consumer Privacy Act and the California Public Records Act.
For the purposes of this policy, “Confidentiality” refers to a HPL’s refraining from disclosing or sharing any personal or library use records to an unauthorized third party. “Privacy” refers to the protection from intrusion from third parties.
Following are Frequently Asked Questions about confidentiality and privacy issues.
Are my Library records private or confidential?
Records of your personal information and your use of the library are private and confidential between you and the Library. These records are only used in the operation of the Library and provision of library services such as your borrowing of library materials, use of library computers, registering for programs, etc. The Library does not sell your information or use it in any way except in conjunction with Library use.
3rd party vendors may assist with Library operations or provision of services like eBooks and other library programs, and also have their own privacy policies. All policies must comply with applicable library confidentiality laws.
What records of my use does the Library have?
The Library maintains a database of borrower’s registration records with basic identifying and contact information, including names, addresses, birthdate, etc. The Library has a record of all books and library materials checked out on your library card while you have them checked out. When library materials are returned to the Library, borrower’s name only remains attached as the last known borrower until the next person checks it out, at which time all past history is erased. If you are late in returning materials, a record is maintained until you have returned the materials, or in the case of lost or damaged items, until any charges or fees are paid.
What about use of the library Internet terminals - can the Library find out what web sites I have visited?
The Library does not track internet use and does not track who has used a computer once they have logged out. Public computers are cleared nightly of any record of the day’s activity. However, if a library user behaves in a manner not in compliance with the Library Computer Use Policy or Library Code of Conduct, Library staff may create an incident report and record necessary information, including observed use of sites.
Can copies of my library records ever be given out?
In order to prevent an unreasonable invasion of personal privacy or confidentiality, the contents of registration and circulation records are not made available to anyone except the individual customer whose record is in question or under written order of the City Attorney, such order having been issued pursuant to a proper legal process, court order or subpoena under the law. The Library handles all requests for library records on a strictly need to know basis and will not inform anyone other than the agency approved by the City Attorney to receive the requested records, including the library user whose records are being requested. All requests for patron information are referred to the Director of Library Services or their designee.
Can law enforcement get copies of my library records?
Yes, but only with a signed court order, search warrant or subpoena issued by a judge and approved by the City Attorney. Law enforcement must show probable cause of a crime or relevancy to an on-going criminal investigation or threat to this country.
What does the USA PATRIOT Act do to my privacy and the use of the Library?
The USA PATRIOT Act was enacted after the tragic events of September 11, 2001. It affects libraries by making it easier for Federal law enforcement to get a court order to access a customer’s records. A court order is still required but the court order may be valid anywhere in the United States instead of a particular place. It also allows court orders to be issued using the less demanding standards for surveillance of foreign intelligence gathering rather than probable cause. Further, the USA PATRIOT Act prevents the Library from informing a customer if records are seized by search warrant or subpoena. The same requirement of securing a court order to obtain customer records remains, however, the USA PATRIOT Act makes it easier to get a court order if terrorism is suspected.
What can I do if I don’t want anyone to know what I am borrowing or reading?
Anyone may come into the Library and use library materials in the library. If you are concerned about borrowing materials and creating a record, you can choose not to borrow them and simply use them in the Library. If you have an account in good standing with no checked out items, unpaid fines, etc., you may also request that your account and personal information are removed from the Library database and destroy your Library Card.
Can I request copies of my minor child’s library records?
All records, including those of minors, are treated as completely confidential and are not released to anyone, including family members or guardians without a signed release or a signed court order, search warrant or subpoena issued by a judge and approved by the City Attorney. Parents and legal guardians of minors are encouraged to discuss options for monitoring their children’s library use prior to the child getting a library card.