CPLR 4509

For an Interlibrary Loan Electronic Transmission (whether printed out and included with the item(s) or sent via electronic means) in a K-12 setting, can a student's name (the one ultimately borrowing the item) be used in the "receipt" or notification slip? Should a student's School ID number be used? Can both be used at the same time?

This question comes at us from a school district public library and supporting Board of Cooperative Educational Services ("BOCES").

Recently a question has come up at our academic library concerning patron privacy and the notification to a patron (usually a student) concerning excessive downloading of content from databases in our collection. Our current practice has been to receive notification from the vendor about perceived illegal downloading.

Questions that combine higher education, data access, and "terms of use" enforcement always give me a moment of sad reflection, as I remember Internet pioneer and activist Aaron Schwartz. It was an alleged overuse of an academic database at MIT in 2012 that lead up to his demise.[1]

Is it legal to print student photos with their names on their school library cards for circulation use?

I didn't realize it in first grade, but a school library[1] is one of the first places a person experiences "the right to privacy" unmediated by a parent or guardian.

Given libraries are preparing plans to reopen, I am looking for a follow up to the 3/19/2020 question posted to Ask The Lawyer pertaining to being informed that an individual who has been confirmed to have COVID visited one of our libraries. (participated in a program).

The short answer

This answer is being written on May 28th, 2020.

At this time, in addition to Executive Order 202 issued on March 7, 2020 and declaring a state of emergency in New York through September 7th, 2020, there are 30 Executive Orders.

We are seeking guidance as a result of the following:

We have been informed (by the Health Department and via news media) an individual who now has been confirmed to have COVID-19 attended a program at one of our libraries. I have been asked the following questions:

To address this very serious array of questions, we’ll take them one at a time.

To what extent is it the responsibility of the library to notify participants who attended the library program the person now diagnosed with COVID-19 attended?

My question is: do public libraries have any legal obligation to collect emergency contact information for children (age 17 and under) attending library programs without a parent or caregiver present/on the premises?

This question is rather like asking an astronautical engineer: When on a spacewalk, are there any safety procedures specifically related to securing my helmet as I exit the airlock? 

Is a parent or guardian allowed to access the titles of books that that their child(ren) have checked out from the school library?

Are school administrators allowed to access the titles of materials a student checked out?

In the state of New York, library records linked to the names of users can only be disclosed:

1) upon request or consent of the user;

2) pursuant to subpoena or court order; or

3) where otherwise required by statute.

Therefore, the strong default answer to the member’s questions is “NO.”

We have a question that relates to the intersection of New York state level library privacy laws (https://www.nysenate.gov/legislation/laws/CVP/4509) and FERPA.

Depression.  Burn-out. Dissatisfaction. Lack of connection.  Lack of money. Lack of parking.

These are just some of the reasons students give when they choose to leave—or are forced to leave—their college or university before graduating. 

Can a library report a crime based on use of library resources while honoring CPLR 4509 (assuring the confidentiality of circulation records)?

CPLR 4509 [1] is a critical caisson in a library’s foundation, protecting users from those who would draw negative inferences based on access to the library.  The law sets out, in bold, simple language, that librarians shall not disclose such records to law enforcement (or others), unless there is an appropriate subpoena, court order, or disclosure is required by law.