Freedom of Information Act (FOIA): Procedures and Guidelines
Freedom of Information Act (FOIA): Summary
Fowlerville District Library Policy Bulletin
POLICY NO: 503
SUBJECT: Confidentiality of Library Patron Records
1. In compliance with the Library Privacy Act, the Fowlerville District Library Board of Trustees agrees that library patron records are privileged and confidential information.
2. Public Act 188 of 1996 amends the Michigan Library Privacy Act. The Act now permits disclosure of library records if the library receives “written consent of the person liable for payment for or return of the materials identified in that library record.” (MLC 397.603)
3. Among those items held to be confidential are:
a. Name, address or telephone number of a specific patron.
b. The titles of books or other materials used, requested or borrowed by
c. a patron.
d. Whether or not a specific patron has a library card.
e. Length of time a specific patron has held a library card.
f. How often a specific patron uses a library card.
g. Any other information concerning library activities of a specific person.
4. Michigan Freedom of Information Act (Section MCL 15.243 (1) (a) provides:
“(1) A public body may exempt from disclosure as a public record under this act: Information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.”
To that end, Library Records or other confidential information shall be released or disclosed only as provided by Michigan Law.
5. If a member of the public submits a proper Freedom of Information request and is denied personal information based on the foregoing policy, the Library will comply with the requirements of the Freedom of Information Act. If examination of this policy by the member of the public does not bring satisfaction, the Library will, within five (S) business days after the FOIA request is made, send to the requestor a Denial of Request Form (see sample attached) which outlines rights of the requestor under Michigan Law.
6. Statistical data which does not identify the library activities of particular library patrons may be disclosed if a Freedom of Information Act request is submitted in accordance with requirements of the FOI Act.
7. Freedom of Information Act Requests: All written requests for public records must be processed according to the Michigan Freedom of Information Act (FOIA)
a. Receipt of Request: When the Library receives a FIOA request, the library staff member shall immediately provide a copy of the request to the Library Director. A FIOA request includes any written request for documents, information, or records. If any individual makes a verbal request, the Library staff member shall contact the Library Director immediately regarding the request.
b. FOIA Coordinator: The Library Director shall be the FOIA Coordinator and shall be responsible for providing written responses to FOIA requests. Pursuant to the FOIA, the Library has five (5) business days to respond to the request; however, the FOIA provides that the response time may be extended for an additional ten (10) days upon written notice to the requestor.
c. Exemptions: The FOIA permits the Library to exempt certain documents to disclosure. Theexemptions that assist in protecting patron privacy include but are not limited to the following: Statutory Exemptions: Pursuant to the Library Privacy Act, Library Records are not subject to disclosure under the Freedom of Information Act (FOIA).
According to the FOIA, the Library may refuse to disclose documents exempt by statute, such as the Library Privacy Act. Thus, Library Records are exempt under the FOIA and under the Library Privacy Act.
Privacy: Other records not covered under the definition of “Library Record” but as considered confidential may be exempt for disclosure because the release of the record would result in a clearly unwarranted invasion of privacy under Section 13(1)(a) of the FOIA.
iii. Other Exemptions: Section 13 of the FOIA contains other exemptions to further protect other library records, including but not limited to exemption from disclosing social security numbers and attorney-client privileged information.
d. Action by the FOIA Coordinator: Within the time required by the FOIA, the FOIA Coordinator shall respond in writing to a FOIA request. The FIOA Coordinator has the duty to determine if any requested record is exempt from disclosure.
e. Consultation with Attorney: The FOIA Coordinator has the authority to consult with the Library Attorney regarding any matter related to a FOIA request.
8. State or Local Subpoenas, Court Orders, or Legal Processes: Any staff member of the Fowlerville District 1ibrary who is served with a subpoena, court order, or other legal process to release or disclose any Library Record or other Library document for a State or Local law enforcement agency shall promptly notify the Library Director, or his or her designee.
a. Opportunity to be Heard: Pursuant to the Library Privacy Act, unless ordered by a court after giving the affected library notice of the request and an opportunity to be heard on the request, the Library or a staff member or agent of the Library shall not release or disclose a Library Record or ponion of a Library Record to a person without the written consent of the person liable for payment for or return of the materials identified in that Library Record. The Library may appear and be represented by counsel at a hearing regarding the subpoena.
b. Consultation with Attorney: The Library Director has the authority to consult with the Library Attorney regarding the sufficiency, scope, or any other matter related to the subpoena, court order, or other legal process.
C. Action by Library Director: After the review of the subpoena or court order the Library Director shall take appropriate action to respond.
d. Confidentiality: As required by the United States Patriot Act, of a subpoena, court order, or other legal process is submitted to the Library by the State or Local Agency, the Library shall maintain the confidentiality as permitted by court order to Michigan Law.
9. Federal Subpoenas, Court Orders, or other legal processes: Any Fowlerville District Library staff member who is served with a subpoena, court order, or other legal process to release or disclose any Library Record or other Library document from a federal law enforcement agency shall promptly notify the Library Director, or his or her designee.
a. Opportunity to be Heard: The Fowlerville District Library retains any rights it may have to legal process or opportunities to be heard regarding a federal subpoena, court order, or other legal process as permitted by law.
b. Consultation with Attorney: The Library Director has the authority to consult with the Library Attorney regarding the sufficiency, scope, or any other matter related to the subpoena, court order, or other legal process.
c. Action by Library Director: After the review of the subpoena, court order, or other legal process, the Library Director shall take appropriate action to respond. The Library Board acknowledges that the Library Director, if required by order or subpoena, may not be permitted to inform the Library Board that the federal law enforcement agency has requested records.
d. confidentiality: As required by the Untied States Patriot Act, if a subpoena, court order, or other legal process is submitted to the Library by the Federal Bureau of Investigation and if required by such subpoena, court order, or other legal process of law, no person shall disclose to any other person (other than the persons necessary to produce the tangible things under Section 501 of the Foreign Intelligence Surveillance Act of 1978, (50 U.S.C 1861 et seq) that the Federal Bureau of Investigation has sought or obtained such tangible things. The Library may not be able to inform the patron that his or her records were sought.
10. Consent: In compliance with the amended Michigan Library Privacy Act, a person who is liable for the payment or return of materials identified in a Library Record or portion of a record may consent to the release of that record. Further, a parent or legal guardian who signs to accept legal responsibility for the return of his or her child’s (under the age of 18) library materials and accepts financial liability for the child’s library fines and other charges may authorize the disclosure statement on the Library Card Application granting consent on behalf of the minor.