Confidentiality
Policy Concerning Confidentiality of Personally Identifiable Information about Library Users
The ethical responsibilities of librarians,
as well as statutes in most states and the District of Columbia,
protect the privacy of library users. Confidentiality extends
to information sought or received, and materials consulted,
borrowed or acquired, and includes database search records,
reference interviews, circulation records, interlibrary
loan records, reserves materials, and other personally identifiable
uses of library materials, facilities, or services.
The First Amendments guarantee of freedom of speech and of the
press requires that the corresponding rights to hear what is spoken and
read what is written be preserved, free from fear of government intrusion,
intimidation, or reprisal. The American Library Association reaffirms its opposition
to any use of government prerogatives which lead to the intimidation of the individual
or the citizenry from the exercise of free expression ... [and] encourages resistance to
such abuse of government power.... (ALA Policy 53.4). In seeking access or in the pursuit
of information, confidentiality is the primary means of providing the privacy that will free
the individual from fear of intimidation or retaliation.
Libraries are one of the great bulwarks of democracy. They are living embodiments of the First Amendment because
their collections include voices of dissent as well assent. Libraries are impartial resources providing information on all
points of view, available to all persons regardless of age, race, religion, national origin, social or political views, economic
status, or any other characteristic. The role of libraries as such a resource must not be compromised by an erosion of the privacy
rights of library users.
The American Library Association regularly receives reports of visits by agents of federal, state, and local law enforcement
agencies to libraries, where it is alleged they have asked for personally identifiable information about library users. These visits,
whether under the rubric of simply informing libraries of agency concerns or for some other reason, reflect an insensitivity to the legal
and ethical bases for confidentiality, and the role it plays in the preservation of First Amendment rights, rights also extended to
foreign nationals while in the United States. The governments interest in library use reflects a dangerous and fallacious equation of
what a person reads with what that person believes or how that person is likely to behave. Such a presumption can and does threaten the
freedom of access to information. It also is a threat to a crucial aspect of First Amendment rights: that freedom of speech and of the press
include the freedom to hold, disseminate and receive unpopular, minority, extreme, or even dangerous ideas.
The American Library Association recognizes that, under limited circumstances, access to certain information might be restricted
due to a legitimate national security concern. However, there has been no showing of a plausible probability that national security will
be compromised by any use made of unclassified information available in libraries. Thus, the right of access to this information by individuals,
including foreign nationals, must be recognized as part of the librarians legal and ethical responsibility to protect the confidentiality of the library user.
The American Library Association also recognizes that law enforcement agencies and officers may occasionally believe that library
records contain information which would be helpful to the investigation of criminal activity. If there is a reasonable basis to believe such
records are necessary to the progress of an investigation or prosecution, the American judicial system provides the mechanism for seeking release
of such confidential records: the issuance of a court order, following a showing of good cause based on specific facts, by a court of competent jurisdiction.
Adopted July 2, 1991, by the ALA Council
See also Patriot Act and Beeghly Patrons