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Privacy of Library User Records

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Confidentiality of Records

As required by Colorado Revised Statutes, § 24-90-119 (Privacy of User Records), the Wellington Public Library recognizes that patron records and other information that identifies a person as having used the Library are confidential and are not subject to disclosure.  Such records shall not be made available except pursuant to a valid process, order or warrant.

Colorado Revised Statutes, §24-90-119 provides:

         Privacy of User Records:

(1)    Except as set forth in subsection (2) of this section, a publicly-supported library shall not disclose any record or other information which identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.

(2)    Records may be disclosed in the following instances:

(a)    When necessary for the reasonable operation of the library;

(b)   Upon written consent of the user;

(c)    Pursuant to subpoena, upon court order, or where otherwise required by law;

(d)   To a custodial parent or legal guardian who has access to a minor’s library card or its authorization number for the purpose of accessing by electronic means library records of a minor.

(3)    Any library or library system official, employee, or volunteer who discloses information in violation of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

In accordance with this statute, the Wellington Public Library will not release patron records except pursuant to approval of the Library card holder, the Town attorney or pursuant to a court order or warrant.  The application of Library’s inability to release records applies to family members, law enforcement agents, and reporters.  The possession of a library card implies consent to access the account.  A staff member may provide information on an account if the requestor gives the last name and the library card number.

This policy shall not prevent the Library from pursuing the return of, or payment of, overdue library materials.  The Library staff is to use their best judgment in determining whether disclosing information about usage or records is necessary for the reasonable operation of the Library.