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Library Policy #35: Privacy Policy

0.0 CONTENTS


1.0 Introduction

This Privacy Policy governs the College of Charleston Libraries collection, retention and use of personal information from faculty, staff, students and special borrowers.

To safeguard the privacy of individuals in their use of the library, the College of Charleston Libraries maintains the confidentiality of registration, circulation and access records in accordance with Code of the Laws of South Carolina, Section 60-4-10 Records Identifying Library Patrons as Confidential Information; Disclosure. See attached.

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2.0 Registration Records

Registration records include any information the Libraries requires from users to access or borrow materials.  Such information includes addresses, telephone numbers and College of Charleston campus-wide identification numbers.

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3.0 Circulation and Access Records

Circulation and access records link patrons to materials they have borrowed or accessed electronically. Included in these records are web browsing histories and reserve materials.

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4.0 Third Party Websites

The College of Charleston Libraries website has links to many other external web sites, primarily databases and electronic journals which the library has licensed for the use of the College of Charleston community.  Once patrons link to another site through a link that we provide, they are subject to the privacy policy of the new site, which may differ considerably from that of the College of Charleston Libraries.  The Libraries cannot be responsible for the privacy practices of those external web sites.

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5.0 Confidentiality

No library employee shall reveal the identity of a borrower to any requestor except in the pursuit of his or her assigned duties.   Library employees are to refer all requests for registration records, circulation records, access or third party web site histories to the Dean of Libraries or his designee. 

It is the policy of the College of Charleston Libraries to protect the confidentiality of library patrons to the extent permitted under state and federal laws. The Libraries will comply with all lawfully issued court orders and subpoenas properly served upon them and furnish the documents and materials specifically listed in the court order or subpoena.

In the absence of judicial orders or College administrative permission, those to whom information will be denied include but are not limited to faculty, staff (including library staff except in the pursuit of their assigned duties), parents, students, campus security, police, FBI agents, military personnel and attorneys.  The College of Charleston Libraries believes that protecting the rights of library users to view and read materials without fear of intrusion, intimidation or reprisal is an essential element of intellectual and academic freedom.

Procedures for Requests for Personal Information

  1. The Dean of Libraries or the Dean’s designee will be the person responsible for handling all law enforcement requests. If a law enforcement agent or officer approaches any library employee or volunteer requesting confidential information, the library employee or volunteer should ask for identification and then immediately refer them to the Dean or the Dean’s designee.
  2. All Libraries employees and volunteers will understand that they have no authority to answer the questions of agents or officers, nor to order compliance with any court order or subpoena. It is lawful to refer the agent or officer to the Dean or designee, and library employees and volunteers are under no obligation to respond immediately to any request from agents or officers. Without a court order, law enforcement officials do not have the authority to compel cooperation with an investigation or require answers to questions, other than the name of the person speaking to the officer.
  3. Only under circumstances where a Libraries employee or volunteer believes that an emergency involving immediate danger of death, serious physical injury, or substantial damage to property will they be permitted to disclose personal and/or circulation information about a patron to law enforcement officials.
  4. If the agent or officer does not have a court order compelling the production of records, the Dean or designee will explain the Libraries’ confidentiality policy as well as state law and inform them that the records are not available until a court order or subpoena in proper form is issued and presented to the Dean or designee. A valid court order must be issued before a law enforcement agent or officer places software or hardware on the libraries’ computer servers or other information technology.
  5. After the visit, all Libraries staff and volunteers must adhere to any restrictions in the warrant about sharing the information with others. Only the Dean or the Dean’s designee will be prepared to discuss the matter with the media if necessary.

Drafted: Robert Neville, Asst. Dean, Technical Services  10/08/2007
Approved: Librarians 10/25/2007

 

Addenda (Code of the Laws of South Carolina)

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Phone: (843)953.5530 | Fax: (843)953.8019
College of Charleston Libraries | 205 Calhoun Street
Mailing Address: 66 George Street, Charleston, South Carolina, 29424