Self-Audit
To ensure your library’s privacy policy complies with Wis. Stat. § 43.30 and addresses related legal, operational, and best-practice considerations, determine whether your policy:
- Defines what constitutes a record that identifies a library user as outlined under Wisconsin law
- Clearly states that records identifying library users are confidential
- Clearly defines who is covered by the policy (e.g., all library users, cardholders, visitors, minors, and individuals who interact with the library in person, online, or by phone)
- Clearly describes when and to whom patron records may be shared, including with the library user themselves (or someone they have authorized to collect information on their behalf), custodial parents or guardians, collection agencies, or other libraries as part of normal library operations
- Identifies which library services and activities are covered (e.g., circulation, reference services, meeting rooms, public computers, Wi-Fi, digital resources, and library surveillance footage)
- Clearly states what records are collected and references appropriate retention schedules
- Specifies the types of data the library does not collect (e.g., browsing histories, demographic data, identification numbers)
- Addresses the use of third-party vendors and explains what patron data those vendors may collect or access
- Clearly distinguishes how records are handled for minors under age 16 versus minors age 16 and over, and explains the rights of custodial parents or guardians under Wisconsin law
- Explains how the library responds to requests for access to library records from law enforcement, including the requirement for appropriate legal documentation (such as a court-issued warrant or subpoena)
- Explains that patron information disclosed for collection purposes is limited to name, contact information, and amount owed, and that disclosure may occur only to a collection agency or, when the amount owed is at least $50, to a law enforcement agency
- Explains how the library responds to suspected or actual breaches of patron confidentiality, including internal reporting and mitigation steps, when applicable
- Aligns with your System/Consortium’s privacy policy
- Is written in ‘plain language’ that is easy for patrons and staff to understand
Related Procedures
Some policies lend themselves to developing procedures that help library staff understand how to apply the policy or provide guidance or scripts for communicating with patrons. The following procedures may involve privacy policy considerations:
- Data retention and record retention and disposition
- Delinquent accounts and collection practices
- Library card registration and identity verification
- Library records for minors
- Linked records (including holds pick-up authorizations)
- Obsolete records (e.g., deceased patrons)
- Staff access to and confidentiality of patron records
- Responding to requests from custodial parents or guardians (including the process for correctly identifying custodial parents or guardians)
- Responding to law enforcement requests for records/surveillance footage
Related Policies
The following topics might be related to your privacy policy, depending on your library’s needs:
- Circulation
- Computer/Internet Use
- Fines & Fees
- Library Card Registration
- Patron Behavior/Conduct
- Photo/Video/Recording by members of the public
- Photo/Video/Recording by library staff
- Video Surveillance
- Public Records
- Records Retention
Sample Policies
We’ve collected some sample privacy policies for you to review as you work on your policy. Visit the Public Library Policy Resources WISELearn Group for more discussion, or consider uploading your library’s policy for discussion or as another example for the library community to learn from.
What’s next?
In April, our Policy of the Month club will focus on Child Safety/Unattended Child policies. Visit the Public Library Policy WISELearn group to share your policies for discussion!
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