Chapter: Circulation
Policy Number: 2.05
Original Effective Date: 8/18/04
Revision History: 4/16/20, 6/16/21, 7/17/24
Privacy Statement
Privacy is the right to seek information through Library resources without having the subject of interest known or examined by others without consent. Protecting Library user privacy and keeping confidential information that identifies or associates individuals with their use of Library books, materials, equipment, programs, services, facilities and/or staff assistance is an important principle of the Library.
Legal Protections
Wisconsin law has protections in place to assist the Library in keeping records confidential. In certain circumstances, Library records may be subject to disclosure to law enforcement officials under provisions of state law or federal law under the provisions of the USA Patriot Act (Public Law 107-56).
The relevant Wisconsin laws concerning the confidentiality of Library records are Wisconsin State Statutes Section 43.30 and the Wisconsin Personal Information Practices Law (Wisconsin State Statutes Sections 19.62 to 19.80). Per 43.30(1m), Library records include the borrow or use of the Library’s documents or other materials, resources, or services.
Disclosure of Records
Wisconsin State Statutes Section 43.30 requires that Library records may only be disclosed to those other than the user under the following circumstances:
- With the consent of the individual Library user.
- To a custodial parent or legal guardian of a child under 16 years of age.
- To persons acting within the scope of their duties in the administration of the Library or Library system.
- To other libraries for interlibrary loan purposes.
- To a qualifying third party[1] to assist with delinquent accounts. Under the provisions of the law, the Library may only disclose the patron’s name, contact information, the number and type of materials that are overdue, and the amount owed to the Library.
- By court order.
- Surveillance video footage:
- Upon the request of a law enforcement officer who is investigating criminal conduct alleged to have occurred at the Library. In this instance, the Library shall disclose all video footage pertinent to the alleged criminal conduct that were produced by a surveillance device under the control of the Library.
- If a Library requests the assistance of a law enforcement officer, and the Library Director determines that records produced by the Library’s video surveillance devices under the control of the Library may assist the law enforcement officer to render the requested assistance, the Library may disclose the necessary video surveillance footage to the law enforcement officer.
Library Records
The Library avoids creating unnecessary records and retaining records longer than needed for Library business purposes.
Registration
To receive a Library card, Library users are required to provide identifying information such as name, birth date, photo identification, and address. The identifying information is retained as long as the Library user continues to use the Library card. In most cases, the information will be in the database for a maximum of three years after the patron ceases use of the Library card, at which time the record is deleted.
Circulation Record
A Library patron’s circulation record includes current identifying information, items currently checked out[2] or on hold, as well as overdue materials and fines. When an item is returned, it is removed from the patron’s checkout list. However, patrons who sign up for the reading history service will have their checkout history saved instead of purged. Patrons must opt-in for their reading history to begin being stored. The user has the option to turn off the service and delete their reading history at any time. Titles of holds, overdue, or almost overdue materials are retained in the account for a period of 180 days.
Circulation History
90 days after an item is returned, the Library System removes the information regarding the last patron to check it out which deletes the patron from the item history log. Any given item’s history log is not accessible by anyone but Library or System staff, and the information on an item’s history log is only used for internal purposes. If the item had associated fines, the fine transactions are saved.
Other Records
The Library may also gather information necessary to provide a requested service to a Library user including, but not limited, to the following examples:
- Electronic access information such as the Library card or guest pass number used to log onto Library public computers or search a Library database
- Interlibrary loan requests or reference services
- Registrations of or participation in Library classes and programs
- Meeting room use
- Emails and/or text messages about Library services and programs
- Registration and services related to home delivery
- Volunteer registration and activities
Once there is no longer a need for the information, personally identifying records are destroyed. Emails sent to the Library and/or Library staff may be subject to the requirements of Wisconsin’s Public Records Law (Wisconsin Statutes Sections 19.31 to 19.37). Personally identifying information in emails sent to the Library and/or Library staff will not be made public without a request following the requirements in Wisconsin’s Public Records Law.
The Library treats records as confidential in accordance with Wisconsin State Statutes Section 43.30. The Library will not collect or retain private and personally identifying information without the person’s consent. If consent to provide personally identifying information is given, the Library will keep it confidential and will not sell, license, or disclose it to any third party, except for purposes described by the law.
Access to Children’s Records
Custodial parents or custodial guardians seeking records of their minor children under the age 16 may be asked to provide proof of their child’s age as well as evidence they are the custodial parent. According to Wisconsin Statutes Section 43.30(1b)(ag) “Custodial parent” includes any parent other than a parent who has been denied periods of physical placement with a child under Wisconsin Statutes Section 767.41(4).
Parents or custodial guardians of children are financially responsible for their children’s Library accounts until the child turns 18. Library staff may not grant parents or custodial guardians access to information contained in Library accounts of children ages 16 and older.
Public Computer Use and the Library’s Automation Systems
The Library routinely and regularly purges information that may be linked to Library users, such as information from web servers, mail servers, computer time management software, interlibrary loan requests, and other Library information gathered or stored in electronic format.
The Library System maintains the online catalog and a number of databases. The Library System automatically collects and maintains statistical information about Library users’ visits to the Library catalog and databases. This information includes the Internet Protocol (IP) address of the visitor, the computer and web browser type, the pages used, the time and date and any errors that occurred. This information is used for internal reporting purposes and individual users are not identified. Network traffic is monitored to identify unauthorized attempts to upload or otherwise damage the web service. If a Library user chooses to pay fines and fees via credit card, the credit card number is not stored in the user’s Library account; it is simply passed through to the third party payment processor.
Websites
The Library’s website contains links to other sites including third party vendor sites. The Library is not responsible for the privacy practices of other sites which may be different from the privacy practices described in this policy. The Library encourages Library users to become familiar with privacy policies of other sites visited, including linked sites.
The Library website does not collect personally identifying information from visitors to the website unless the patron requests a service via the Library website. The Library may collect non-personal information from visitors to the website for statistical analysis, site assessment, server performance, authentication, troubleshooting and other management purposes. Examples of non-personal information collected include IP address of the computer, the type and version of browser and operating system the computer uses, geographical location of the network used to link to the Library’s site, and time and date of the access. There is no link to personally identifying information in computer communications, unless a patron has provided that information in the content of a transaction, for example, filling out an online form to request a service.
The Library uses temporary “cookies” to maintain authentication when a patron is logged in to the online catalog. A “cookie” is a small text file that is sent to a user’s browser from a website. The cookie itself does not contain any personally identifying information. Other electronic services offered by the Library through third party vendors may use “cookies” to help control browser sessions. Websites may use the record of “cookies” to see how the website is being accessed and when, but not by whom.
Library database users are asked for their Library card number to ensure that only authorized users have access. Database vendors do not have access to any user records or information.
The Library and the Library System work with a variety of partners to provide e-content (e.g. e-books, e-audiobooks, e-music, e-videos, e-magazines) to users. Prior to checking out any of the Library’s e-content users should read the privacy policy of the company that is providing the service.
Wireless Access
The Library offers free wireless access (Wi-Fi) for Library patrons to use with their own mobile devices. The Library’s Internet Use Policy governs this service.
As with most public wireless connections, the Library’s wireless connection is not secure. Any information being transmitted could potentially be intercepted by another wireless user. Cautious and informed wireless users should choose not to transmit personal information (credit card numbers, passwords and any other sensitive information) while using any unsecured wireless connection. Use of the Library’s wireless network is entirely at the risk of the user. The Library disclaims all liability for loss of confidential information or damages resulting from that loss.
Radio Frequency Identification (RFID)
The Library uses RFID technology to secure and circulate its collection. The only information stored on a RFID tag is the item barcode and a security chip that indicates if the item is in or out of the Library. RFID technology is not used in Library cards.
Other Services
Some patrons may choose to take advantage of RSS feeds from the Library’s website, hold and overdue notices via email or text message, and similar services that send personally identifying information related to Library use via public communication networks. Patrons should also be aware that the Library has limited ability to protect the privacy of this information once it is outside the Library’s control. Patrons using these other services consent to receiving communications from the Library via public communication networks. The Library disclaims all liability for loss of confidential information or damages resulting from the use of these public communication networks.
Library Photos
Patrons may be photographed at the Library and those photos may be posted to the website, social media, or used in promotions. Patrons are advised to notify Library staff members if they do not wish to be in photographs.
Video Surveillance
In order to maintain a safe and secure Library, selected public areas of the Library premises are under continuous video surveillance and recording. Images from the Library surveillance system are stored digitally on hardware at the Village of Menomonee Falls. It is the intent of the Library to retain surveillance footage for a maximum of seven days. Video footage that documents incidents that may lead to claims against the Library or the Village of Menomonee Falls will be kept for a minimum of 120 days after the incident. Video surveillance may be monitored in real-time, and reviewed by Library staff.
Video surveillance data are considered to be protected public Library records. State Statutes carefully define law enforcement officials’ authority to view surveillance data, and the Library will cooperate with law enforcement officials without a court order as permitted by Wisconsin Statutes Chapter 43.30(5) in two specific circumstances:
- Upon the request of a law enforcement officer who is investigating criminal conduct alleged to have occurred at a Library supported in whole or in part by public funds, the Library shall disclose to the law enforcement officer all records pertinent to the alleged criminal conduct that were produced by a surveillance device under the control of the Library.
- If the Library requests the assistance of a law enforcement officer, and the Library Director determines that records produced by a surveillance device under the control of the Library may assist the law enforcement officer to render the requested assistance, the Library may disclose the records to the law enforcement officer.
Illegal Activity Prohibited and Not Protected
Patrons may conduct only legal activity while using Library resources and services. Nothing in this policy prevents the Library from exercising its right to enforce its policies on patron behavior and conduct, protect its facilities, network and equipment from harm, or prevent the use of Library facilities and equipment for illegal purposes. The Library can electronically log activity to monitor its public computers and external access to its network and reserves the right to review such logs when a violation of law or Library policy is suspected. Staff is authorized to take immediate action to protect the security of Library patrons, staff, facilities, computers, the network, and the general public. This includes contacting law enforcement authorities and providing information that may identify the individual(s) suspected of a violation.
Enforcement and Redress
Patrons with questions, concerns, or complaints about the handling of their personally identifying information or this policy may file written comments with the Library Director. A response will be sent in a timely manner and the Library may conduct an investigation or review of practices and procedures. The Library conducts such reviews as necessary to ensure compliance with the principles outlined in this policy.
The Library will not make Library records available to any agency of state, federal, or local government unless a subpoena, warrant, court order, or other investigatory document is issued by a court of competent jurisdiction, showing good cause and in proper form, or unless the request complies with Wisconsin Public Records Law.
The Director is custodian of Library records and is authorized to receive or comply with public records requests or inquiries from law enforcement officers and the general public. The Director may delegate this authority to designated members of the Library’s management team. The Director may confer with the Municipal Attorney before determining the proper response to any request for records. Library staff is trained to refer any law enforcement inquiries to the Director.
[1] Qualifying third parties are: a collection agency or a law enforcement agency, but only if the dollar value of the individual’s delinquent account is at least $50.
[2] Patron records show current checkouts. When an item is returned, it is removed from the patron’s checkout list. However, patrons who sign up for the reading history service will have their checkout history saved instead of purged. Patrons must opt-in for their reading history to begin being stored. Only outreach patrons automatically have their history recorded. The user has the option to turn off the service and delete their reading history at any time. Titles of holds, overdue, or almost overdue materials are retained in the account for a period of 180 days.