American Library Association Code of Ethics,   Adopted by ALA Council, June 28, 1995:

As members of the American Library Association, we recognize the importance of codifying and making known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees and library staffs.

Ethical dilemmas occur when values are in conflict. The American Library Association Code of Ethics states the values to which we are committed, and embodies the ethical responsibilities of the profession in this changing information environment.

We significantly influence or control the selection, organization, preservation, and dissemination of information. In a political system grounded in an informed citizenry, we are members of a profession explicitly committed to intellectual freedom and the freedom of access to information. We have a special obligation to ensure the free flow of information and ideas to present and future generations.

The principles of this Code are expressed in broad statements to guide ethical decision making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.

I.   We provide the highest level of service to all library users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.

II.   We uphold the principles of intellectual freedom and resist all efforts to censor library resources.

III.   We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

IV.   We recognize and respect intellectual property rights.

V.   We treat co-workers and other colleagues with respect, fairness and good faith, and advocate conditions of employment that safeguard the rights and welfare of all employees of our institutions.

VI.   We do not advance private interests at the expense of library users, colleagues, or our employing institutions.

VII.   We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.

VIII.   We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of co-workers, and by fostering the aspirations of potential members of the profession.

The Library recognizes its responsibility to protect its patrons' intellectual freedoms by maintaining the confidentiality of all records and information concerning each patron and his or her use of Library materials, facilities and services. The Illinois Library Records Confidentiality Act [75 ILCS 70/1] confirms this duty with respect to Library registration and circulation records.

All patron-identifiable information is strictly confidential. This includes all records, files, computers and electronic media that might contain such information.

Patron-identifiable information refers to a wide range of information kept by the Library, but most importantly includes any information that links a patron to use of particular Library materials or services, or the patron's choices, taste, interest, or research. More broadly, patron-identifiable information is any information which:

• refers to a patron by any identifiable characteristic (e.g., by name, address, telephone or other contact numbers, e-mail address, identifying numbers such as patron number, license number or social security number, or by employment information); or
  
  
• provides, or could be used to determine, any information about a patron's library use. This means all types of registration and circulation records and anything that contains registration and circulation records, including computers, computer components, disks and other electronic storage media, e-mail, temporary Internet files stored in a computer, computer sign-up sheets or other facility-use logs, interlibrary loan requests and records, patron requests to reserve, recall or obtain certain materials, reference librarian notes pertaining to patron requests or assistance, and correspondence with patrons; in addition, records which do not include a patron's name, but refer to some other identifiable characteristic, such as the patron's library card number, are patron-identifiable.

Any staff member who is unsure whether certain information is patron-identifiable or whether a certain record or thing could contain patron-identifiable information should contact the Library Director, or the Privacy Officer if the Library Director is not immediately available.

Confidentiality of patron-identifiable information is protected by the following policies:

1.   Staff members

Staff should not permit anyone access to, or a view of, any non-public computers, files, or records which might contain patron-identifiable information. Staff will not disclose any patron-identifiable information about any patron to the public, the press, or to any government agency, except under the following circumstances:
a)   A patron may have access to any records the Library holds about him or her, if the patron presents his or her library card in person.

b)   A minor's parent or legal guardian may have access to any records the Library holds about the minor, if the minor's or the parent's library card is presented in person.

c)   A caller who provides his/her name and correlating library card number can receive only the following information:


• the reserve-queue status of particular items;
• the title or subject of a requested item when it becomes available for pick up; and
• titles of items currently checked out or on hold on the record;

d)   A law enforcement officer requests the following information:

• The name and description, if personally known to the staff member, of any person who has committed, is committing, or threatens to commit a crime affecting Library staff or members of the Board of Trustees, Library patrons or users, or Library property; and
• to the extent the staff member is a witness to such a crime, any other information relevant to the crime that is personally known by the staff member.

When contacting a patron, patron-identifiable information (such as the title or subject of a requested item available to be picked up) may not be left on an answering machine, voice mail or e-mail to the patron, unless e-mail is specifically designated by the patron in writing as being the notification method of choice. The Library cannot be responsible to maintain confidentiality in the notification process if these methods are selected by the patron.

The Library Director or Privacy Officer should be contacted immediately if a staff member:

• is approached with or learns of any subpoena, court order, warrant or other legal process directed to the Library or relating to Library property; or
• receives requests for patron-identifiable information other than from that patron; or
• learns that certain patron-identifiable information may pertain to a crime (e.g., finding child pornography on a computer); or
• believes any patron-identifiable information has been improperly disclosed or may be at risk of being improperly disclosed; or
• has any questions about the Privacy Policy.

The Library must carefully evaluate each investigatory request, with legal guidance from an attorney where possible. The determination to comply or refuse an investigatory request will depend on many details, including information from the requesting officer or agency, a review of the officer's credentials and investigatory documents, and the law. The Library may seek relief from the courts in some cases where the request is not supported by the proper legal authority.

Librarian-in-Charge in relation to confidentiality and privacy issues -- Privacy Officer:

For these reasons, the number of people authorized to handle government officers' investigatory requests about Library patrons and users must be limited. Therefore, the Library Director designates certain staff members to have special authority with respect to confidentiality and privacy issues. The person to contact in matters relating to confidentiality and privacy issues is always the Library Director when s/he is in the building; at all other times, the person to deal with the law enforcement request is the designated Privacy Officer, as indicated by the list below. The Privacy Officer must be thoroughly familiar with the Library's policies and procedures and its constitutional duties and mission, as well as the general requirements of applicable laws.

Definition:

The Privacy Officer is the first person in the list below who is in the building:

• Library Director
• Assistant Directors
• Head of Reference Services
• Head of Youth Services
• Head of Technical Services
• Senior Reference Librarian on duty

1.    Staff members

a)   Staff members, with the exception of the Library Director and the Privacy Officer, are not authorized to accept any subpoenas, warrants, court orders and other investigatory documents directed to the Morton Grove Public Library or pertaining to Library property.

b)   All staff members are authorized to provide the following information to law enforcement officers:

• the name and description, if personally known to the staff member, of any person who has committed, is committing, or threatens to commit a crime; and
• to the extent the staff member is a witness to such a crime, any other information relevant to the crime that is personally known by the staff member.
c)   In all other situations, staff must immediately contact the Library Director and/or the Privacy Officer when approached by a law-enforcement or other government officer seeking patron information. Staff members are required to know the location of a privacy policy card (which should be kept in all departments), and are encouraged to present the card to any government officer, to indicate the Library's policy and to demonstrate that the staff member has every intention of being cooperative.

2.   The Board of Trustees, the Library Director, and the Privacy Officer

All other investigatory requests by government officers may only be handled by the Board of Trustees, the Library Director or the Privacy Officer. They also have authority to accept, deny, or comply with subpoenas, warrants, court orders and other investigatory documents directed to the Morton Grove Public Library or pertaining to Library property.

Privacy of personal information is an increasing concern of many Americans. Personal information about individuals has become a commodity, bought and sold by marketing concerns, as well as a tool of criminals who steal the identities of unwitting victims. Courts have found that certain law enforcement agencies have abused their powers to obtain personal information beyond their authority.

In an effort to minimize unreasonable intrusions and investigation of Library patrons, and in light of the Library's interest in preserving intellectual freedom and preventing self-censorship by patrons who fear that their interests may be misinterpreted or exploited, the Library has adopted the following procedures.

Record Keeping

1.   The Library maintains records in compliance with the laws of the State of Illinois.

2.   The Library will make all practicable efforts to retain records containing patron identifiable information only to the extent necessary to preserve Library or public property or to fulfill other core Library functions.

3.   Staff Responsibilities

a)   All staff members should review their own and their department's record keeping procedures to make them conform faithfully to this policy.

b)   Any staff member should contact the Assistant Directors if s/he has questions about this record keeping policy or believes any patron-identifiable information or record can be made to conform more faithfully to this policy.




Approved by the Morton Grove Public Library Board of Trustees, May 8, 2003