N.J.S.A.18A:73-43.2. Confidentiality of library users’ records
Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstance
a. The records are necessary for the proper operation of the library;
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpoena issued by a court or court order.
L. 1985, c. 172, § 2.
Employees of the Nutley Free Public Library who have access to the records of library users including their names, addresses, telephone numbers, e-mail addresses, barcode numbers, borrowing habits, material selections, research activities, interloan requests, reserve requests and any other information that might provide details regarding the use of the library and its affiliated libraries by such library users must hold the same in confidence and not discuss or disclose information to any other persons except as is necessary to provide library services.
Employees may provide confidential information to library users requesting such information about their own use, e.g., materials borrowed, reserved, renewed, requested or fines owed.
Employees should not discuss or disclose confidential information regarding library users with other library employees except for those who have a need to know such information to perform their work. “Other library employees” includes employees of other libraries who may be contacted regarding request of library users. In any such case discussion or disclosure under this paragraph should be limited only to such information as is necessary.
Employees must understand that the legal obligation to protect the confidentiality of library users remains in effect even after an employee has left the employ of the library.
Only the library director, the president of the board of trustees or the chairperson of the personnel committee of the board of trustees may answer requests for references regarding current or former employees. All requests for references must be in writing and directed to the office of the library director.
Only the library director or the president of the board of trustees may respond to requests from law enforcement agencies regarding confidential records of library users. Under New Jersey law, such disclosure is required pursuant to a subpoena issued by a court or court order. Other library employees receiving such requests or other inquiries shall direct them or persons making such requests or inquiries to the library director or, in the absence of the director, to a member of the board of trustees.
It is a violation of New Jersey law for a library employee to discuss or disclose confidential information about library users except as authorized by N.J.S.A. 18A:73-43.2. Unauthorized discussion or disclosure may lead to criminal charges and/or discipline up to and including discharge.
Employee Acknowledgment Form
I hereby acknowledge that I have read the “Confidential Information Policy” regarding disclosure of records and information regarding users of the Nutley Free Public Library, and that I understand the same.
I hereby agree to follow the provisions set forth in the “Confidential Information Policy” and understand that failure to do so may lead to criminal charges and/or discipline up to and including discharge.
Employee Signature Date
Director’s Signature Date
Adopted by the Board of Trustees
June 25, 2002