What is the USA PATRIOT Act and how does it affect libraries?
USA PATRIOT is an acronym that stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism". This Act was passed on October 26, 2001, in the wake of the September 11th terrorist attacks. The purpose of the law is to expand the surveillance and investigation capabilities of federal law enforcement agencies. In particular, libraries are affected by "Access to Records Under the Foreign Intelligence Security Act (FISA)". Provisions of this law include, but are not limited to, the following:
Federal agents can obtain search warrants for library materials, equipment, or records, including records for circulation, Internet use, and patron registration.
Probable cause (grounds to suspect that a crime has been, or is being, committed) is not required.
Libraries and library staff served with a search warrant issued under FISA may not disclose that the search took place and that records or material were removed. Patrons cannot be told that their records were taken by the federal government.
It is important to know that this law overrides state confidentiality laws.
Since the law was passed, libraries have had an increase in requests from law enforcement for patron records and e-mails. What should librarians do? Follow the recommendations in the previous section: Create policies and procedures for staff to follow in handling requests from law enforcement agencies. Be sure all staff members understand the policies and are trained in the procedures. Evaluate your record keeping procedures for personally identifiable information and don't keep information that is unnecessary for operating your library.
Remember that a library may have to respond differently to each public records request, depending on who is making the request and how the request is made. It is recommended that libraries have a straightforward policy, reviewed by a lawyer, with these provisions:
The library will comply with all state and federal laws dealing with public records.
The library will establish a procedure for handling public records requests.
A staff person will be designated as the contact person for all public records requests. This person will be properly trained to handle requests.
Upon receiving a public records request, the designated staff person will immediately contact a lawyer and keep him or her informed throughout the process.
If your library does not yet have policies and procedures addressing public records requests, encourage your director or governing board to create appropriate policies and procedures. You may not be the person responsible for creating policies and procedures, but knowing about laws that can affect your job will be helpful to you in your work. Three web sites with more information about this act are listed below.
The American Library Association web site has timely information about this law and other privacy and confidentiality issues at http://www.ala.org/ala/issues/issuesadvocacy.htm.
The Special Libraries Association has a USA PATRIOT Act Portal on its web site. This Portal includes papers on the impact and analysis of the Act, links to other articles on the subject, and provides information on additional legislation and regulations.
The Government Documents Department of the Evergreen State College Library in Olympia, Washington, has a useful web site on USA PATRIOT Act.
Click the arrow below to continue to the next page
