AP3

APPENDIX 3

HENNEPIN COUNTY LIBRARY
Data Privacy and Public Service at HCL

Data Privacy at Reference Desks and over the phone

With their library card/barcode:

-In Person or over the phone-

Without their library card/barcode, but with patron ID # from date due slip or other ID (see definitions):
- In Person only (no "other ID" if over the phone) -

Verification: First, verify patron address in the patron record. (In Checkout, do patron name lookup using View command, or select patron name and do .M to see entire record.) Don't volunteer address; have the patron give the address.

Without their library card/barcode or other ID:
- In Person or over the phone -

Verification: First, verify patron address in the patron record. (In Checkout, do a patron name lookup using View command, or slelect patron name and do .M to see entire record.) Don't volunter address; have the patron give the address.

Data Privacy at Circulation Desks and over the phone

With their library card/barcode:
- In Person or over the phone --

Without their library card/barcode, but with patron ID # from date due slip or other ID:
- In Person --

Verification: First, verify patron address in the patron record. Don't volunteer address; have the patron give the address.

- Over the phone with patron ID # from date due slip --

Without their library card/barcode or other ID:
- In Person or over the phone --

Verification: First, verify patron address. Don't volunteer address; have the patron give the address.

Important notes and definitions

1.What does "verification" mean?

The primary means of ID to get Library service is the patron card or barcode. Lacking that, patron address is used to help ensure the patron being served really is the card-holder. When patrons present "other ID," or no ID, they should be asked to recite their address, so that staff can check it against the address in their Dynix patron record. The intent is to a) ensure we've picked the correct Dynix patron record, b) guard agains use of stolen cards (or other stolen ID), and c) avoid giving out private data incorrectly. Note: This verification is different from the prompt to confirm current address information that reference staff see each time they place a reserve. The intent of this prompt is to update incorrect address information.

2.What constitutes acceptable "other ID"?

The same ID that's accepted for registering a patron: drivers license, checkbook, or evidence of mail received at their current address. For data privacy purposes, student picture ID is acceptable "other ID".

3.Why the phrase "library card/barcode"?

Patron presentation of library cards or barcodes will continue to grow in importance as more automated library services require it (patrons will need their barcode to look up their own record on OPACs, for example, or to renew their own materials from home using touch-tone phones, etc.). Providing library service based on presentation of library card or barcode is necessary if Library staff are to continue to discuss private data with patrons over the phone.

4.Access to minors' records, without minor's card or ID

Unless children under age 18 have asked for and received approval for the Library to withhold private library data from their parents, parents by law have access to their minor children's library records.

  • Parents who present their own library card or other ID may have access to their minor children's private data, as though they had presented the minor's card or ID.

  • If the minor is absent, the parent or guardian should be asked the age of the minor before being given private data.
5."...unless patron or situation alerts you otherwise."

Patron presentation of a library card is the key to accessing private data on a patron's record, unless, as the HCL Data Privacy Report (1988, p.6) states, "the patron or situation alerts you otherwise." What this means is that even if the patron gives you a library card, you may not give the patron private data if the situation alerts you that the patron handing you the card is not the card owner.

  • Sometimes the patron will tell you. "This is my mother's card. What does she have on reserve?" (You may tell her the number of titles her mother has reserved (public data), but not the titles (private).)

  • Sometimes gender-related names will alert you: a male handing you a card that brings up a patron name of "Lois," for example. If you find the person in front of you is not Lois (and there's no indication that this is a stolen card), you may place reserves using the card, you may discuss the number of titles on reserve for the card, but you may not discuss the titles themselves. At the circulation desk, you may check out items on the card, but not discuss titles already checked out (or other private data).

  • Note: Sometimes the situation involves an HCL volunteer acting on behalf of an HCL patron, using a special patron card issued by Outreach. Verify this by checking the Dynix patron record (which notes in a Special Message the volunteer-patron relationship). Staff may discuss the private data of patrons with the volunteer serving them.
6.Patrons who are well known to agency staff members

This area has been and continues to be, of necessity, an agency option. In agencies where staff are familiar with many of their patrons, staff may [will?] give private data to patrons who are known to them, even though the patrons may not have their library card or other ID with them. In the largest agencies, this familiarity may be a luxury they cannot afford procedurally.

HCL Policy and the Minnesota Data Practices Act

HCL data privacy policy and procedures are based on the Minnesota Data Practices Act. Most recently amended in the 1996 legislative session, it states (in Article 1, Section 7, Subd. 2, PRIVATE DATA; LIBRARY BORROWERS).
(a) Except as provided in paragraph (b), the following data maintained by a library are private data on individuals and may not be disclosed [except to the subject of the data] for other than library purposes except pursuant to a court order:
1. data that link a library patron's name with materials requested or borrowed by the patron or that link a patronŐs name with a specific subject about which the patron has requested information or materials; or
2.data in applications for borrower cards, other than the name of the borrower.
(b) A library may release reserved materials to a family member or other person who resides with a library patron and who is picking up the material on behalf of the patron. A patron may request that reserved materials be released only to the patron.

At HCL, this translates to:

Private data: may be given only to the subject of the data (and, if a minor, the parents or guardians)
1. the titles of items on loan or overdue
2. the titles of items on reserve
Note: Except as provided in paragraph (b) above.
3. subjects about which a patron has requested information.
4. patron address, phone number, birthdate
Public data: available to anyone who requests it
1. number of overdues (e.g., Mr. Smith, your wife/father/grandfather has 3 items overdue)
2.fines and/or bills owed (amounts, not titles) (e.g., Mr. Smith, your wife owes $5.00 in fines)
3.number of items on reserve (e.g., Mr. Smith, your mother has reserved 12 titles)
4.patron last activity date (the last time the patron had activity on Dynix)
5.patron name

Data Privacy - Reserve Pickup by Patron Only

In August 1996 there was a change in the MN Data Practices Act and private data for Library borrowers.

MN Statutes Article 1, Section 7, Subd. 2,PRIVATE DATA; LIBRARY BORROWERS. The changes state, "A library may release reserved materials to a family member or other person who resides with a library patron and who is picking up the material on behalf of the patron. A patron may request that reserved materials be released only to the patron".

HCL has operated, without any difficulties, under the rationale of "implied consent" when allowing patrons to pick up reserves for each other. The change in the law only puts HCL more in compliance than previously with the exception of developing procedures to allow for a patron to request that reserved materials be released only to the patron. Procedures have been developed to accommodate that request and they follow below:

A patron requests that reserved materials be released only to the patron:
Staff should place a message in the patron record indicating that reserves are to picked up by the patron only.

In the Phone 1 field, following the phone number, Type in the message "PICKUP BY PATRON ONLY" (use CAPS).

This message will display in two places,
1. In the patron name list next to the phone number.
2.On the workslip printed for an item that is on hold for the patron. The workslip message will alert staff that only the patron who requested the material is to pick up the material.
Verify that the person picking up the reserve is the requesting patron when you see "PICKUP BY PATRON ONLY" message on the reserve workslip. If the person picking up the reserve is not the name on the workslip, then do not give them the material.

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