[PL-Directors] Fwd: Fw: [PUBLIB] Wisconsin law forcing libraries report to parents

[Jim Scheppke]

This message from Diedre Conkling to the OLA Legislative Committee list 
is a good reminder that all Oregon public libraries should have a 
policy in place that addresses the disclosure of library circulation 
information to parents or legal guardians.

Remember that Oregon law only exempts library circulation and 
registration information from having to be disclosed as a public 
record.  The law does not prevent public libraries from setting their 
own policies about disclosure and non-disclosure.

The State Library requested advice about this from the Department of 
Justice in August of 1995.  Here is the question and the reply:

Q: If a child has his or her own library card, would this law [ORS 
192.503(22)] restrict the ability of a parent or guardian to obtain 
information about the books or materials that the child has checked out?

A: As stated above, the exemption under Senate Bill 157 [ORS 
192.502(22)] permits but does not prohibit a public library to withhold 
disclosure of information showing the use of specific library material 
by a named person.  Thus, a public library could adopt policies that 
limit disclosure of circulation records to the general public but 
permit disclosure to the parent or guardian of a child under age 18.

The best defense we have against new state laws that would impose a 
"top down" solution on local public libraries is for every local 
library to have policies in place that reflect the will of the local 
community.  This is true for filtering bills, and for bills such as the 
one introduced in Wisconsin.

If you would like a copy of the entire Letter of Advice from the 
Department of Justice please contact Val Vogt <val.t.vogt at state.or.us> 
and she can mail or fax you a copy. --> Jim


Begin forwarded message:

> From: "Diedre Conkling" <diedrec at charter.net>
> Date: Mon Nov 10, 2003  10:13:40 AM US/Pacific
> To: <legislativecommittee at olaweb.org>
> Subject: Fw: [PUBLIB] Wisconsin law forcing libraries report to parents
>
>
> I always think it is good to keep track of what is happening in other 
> states since those things often also show up in our legislature.  
> We've had some similar to this Wisconsin one before.
>
> ---------------
>
> From: Chris Rippel <chrisrippel at yahoo.com>
> Sender: publib at sunsite.berkeley.edu
> Subject: [PUBLIB] Wisconsin law forcing libraries report to parents
> Date: Sun, 9 Nov 2003 18:51:13 -0800 (PST)
> To: Multiple recipients of list <publib at sunsite.berkeley.edu>     The 
> following was on Publisher's Lunch.
>  Wisconsin Aims to Make Libraries Report to Parents The Wisconsin 
> state Assembly has given preliminary approval (and the state Senate 
> has already passed) a terrible piece of legislation that would force 
> libraries to provide parents with records of materials borrowed by 
> children 16 and under upon request. At least one representative, 
> Marlin Schneider, has used parliamentary rules to try and stop the 
> bill, saying "It's a major invasion of the right of privacy of 
> children," he said. "Children need to understand their rights are 
> protected, and if government won't protect their rights nobody will." 
> The state bar has opposed the bill, while the Department of Public 
> Instruction has simply recommended changing the age ceiling to 14. The 
> issue was first raised when a parent couldn’t find out the name of a 
> title that was overdue. Milwaukee Journal
> http://click.email-publisher.com/maabDr1aa1U8ka2wodyb/
>
> --------------
>
> Diedre Conkling
>
>    Lincoln County Library District
>    P.O. Box 2027, Newport, OR  97365
>    Phone & Fax:  (541) 265-3066
>    Work:  diedre at mail.crsn.lib.or.us
>    Home:  diedrec at charter.net
>
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