Confidentiality

The Wright State University Libraries comply with the following:
Ohio's Patron Confidentiality Law
A BILL

To enact section 149.432 of the Revised Code to
provide that library records and patron
information are confidential except if the
parent, guardian, or custodian of a minor child
requests a library record or patron information
pertaining to that child and in certain other
situations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

SECTION 1. That section 149.432 of the Revised Code be
enacted to read as follows:

Sec. 149.432. (A) AS USED IN THIS SECTION:
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(1) "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC,
INCLUDING ANY OF THE FOLLOWING:
(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER
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SECTION 715.13 OF THE REVISED CODE;
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(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED
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UNDER CHAPTER 3375. OF THE REVISED CODE;
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(c) A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC
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OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL
INSTITUTION;
(d) A LIBRARY THAT IS CREATED AND MAINTAINED BY A
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HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION,
OR SOCIETY.
"LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND
THE EMPLOYEES OF A LIBRARY.
(2) "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS
MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING
TYPES OF INFORMATION:
(a) INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO
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PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW
MATERIALS;
(b) INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING
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REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A
PARTICULAR SUBJECT;
(c) INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO
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ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR
PROVIDE INFORMATION ON A PARTICULAR SUBJECT.
"LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES
NOT
IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF
STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND
SERVICES.
(3) SUBJECT TO DIVISION (B)(5) OF THIS SECTION, "PATRON
INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN
INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY
LIBRARY MATERIALS.
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION
3517.106
OF THE REVISED CODE.
(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR
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DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING
SITUATIONS:
(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING
TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S
PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT
RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR
CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF
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THE REVISED CODE.
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(2) LIBRARY RECORDS OR PATRON INFORMATION SHALL BE
RELEASED IN THE FOLLOWING SITUATIONS:
(a) IN ACCORDANCE WITH A SUBPOENA, SEARCH WARRANT, OR
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OTHER COURT ORDER;
(b) TO A LAW ENFORCEMENT OFFICER WHO IS ACTING IN THE
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SCOPE OF THE OFFICER'S LAW ENFORCEMENT DUTIES AND WHO IS
INVESTIGATING A MATTER INVOLVING PUBLIC SAFETY IN EXIGENT
CIRCUMSTANCES.
(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE
RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL
WHO IS THE SUBJECT OF THE RECORD OR INFORMATION.
(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE
LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A
SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER
OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER,
COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF
FINES AND PENALTIES.
(5) A LIBRARY MAY RELEASE UNDER DIVISION (B) OF SECTION
149.43 OF THE REVISED CODE RECORDS THAT DOCUMENT IMPROPER USE OF
THE INTERNET AT THE LIBRARY SO LONG AS ANY PATRON INFORMATION IS
REMOVED FROM THOSE RECORDS. AS USED IN DIVISION (B)(5) OF THIS
SECTION, "PATRON INFORMATION" DOES NOT INCLUDE INFORMATION ABOUT
THE AGE OR GENDER OF AN INDIVIDUAL.

Passed: May 02, 2000
Signed by Governor: July 6, 2000
Effective: October 5, 2000