NJLA Statement on Confidentiality of Library Records and e-content

New Jersey's confidentiality of library records law may not apply to electronic content.

Background Statement:

Libraries have a longstanding commitment to protecting the privacy of their customers. Records of physical books checked out are currently protected by law. However, in other categories of content such as electronic books and/or databases third party vendors may choose to collect and/or disclose information about users and use patterns (bookmarks, margin notes, etc.) of which libraries and users would be unaware.

Statute Text:

NJSA 18A:73-4.2
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 circumstances:

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, s. 2, eff. May 31, 1985

Adopted by the NJLA Executive Board Nov.  15, 2011