BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 445| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 445 Author: Simitian (D) Amended: 03/21/11 Vote: 21 SENATE JUDICIARY COMMITTEE : 3-0, 3/29/11 AYES: Evans, Blakeslee, Leno NO VOTE RECORDED: Harman, Corbett SUBJECT : California Public Records Act: library records SOURCE : Author DIGEST : This bill clarifies that written and electronic patron library records, as specified, are confidential and exempt from public disclosure, with certain exceptions. This bill defines patron use records to include any written or electronic records used to identify the patron in connection with the use of public library resources and materials. This bill also prohibits third parties maintaining library records from disclosing patron library information. ANALYSIS : Existing law, the California Public Records Act (CPRA), governs the disclosure of information collected and maintained by public agencies. (Government Code Section 6250 et seq.) Generally, all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Government Code Section 6254.) However, library circulation records CONTINUED SB 445 Page 2 kept for the purpose of identifying the borrower of library materials are exempt from disclosure under the CPRA. (Government Code Section 6254(j).) This exemption does not apply to records of fines imposed on the borrowers. (Id.) Existing law states that registration and circulation records of any public library shall remain confidential and shall not be disclosed to any person, local agency, or state agency except to a person acting within the scope of his/her duties within library administration, to a person with written authorization by the individual to whom the records pertain, or by appropriate court order. (Government Code Section 6267.) Existing federal law, the Patriot Act, authorizes disclosure of patron library records created using a library's electronic communication service, as defined, in special circumstances when authorities have reason to suspect a library patron of terrorist activity and upon judicial review. (18 U.S.C.S. Section 2709.) This bill clarifies that electronic or written patron use information and borrowing records are restricted from disclosure by public libraries and third parties that store or maintain such records on behalf of public libraries, with the same Government Code exceptions described above. This bill provides that written and electronic information provided by the library patron for the purpose of borrowing or using library materials and used to identify the library patron, including but not limited to, the patron's name, address, telephone number, or email address, is confidential. This bill defines patron use borrowing information or use of library resources to include database search records, borrowing records, class records, and any other personally identifiable uses of library resources information requests or inquiries. Background The CPRA, enacted in 1968, requires public disclosure of public agency documents. The Legislature, mindful of the CONTINUED SB 445 Page 3 right of personal privacy, carved out exemptions from disclosure for various public agency documents. In response to reports that names and addresses of police personnel were being gathered through library records, SB 604 (Roberti), Chapter 519, Statutes 1980, was enacted to provide an exemption to disclosure under the CPRA for library circulation records. In 1986, the Legislature enacted AB 4280 (O'Connell), Chapter 164, Statutes 1986, in which registration and circulation records of public libraries were recognized as private information in need of exemption from public disclosure. In 2001, after the September 11, 2001 attacks, Congress enacted the USA Patriot Act to provide for disclosure of information relevant to terrorist activities. The Patriot Act was amended in 2005 and recently extended to July 2011. Under the Patriot Act, library records are subject to disclosure to federal agencies upon a showing of suspicion of terroristic activities and issuance of appropriate court order. This exception to confidentiality exists under California law; library records are subject to disclosure pursuant to court order. A recent study of online access at public libraries reported that nearly one in three Americans age 14 or older (roughly 77 million people) used a public library computer or wireless network to access the Internet in 2009. (See Gates/IMLS/Univ of Washington Study: Opportunity for All: How the American Public Benefits from Internet Access at U.S. Libraries (March 2010) http://tascha.washington.edu/usimpact/ documents/OPP4ALL_FinalReport.pdf, p. 32.) Electronic library resources are increasingly used for education, employment searches, health information, government and legal resources, community engagement, financial management, and social connections. Due to the public's increased use of electronic library resources, libraries are increasingly utilizing third parties to store and maintain electronic library records. This bill clarifies that written or electronic patron use records, as defined, stored or maintained by public libraries or third parties on behalf of public libraries should not be publicly disclosed, with certain exceptions. CONTINUED SB 445 Page 4 FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/4/11) American Civil Liberties Union California Association of Library Trustees and Commissioners California Library Association ARGUMENTS IN SUPPORT : According to the author's office states that this bill updates the outdated law by changing the term "registration and circulation records" to "patron use records" in aims of including all online resources used by patrons at libraries. The term "registration and circulation" was written in the 1980's before the use of the ÝI]nternet (email, e-books, instant messaging, web searches etc.) ÝA]s a result the terminology is dated and only encompasses hard copy library books. In her professional work as a library law consultant, the constituent who submitted this idea has learned that online marketers asked Florida libraries for registration information, specifically to gather email addresses. In response the Oregon Legislature revised its laws to ensure that email addresses were protected. RJG:do 4/4/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED