BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 445|
|Office of Senate Floor Analyses | |
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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
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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
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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.
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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 �I]nternet (email, e-books, instant messaging, web
searches etc.) �A]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
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