BILL ANALYSIS �
SB 445
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Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 445 (Simitian) - As Amended: March 21, 2011
SENATE VOTE : 34-0
SUBJECT : California Public Records Act: library record
SUMMARY : Clarifies that patron use records, as defined, of any
library which is in whole or in part supported by public funds
shall remain confidential, except as provided. Specifically,
this bill :
1) 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, as defined.
2) 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.
3) 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.
EXISTING LAW :
1) The California Public Records Act (CPRA) governs the
disclosure of governmental records to the public, upon request.
Generally, all public records are open to the public upon
request unless the record requested is exempt from public
disclosure.
2) Provides that registration and circulations records of any
library which is in whole or in part supported by public funds
shall remain confidential except to a person acting within the
scope of his or her duties within the administration of the
library or to a person authorized in writing by the individual
to whom the records pertain.
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3) The U.S. Patriot Act authorizes disclosure of patron library
records to federal agencies upon a showing of suspicious
terrorist activities and the obtainments of appropriate court
order.
FISCAL EFFECT : This bill is keyed non-fiscal by Legislative
Counsel.
COMMENTS :
Background : The CPRA was signed in 1968 requiring disclosure of
information collected and maintained by public agencies. In
most cases, all public records are open to the public, unless
the record is exempt from public disclosure. Although there is
no general right to privacy articulated in the CPRA, the
legislature has crafted a number of exemptions to recognize an
individual right to privacy. One of these exemptions includes
library circulation records kept for the purpose of identifying
the borrowers of items available in libraries.
In response to the September 11, 2001 terrorist attacks,
Congress enacted the USA Patriot Act to expand law enforcement's
surveillance and investigative powers of information relevant to
terrorist activities. Under the Patriot Act, library records
are subject to disclosure to federal agencies upon the suspicion
of terrorist activities and the issuance of an appropriate court
order. California law currently preserves this exception to
confidentiality, as library records are subject to disclosure
with the issuance of the appropriate court order. This measure
upholds current law as it pertains to law enforcement's access
to library records.
According to the California Library Association (CLA) website,
over one million Californian's visit a library every day. In
addition to access to books, magazines, movies, etc., libraries
provide free access to computers and the internet. CLA states,
that on a typical day, California's libraries provide free
access to public computers to more than 169,000 people. A recent
study titled, "Opportunity for All: How the American Public
Benefits from Internet Access at U.S. Libraries," found that
almost all public libraries offer visitors access to the
internet and all people regardless of age, income, race, and
levels of education go to the library for internet access. The
same study found that people use computers in libraries to find
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work, apply to college, secure government benefits, connect with
family and friends, manage bank accounts, and apply for permits,
among other life-changing and routine tasks.
Purpose of the bill : According to the author, this bill updates
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
internet, as a result the terminology is dated and only
encompasses hard copy library books and periodicals.
In Support : CLA writes in support of the bill stating that
because most libraries now use an electronic means of capturing
data relative to library patrons and their borrowing, it is
important to update the law to acknowledge these new
technologies in order to keep valuable personal information.
CLA further believes that unless there is a change, the 21st
century ways of communicating with a library and accessing its
materials would not be covered. This measure is a good consumer
protection measure and also, importantly, preserves current law
as it pertains to law enforcement's access to library records.
Conversely, the Privacy Rights Clearinghouse writes in support
of the bill claiming that with the public's increased use of
electronic library resources, libraries are increasingly
utilizing third parties to store and maintain electronic library
records. SB 445 would update current library laws to reflect
the realities of the digital age. As Californians increasingly
turn to electronic services, it is essential to safeguard
reader's browsing, buying, and viewing information by mirroring
the strong privacy standards already contained in California law
for traditional library reading materials.
Prior Legislation : AB 4280 (O'Connell), Chapter 164, Statutes
of 1986. Clarifies the security provisions by which library
records could be accessed, such as by order of the appropriate
superior court.
AB 604 (Roberti), Chapter 519, Statutes of 1980. Provides that
library circulation records that are kept for the purpose of
identifying the borrower be exempt from disclosure requirements
under the CPRA.
REGISTERED SUPPORT / OPPOSITION :
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Support
American Civil Liberties Union
California Association of Library Trustees and Commissioners
California Library Association
Privacy Rights Clearinghouse
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531