BILL ANALYSIS �
SB 445
Page 1
SENATE THIRD READING
SB 445 (Simitian)
As Amended March 21, 2011
Majority vote
SENATE VOTE :34-0
GOVERNMENTAL ORGANIZATION 17-0
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|Ayes:|Hall, Nestande, Atkins, | | |
| |Block, Blumenfield, | | |
| |Chesbro, Cook, Galgiani, | | |
| |Garrick, Gatto, Hill, | | |
| |Jeffries, Ma, Perea, V. | | |
| |Manuel P�rez, Silva, | | |
| |Torres | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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)Governs under the California Public Records Act (CPRA), the
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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.
3)Authorizes under the U.S. Patriot Act (Patriot Act), the
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 the 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 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.
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According to the California Library Association (CLA) Web site,
over one million Californians 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
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 1980s 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 bill is a good consumer
protection measure and also, importantly, preserves current law
as it pertains to law enforcement's access to library records.
The Privacy Rights Clearinghouse also 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. This
bill 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
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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.
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531
FN: 0001365