Changes to Illinois Library Records Confidentiality Act

With the New Year comes a significant change to the Illinois statute that requires law enforcement to obtain a court order to gain access to library patron information. Public Act 95-0040 amends the Illinois Library Records Confidentiality Act (75 ILCS 5/1-7, 75 ILCS 70/1, 75 ILCS 70/2) to release of patron registration information if all of the following conditions are met.

1. That a sworn law enforcement officer states that an emergency situation exists and that it is impractical to obtain a court order.

2. There is probable cause to believe that there is imminent danger that someone will be physically harmed.

3. That only information identifying a suspect, witness, or victim of a crime is requested; and

4. The information does not include any registration or circulation records that would indicate materials borrowed, resources reviewed, or services used at the library.

The library may require the requesting officer(s) to sign a statement acknowledging receipt of the information and the library may later seek review of the request by a court.

A court order is still required for the release of information revealing materials borrowed, resources reviewed, or services used at the library.

The text of the Illinois Library Records Confidentiality Act (ILRCA)may be found here.

Wikipedea article that broadly discusses ILRCA is here.

ALA comments on privacy (mostly from patriot act) are here.

ILA background article in pdf, from which much of my comments are derived, here.

Text of other States library confidentiality laws, from library-privacy wikispaces.

and

Text of amendment to ILRCA can be found at this site.