Library Confidentiality Act Overview
| Site: | MSL Learn |
| Course: | Montana Library Law |
| Book: | Library Confidentiality Act Overview |
| Printed by: | Guest user |
| Date: | Friday, April 4, 2025, 11:01 AM |
Constitutional Rights
Montana’s Constitution includes a clause about an individual’s right to privacy. Section 10 within the declaration of rights says, “The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.”
The framers of the Constitution wanted to preserve Montanan’s privacy. They wanted to protect people’s information.Subsequent legislators have introduced legislation to continue this practice of giving people privacy. This covers healthcare, education, and unnecessary intrusion by the government into people’s lives.
What does the Library Records’ Confidentiality Act say?
Title 22, Chapter 1, Part 11 covers library records. In the spirit of the right to privacy, the gist of the law is found in MCA 22-1-1103 and states that “No person may release or disclose a library record or portion of a library record to any person...”
In other words what a person reads, views, and any library records about that person are protected.
The idea being that people’s access to information may be impeded if others can find out what that person is reading.
Exceptions
There are three circumstances in which a library may release information. The library may release information if
- The person gives written permission for the library to release the information OR
- A court issues an order directing the library to release the information (subpoena or search warrant) OR
- to retrieve stolen or overdue items.
Can the library reveal whether someone has been in the library?
This is an interesting question that comes up frequently.
Libraries are public places. It’s best to seek the advice of a lawyer but in general how someone uses the library is protected.
Whether they are in the library isn’t as protected because it is a public space where members of the public see each other.