Confidentiality of Records Policy

Printable Version of Confidentiality of Records Policy

Privacy with respect to information sought or received and materials consulted or borrowed is a fundamental right for library users. The Library recognizes that these patron records and other information that identifies a person as having used the library are confidential and are not subject to disclosure. Such records shall not be made available except pursuant to a valid subpoena, order or warrant.

I. As outlined by Colorado Revised Statutes 24-90-119 (Privacy of User Records)

  1. Except as set forth in subsection (2) of this section, the library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.
  2. Records may be disclosed in the following instances:
    1. When necessary for the reasonable operation of the library;
    2. Upon written consent of the user;
    3. Pursuant to subpoena, upon court order, or where otherwise required by law;
    4. To a custodial parent of legal guardian who has access to a minor’s library card or its authorization number for the purpose of accessing by electronic means library records of the minor.
  3. Any library official, employee, or volunteer who discloses information in violation of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300).
  4. A written request for reconsideration of a library resource made at the library pursuant to section 24-90-122 (3) is not a library user record as described in subsection (1) of this section. 

This policy shall not prevent the library from pursuing the return of, or payment of, overdue library materials. The library staff is to use their best judgment in determining whether disclosing information about usage or records is necessary for the reasonable operation of the library.

II. As outlined by Colorado Revised Statues 24-74-103

  1. A  library employee shall not disclose, or make accessible, personal identifying information that is not otherwise publicly available for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws unless the information is necessary to comply with library duties, or as required to comply with a court issued subpoena, warrant or order.
  2. Library employees shall not inquire into, or request documentation to ascertain, a person’s immigration status for the purpose of identifying if the person has complied with federal immigration laws, except as required by state or federal law or as needed to perform library duties. More specifically, the library and employees thereof, shall not collect the following:
    1. Place of birth
    2. Immigration or citizenship status; or
    3. Information from passports, permanent resident cards, alien registration cards, or employment authorization documents.

The only exception that the statute provides is when collecting the above information as necessary to perform library duties, or to verify a person’s eligibility for a government funded program if verification is a necessary condition of government funding or participation.

The above restrictions will not interfere with investigations or proceedings that are authorized by judicial process, or restrict a library employee from fully investigating, participating in, cooperating with, or assisting federal law enforcement agencies in criminal investigations.

Furthermore, the release of records pursuant to the consent of the patron or the patron’s parent or legal guardian through a valid release of information does not violate this policy .

Inquiries from Law Enforcement Officials

During a visit:

  1. All library staff should understand that it is lawful to refer the agent or officer to an administrator in charge of the library, and that they do not need to respond immediately to any request.
  2. If anyone approaches a staff member alleging to be a law enforcement official requesting information, DO NOT DISCLOSE ANY INFORMATION.
  3. Ask for identification and then immediately refer the agent or officer to the Library Manager. Photocopy identification or take a business card. Request the first and last name of the lead officer, their employer, badge number, and a copy of the subpoena, warrant, or order issued by a federal judge. 

Inquiry from Law Enforcement Officer or Agent without a Court Order:

  1. Without a court order, the agent or officer does not have the authority to compel cooperation with an investigation.
  2. Direct the law enforcement officer or agent to the Manager.
  3. The Manager will explain the library’s confidentiality policy and the state’s confidentiality law.

Law Enforcement Officer or Agent Presents a Subpoena:

  1. Direct the law enforcement officer or agent to the Manager.
  2. The Manager will ask the City Attorney to examine the subpoena for any legal defect, including the manner in which it was served on the library, the breadth of the request, its form, or an insufficient showing of good cause made to a court.
  3. Library staff will follow the subpoena strictly so that only information that is specifically requested is provided.

Law Enforcement Officer or Agent Presents a Search Warrant:

  1. Direct the law enforcement officer or agent to the Manager.
  2. The search warrant is “executable immediately” which means the agent or officer may begin a search of library records as soon as the Manager is served with the court’s order.
  3. The Manager will ask to have the City Attorney present before the search begins to allow the City Attorney to examine the search warrant and to assure that the search conforms to the terms of the search warrant.
  4. The law enforcement officer does not have to agree to the presence of the City Attorney.
  5. Library staff will cooperate with the search to ensure that only records identified in the warrant are produced and that no other users’ records are viewed.

Law Enforcement Officer or Agent Presents a Subpoena or a Search Warrant Issued Under the Foreign Intelligence Surveillance Act (FISA) (USA Patriot Act amendment):

  1. Follow the same procedures listed under presentation of a regular subpoena or search warrant. However, subpoenas and search warrants issued by a FISA court also contain a “gag order”. This means that no staff member or institution can disclose that the warrant was served or that records have been produced pursuant to the warrant. The library and its staff must comply with this order.
  2. If it is a FISA subpoena, then the FISA judge is supposed to fix a “time to respond”, which may be a period of days or may be immediately.
  3. FISA warrants are executable immediately. No information can be disclosed to any other party including the patron whose records are the subject of the search.
  4. The gag order does not change a library’s right to legal representation during the search. The library can still seek legal advice concerning the court order and request that the City Attorney be present during the actual search and execution of the court order.

If the order is a National Security Letter (NSL) issued under Section 505 of the USA Patriot Act:

  1. The procedures for a regular subpoena still apply. However, like a FISA order, an NSL also contains a gag order. The gag order does not prevent consultation with legal counsel.
  2. The Manager can still request that the City Attorney be present during the search.

Immigration-related inquiries

  1. The library will comply with federal immigration authorities’ request for information and release records or provide access when authorities can provide at least one of the following:
    1. A subpoena issued by a federal judge or federal magistrate.
    2. An order issued by a federal judge or federal magistrate.
    3. A warrant issued by a federal judge or federal magistrate.
  2. If a federal immigration authority is unable to present any of the above requirements, then the request for information or access will be denied.
  3. Any time a federal immigration authority requests information on or access to a library patron, the library will, within 48 hours, deliver a copy of the subpoena, warrant, or order, if any, presented by the immigration authority, as well as the name and badge number of the officer making the request, whether or not it was accompanied by a subpoena, warrant or order, to the patron, or the patron's parent or guardian, if a minor, by emailing it or by placing it in the U.S. Mail at the email or mailing address on file with the library.

Approved by Library Board
November 17, 2025