Russell D. Cole Library supports the concept of intellectual freedom and the right of each citizen, regardless of age, to free access to information without fear of intimidation.
In accordance with Iowa Code 22.7 regarding library records, the circulation records of patrons remain confidential unless the library is presented with a court order. The court order must indicate that this information is needed for the investigation of a particular person or an organization and may only be issued after a judge has determined if the connection between the case and the record makes it cogent and compelling that the information is released.
Confidential library records should not be released or made available in any format to a federal agent, law enforcement officer, or other person unless a court order in proper form has been entered by a court of competent jurisdiction. The College Librarian/Director of the Library is designated as the custodian of all library circulation records, and requests for access to such records must be made to him/her or his/her designee.
Library Procedures Affecting Confidentiality
With respect to the patron’s right to confidentiality, Cole Library strives to:
- Avoid collecting unnecessary patron information
- Avoid retaining records that are not needed for efficient operation of the library within the realm of the library’s control, i.e., the library’s automation system imposes constraints. Cole Library cannot govern how other libraries participating in resource-sharing manage patron information.
- Be aware of and minimize library practices and procedures that place information on public view, e.g., the use of postcards for overdue notices or requested materials, sign-in sheets to use computers or other devices, and the provision of titles of reserve requests or interlibrary loans provided over the telephone to users’ family members or answering machines.
- Provide confidentiality annual training to all student employees working in the Circulation Department.
Recommended Procedures for Law Enforcement Visits
During a visit:
- Staff should immediately ask for identification when approached by an agent or officer, and then immediately refer the agent or officer to the College Librarian or, in his/her absence, to his/her designee.
- The College Librarian will meet with the agent with legal counsel, or another colleague in attendance.
- If the agent or officer does not have a court order compelling the production of records, the College Librarian will explain the library’s confidentiality policy and the state’s confidentiality law, and inform the agent or officer that users’ records are not available except when a proper court order has been presented to the library.
- If the agent or officer presents a court order, the College Librarian should immediately refer the court order to the College’s legal counsel or the City Attorney, as appropriate, for review.
If the court order is in the form of a subpoena:
- Counsel should examine the subpoena for any legal defect. If a defect exists, counsel will advise on the best method to resist the subpoena.
- Legal counsel will insist that any defect be cured before records are released and that the subpoena is strictly limited to require release of specifically identified records or documents.
- Legal counsel will require that the agent, officer, or party requesting the information submit a new subpoena in good form and without defects.
- The librarian will review the information that may be produced in response to the subpoena before releasing the information and follow the subpoena strictly and will not provide any information that is not specifically requested in it.
- If disclosure is required, legal counsel will ask that the court enter a protective order keeping the information confidential and limiting its use to the particular case and that access be restricted to those persons working directly on the case. In addition, legal counsel and/or the librarian will ask for an inventory of items taken.
If the court order is in the form of a search warrant:
- A search warrant is executable immediately, unlike a subpoena. The agent or officer may begin a search of library records as soon as the library is served with the court’s order.
- Legal counsel should examine the search warrant as soon as is practical and assure that the search conforms to the terms of the search warrant.
- The library staff will cooperate with the search. It is the library’s intent insofar as possible to ensure that only the records identified in the warrant are produced and that no other users’ records are viewed or scanned. The systems librarian will offer consultation as needed. In addition, legal counsel and/or the librarian will ask for an inventory of items taken.
If a search warrant is issued under the Foreign Intelligence Surveillance Act (FISA). The USA PATRIOT Act overrides state library confidentiality laws protecting library records and the library will comply with it.
- Under the USA Patriot Act, this warrant also contains a “gag order.” No person or institution served with such a warrant can disclose that the warrant has been served or that records have been produced pursuant to the warrant.
- The library and its staff must comply with this order. No information can be disclosed to any other party, including the patron whose records are the subject of the search warrant.
- The gag order does not change a library’s right to legal representation. The library can still seek legal advice concerning the warrant and request that legal counsel be present during the actual search and execution of the warrant.
Recommended Procedures for Immigration Enforcement Visits
- U.S. Immigration and Customs Enforcement (ICE) is a law enforcement agency that must operate in accordance with the Constitution, the Bill of Rights, and the laws of the United States. 8 U.S. Code § 1357 defines the powers of immigration officers and employees. The statute grants ICE agents the right to interrogate aliens, or persons believed to be aliens, about their right to be or to remain in the United States, without the requirement of a warrant. It also authorizes immigration officers to arrest any person in the United States when there is “reason to believe” the person is present in the United States in violation of federal immigration law.
- ICE agents can employ two different types of warrants in the course of their duties. One type of warrant is issued pursuant to the Immigration and Nationality Act (INA) and is signed or issued by an ICE official or agent. These are called administrative warrants. Because they are not reviewed or issued by a court of law, administrative warrants do not authorize ICE agents to enter residences or non-public areas of a business without express consent.
- ICE may also pursue court-issued subpoenas or warrants that are issued by a judge or neutral magistrate. Such warrants have the same force and effect as any other court-issued warrant.
- ICE agents may enter places open to the public and question persons present in public places and conduct inquiries in accordance with their statutory powers under 8 U.S. Code § 1357.
- When ICE agents make inquiries about library patrons, state laws and library policies concerning the privacy and confidentiality of library patron records still apply, including any requirement that a law enforcement agent present a court-issued subpoena, court order, or warrant to obtain patron information.
- If an ICE agent shows up without any court-issued warrant and does not assert a statutory authority to act in the absence of a warrant (see 8 U.S. Code § 1357 ) generally there is no legal obligation to turn over any information or records.
- Exception: All employers, including libraries, must comply with the federal law requiring employers to verify the identity and employment authorization of each person they hire, including the requirement that the employer retain a Form I-9, Employment Eligibility Verification, for each employee. ICE agents may ask to inspect an employer’s I-9 forms without a subpoena or court order. Libraries that receive such a request should notify their legal counsel and ask for assistance while allowing the agent to inspect the I-9 forms in accordance with the library’s HR policies and guidance from their legal counsel.
After the visit:
- The College Librarian will review the court order with legal counsel to ensure that the library complies with any remaining requirements, including restrictions on sharing information with others.
- The College Librarian and involved library staff will review library policies and staff response and make any necessary revisions in light of experience.
Approved November 15, 2022