Confidentiality of Library Records

The policy of the Kearney Public Library is to ensure the privacy of the users of its services and to consider any library records to be confidential in nature.

Section 84-712.05.  Records which may be withheld from the public; enumerated. The following records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting, or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records: . . . (13) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services; 

In summary, the Kearney Public Library and staff may not disclose information about a cardholder’s record or use of the library to anyone other than the cardholder; except by court order or written permission from the cardholder. Persistent requests for this type of information should be directed to the library director or assistant director.

Library records are for the sole purpose of protecting public property and are not to be used, directly or indirectly, to identify the types of materials used by individual library patrons. Under no circumstances will the library staff answer to a third party about what a patron of the library is reading or the kind of information requested, from the library's collection.

From the American Library Association, “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 after a showing of good cause by the law enforcement agency or person seeking the records.” The library director and/or his/her designee will seek legal counsel from the city attorney’s office in the event of such request for the release of library records and will respond to the request according to advice of counsel.

The library director will resist the issuance or enforcement of any such process, order, or subpoena until a proper showing of good cause is made in a court of competent jurisdiction. Moreover, any cost incurred by the library in any search through patron records, even under court order, will be chargeable to the agency demanding such search.

When a library staff member contacts a patron via telephone regarding overdue materials or materials requested by an individual, the staff member will not leave specific item information with a third party or on an answering machine. Specific item information will be shared only with the person requesting the material.

Parent or guardian access to confidential information of a minor cardholder is restricted to information related to the payment of overdue fines or lost or damaged materials.