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An Act To Amend the Laws Governing the Confidentiality of Library Records
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 27 MRSA §121, as amended by PL 2013, c. 82, §12, is repealed and the following enacted in its place:
§ 121. Confidentiality of library records
 
1.  Confidentiality.     A record maintained by any public library, as defined in section 110, subsection 10, the Maine State Library, the Law and Legislative Reference Library or a library of the University of Maine System, the Maine Community College System or the Maine Maritime Academy is confidential if the record contains:
 
A.  A library patron’s personally identifying information, including but not limited to the library patron's name, address, phone number and e-mail address; or
 
B.  Information that identifies a library patron as having requested, obtained or used books or other materials in any medium at the library or provided by the library.
 
2.  Permitted release.     A record designated confidential by subsection 1 may be released only with the express written permission of the library patron involved; to officers, employees, volunteers and agents of the library to the extent necessary for library administrative purposes; or as the result of a court order.
 
3.  Public record.     A library may publish and release as a public record aggregated and statistical information pertaining to library patronage, circulation activities and use of any service or consultation the library provides as long as the release of the information does not jeopardize the confidentiality of a library patron's personally identifying information.
 
SUMMARY
Current law designates as confidential library records that identify the books or materials a patron uses at a public library, the Maine State Library, the Law and Legislative Reference Library and the libraries of the University of Maine System, the Maine Community College System and the Maine Maritime Academy. This bill retains that designation of confidentiality and also designates as confidential personally identifying information about the library patron. The bill also retains the provision that the confidential information may be released with the written permission of the library patron or pursuant to a court order but adds language permitting the confidential information to be released to officers, employees, volunteers and agents of the library for administrative purposes. The bill clarifies that a library may publish and release as a public record aggregated and statistical information about library use if the confidentiality of a library patron's personally identifying information is not jeopardized.