Does the patron confidentiality clause in the Mass General Laws offer any refuge?
Chapter 78: Section 7 of the General Laws says “that part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record”. Even before the Patriot Act, a subpoena from a Massachusetts Court would have required a public library to release records, though in some circumstances libraries may have been inclined to challenge the court order. A subpoena or search warrant under the Patriot Act specifically supersedes state confidentiality laws. The Act contains language to immunize librarians against civil suits if personal information is provided.
