Has the PATRIOT Act overturned all state laws on privacy?
No, the state privacy laws regarding privacy in libraries are still in force, including laws protecting the confidentiality of library records. However, as federal laws, the provisions of the Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the statute authorizing National Security Letters can supersede state privacy laws. It is important to remember, however, that state and local law enforcement agencies remain subject to state library confidentiality laws and other laws protecting privacy, and that even the FBI is still required to present a form of judicial process (court order or subpoena) before information can be turned over to the agency. Libraries should consult with their legal counsel to determine precisely under what circumstances their state’s library confidentiality law permits the release of user information.
