Lawyers for Libraries update in 2003

The State Library of Iowa offered a legal update for libraries in June 2003 (I just stumbled upon it), based on the Lawyers for Libraries training offered by the American Library Association.  It covers privacy, warrants, liability, public forum and free speech issues.  It's in outline form, and gives relevant case citations. 

Comments

[mary]

I didn't follow legislative history, but it seems to me the meaning changes depending on how you look at the OR.

Meaning one: Records may be disclosed To a custodial parent or legal guardian who has access to a minor's library card OR THE LIBRARY MAY GIVE its authorization number for the purpose of accessing by electronic means library records of the minor.

Meaning two: Records may be disclosed To a custodial parent or legal guardian who has access to a minor's library card OR WHO HAS ACCESS TO its authorization number for the purpose of accessing by electronic means library records of the minor.

To me, it makes more sense to read it as #1. Is there a Colorado reader who has further guidance on this?

[Diane Levin]

Speaking of legal updates, Colorado has amended its patron privacy statute to state that records may be disclosed "To a custodial parent or legal guardian who has access to a minor's library card or its authorization number for the purpose of accessing by electronic means library records of the minor." CRS 24-90-119(2)(d) Does anybody have any ideas as to what the legislature could mean? The statute was previously silent on the question of disclosure of a minor's records. Now its seems clear that a custodial parent who has his or her child's card number can get the informaton online. But what about getting the same information from the staff? Is the Colorado legislature reaaly putting the staff of Colorado's libraries in the position of telling parents "I have the information that you are asking for but I can't tell you but you can go find a computer and find out the information."?