It is the policy of the Downers Grove Public Library, as well as State law under the Illinois Library Records Confidentiality Act, that all records of an individual’s use of the library are confidential. Records that are considered confidential include borrowing records, records of reference questions asked, and records of the use of library’s computers for Internet access.

However, library patrons should be aware that Section 215 of the U.S.A. Patriot Act gives Federal agents the ability to seek a secret search warrant to obtain access to library records. Under the Patriot Act an agent does not have to demonstrate “probable cause,” the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime. Instead, the agent only needs to claim that he or she believes that the records sought may be related to an ongoing investigation related to terrorism or intelligence activities. The Federal Act overrides state confidentiality laws.

The Patriot Act also prohibits libraries or librarians served with a search warrant issued under FISA (Foreign Intelligence Surveillance Act) rules from disclosing the existence of the warrant or the fact that records were produced as a result of the warrant, under penalty of law. Patrons cannot be informed that their records were given to the FBI or that they are the subject of an FBI investigation.

The Downers Grove Public Library works hard to protect the privacy of our patrons. We have reviewed all of the records of an individual’s use of library materials and resources that we create. We want to assure library patrons that we only retain records that are essential to conducting the library’s business, and that those records are retained only as long as necessary to complete our business. For example, the record of materials that a patron borrows is removed from the computer system when the material is returned and any fines accrued on a particular item are paid. We do not maintain a history of materials that a patron has checked out in the past. Records of computer use are only retained long enough to tabulate usage statistics.