University of Delaware Library

Confidentiality of Library Records


The following resolution was unanimously passed at the March 7, 1983 meeting of the University Faculty Senate giving support for the confidentiality of library records:

BE IT RESOLVED that the Faculty Senate recommends that the Vice Provost for Libraries:

  1. Formally adopt a policy which specifically recognizes library circulation records and other records identifying the names of library users to be confidential in nature.
  2. Advise all librarians and library employees that such records shall not be made available except pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state or local law relating to civil, criminal, or administrative discovery procedure or legislative investigatory power.
  3. Resist the issuance of enforcement of any such process, order or subpoena until such time as a proper showing of good cause has been made in a court of competent juristiction.1
Approved by University Faculty Senate
March 7, 1983

1 Point 3, above, means that upon receipt of such process, order or subpoena, the Vice Provost for Libraries will consult with legal counsel to determine if such process, order, or subpoena is in proper form and if there is a showing of good cause for its issuance; if the process, order, or subpoena is not in proper form or if good cause has not been shown, they will insist that such defects be cured.