Privacy Protected Records

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LIBRARY ADMINISTRATION
BUILDING 19, ROOM 210
MUNICIPAL CENTER
VIRGINIA BEACH, VA 23456-9115
DEPARTMENT OF PUBLIC LIBRARIES
757-385-4321
757-385-4220 FAX
Date
Virginia Beach Public Library
Confidentiality Agreement
Effective 8/2014
In the course of daily work activities, library staff may be asked for information regarding other
staff, protected records or library patrons. The purpose of this agreement is to ensure that all staff
know and understand their obligations regarding the privacy of others. Staff includes all City
paid permanent full-time and part-time employees, all contract workers and all volunteers.
Privacy of Staff
Each staff member’s right to privacy is very important. Personal information regarding staff
members is not to be given out to other staff, patrons of the library or any other entities. Personal
information includes marital status, home address or area of residence, non-work telephone and
e-mail addresses (unless publicly available*), whereabouts when not at work, health information
and any other information that is considered personal or private. When in doubt as to whether or
not staff information is considered personal or private, seek advice from your supervisor. A City
employee with an urgent, work-related reason to reach an unavailable staff member can be
referred to the person in charge who may act as a go between. A reference interview can often
suggest ways of helping that do not breach privacy.
Personal contact information will not be included in any staff rosters sent to or posted for all
staff. Addresses and telephone numbers will be included on staff rosters available to managers
only.
*Position and job duties will affect whether non- work e-mails and phone numbers are publicly
available.
Privacy Protected Records
Many records being retained by the City or handled by staff are considered privacy protected and
are not to be disclosed to any unauthorized individual, company or government agency. This
particularly applies to protected health information (PHI) records that are subject to strict
confidentiality requirements imposed by state and federal law including Health Insurance
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Portability and Accountability Act (HIPAA) –42 USC 201, et seq., 45 CFR Parts 160 and 164;
and VA Code—Title 32.1, Health, §32.1-1 etseq.
There are both state and federal laws that limit who can access certain records, particularly
medical records under HIPAA. These laws include penalties for breaches of confidentiality.
Unauthorized use, dissemination or distribution of confidential records including protected
health information may constitute a crime.
Dissemination or other distribution of confidential records or information either on paper or by
electronic means other than in the performance of the specific job role a member is authorized to
perform is prohibited. No request will be honored without specific authorization from the
custodian of the record or office listed on the transfer sheet or through direct communication
with Library Administration and/or Municipal Research staff. Unauthorized use, dissemination
or distribution of confidential information will result in penalties both civil and criminal.
Privacy of Library Patrons
The American Library Association’s Code of Ethics, 1995, states that “Librarians must protect
each user’s right to privacy with respect to information sought or received, and materials
consulted, borrowed or acquired.”
A. Privacy of the Patron Record
Library staff will collect only the information needed to contact patrons, such as mailing
address, email address, phone number, etc. in order to ensure the proper notification, lending,
and return of library materials and the collection of fines. Records will be retained for the
shortest length of time necessary to facilitate library operations. This particularly applies to
protected health information (PHI) records
The library will not respond to any informal request by a third party for personally
identifiable information about any library user. Personally identifiable information may be
released only to a law enforcement agency after presentation of an order by a court of
competent jurisdiction issued in a proper form (a court issued subpoena or search warrant)
and/or under the provisions of the USA PATRIOT Act. Under some circumstances, librarians
may be forbidden to disclose that certain records have been requested or obtained. Except in
cases of lost/stolen items or substantial unpaid fines, where we may use a collection agency,
credit bureau or law enforcement, client records will never be shared with private companies.
The library protects the right to privacy of the patron by forming a partnership with the
individual or his or her family allowing the individual or family to choose who has access to
the library card of any one individual. This approach to privacy enables parents to adjust their
awareness of their children’s borrowing patterns to a degree that satisfies that family’s
system of values. It enables adults to accomplish their library business by permitting access
to the record by another adult or child. It creates a partnership for privacy and assumes that
individuals will protect themselves to the degree they choose.
The Virginia Beach Public Library considers individual control of a borrower’s card to be the
most effective protection of privacy for the individual. How each individual chooses to use
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and share his or her card will determine the degree of privacy that the library can provide for
that borrower’s record.
To support this choice, the Library will provide access to information associated with a valid
unblocked library card under the following circumstances:
 Presentation of a borrower’s card, provision of the card number over the telephone or
presentation of the card number on an official library notice permits access to information
about that record.
 Presentation of photo identification will permit full access to the record of the person
named on that identification only.
 Presentation of photo identification with the name printed on it of any person named as
having permission to have access to another patron’s library record.
 For those under the age of 18, only the signing parent or guardian and another adult
indicated by the signer may have access to that card. To access the record, either named
person must present a photo identification with his or her name printed on it.
B. Privacy and the Payment of Fines and Fees
The Library believes that the protection of privacy of a borrower’s record is compromised by
the individual who chooses to keep materials past their due date. The Library will, therefore,
permit individuals other than the holder of the borrower’s card to settle unpaid fines or fees
on that card. We will provide information regarding the amount of fines or fees of overdue
materials or the replacement costs of lost materials to individuals who are willing to pay the
fines or fees. No identification will be required of these individuals. Information about the
authors, titles or subjects of the overdue or lost materials will not be discussed without
presentation of the borrower’s card, provision of the card number over the telephone, or
presentation of the borrower number on an official library notice.
I HEREBY AGREE to abide by all privacy protections as outlined above. My signature below
indicates that I have read and understand this agreement and that I know and understand my
obligations to the privacy of others.
Volunteer Name (please print): ____________________________________________________
Signature: ________________________________________ Date: ________________
Parent/Guardian Signature: __________________________________ Date: ________________
(Parent/Guardian signature required for applicants under age 18)
Must be completed by the VRM.
VRM: _____________________________________________________________________________
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