Police May Seek State’s Opinion on Library Confidentiality Law
Following a May 18 incident in which three teenagers reported seeing a man fondling himself while allegedly viewing pornography at a library computer, the city of Naperville, Illinois, is considering seeking a legal opinion on the 1983 Illinois Library Records Confidentiality Act from the state attorney general.
In a confidential memo to the mayor and city council members, City Manager Peter T. Burchard said officials “are pursuing an opinion” from Illinois Attorney General Lisa Madigan “regarding the library’s viewpoint that they can demand the police department issue a warrant or subpoena before the library releases information relating to a criminal investigation,” the Naperville Sun reported June 9.
The memo said DuPage County State’s Attorney Joseph E. Birkett “is considering our request to seek an opinion” from Madigan; legal protocol requires local officials to first take such concerns to the local state’s attorney. It added that Naperville Public Library Director Donna Dziedzic “has agreed to support our request for an opinion” from the attorney general.
The confidentiality act required police to obtain a court-ordered search warrant before library officials would reveal the suspect’s name. Using the library records, police identified and questioned a suspect and are considering filing criminal charges.
Naperville Police Capt. Ray McGury said in the June 11 Chicago Tribune that he feels the confidentiality law was intended to prevent authorities from spying on people, not to keep library staff from helping police solve crimes. “I asked them, ‘If a child is snatched from this library do I have to get a search warrant to get information on who was here?’ and they said, ‘Based on the state law, yes.’ God forbid that happens.”
“This is the first time where we’ve actually had this situation where we couldn’t be forthcoming with information sought by the police department,” library Deputy Director Mark West told the Tribune. “It is a very delicate situation where we are trying to balance the confidentiality issue versus the need for the police department to conduct their investigation in a timely fashion.”
Posted June 11, 2004.
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