Colorado § 24-90-119 - Privacy of user records.

§ 24-90-119. Privacy of user records.

(1) Except as set forth in subsection (2) of this section, a publicly supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.

(2) Records may be disclosed in the following instances:

(a) When necessary for the reasonable operation of the library;

(b) Upon written consent of the user;

(c) Pursuant to subpoena, upon court order, or where otherwise required by law;

(d) 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.

(3) Any library official, employee, or volunteer who discloses information in violation of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

(4) A written request for reconsideration of a library resource made at a public library pursuant to section 24-90-122 (3) is not a library user record as described in subsection (1) of this section.

Source: L. 83: Entire section added, p. 1023, § 1, effective March 22. L. 2003: (1) and (3) amended and (2)(d) added, p. 2463, §§ 17, 18, effective August 15. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3231, § 439, effective March 1, 2022. L. 2024: (4) added, (SB 24-216), ch. 307, p. 2075, § 3, effective May 31.

Cross references: For the legislative declaration in SB 24-216, see section 1 of chapter 307, Session Laws of Colorado 2024.

ANNOTATION

An individual using a library district's request form constitutes a library "user" for purposes of this section. Brookhart v. Reaman, 2023 COA 93, 541 P.3d 624.

When a library district's form is used to request that a book be removed from the library's collection or that only adults be permitted to access the book, the portions of the request form containing the requesters' identifying information are exempt from disclosure. Brookhart v. Reaman, 2023 COA 93, 541 P.3d 624.