Grayson Barber - Grayson Barber is a First Amendment litigator and privacy advocate with a solo practice in Princeton, New Jersey

 

Library Confidentiality Law


New Jersey Library Confidentiality Statute, L. 1985 c. 172
N.J.S.A. 18A:73-43.1 et seq.


1.   For the purposes of this act:
 

a.  “Library” means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.
 

b.  “Library record” means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.

 2.   Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:

            a.  The records are necessary for the proper operation of the library;

b.  Disclosure is requested by the user; or

c.   Disclosure is required pursuant to a subpoena issued by a court or court order.

 

3.   The State Librarian shall adopt pursuant to section 18 of P.L. 1969, c. 158 (C. 18A:73-33) and the “Administrative Procedure Act,” P.L. 1968, c. 410 (C. 52:14B-1) et seq.) rules and regulations necessary to effectuate the purposes of this act.

 

Legislative History

The New Jersey Library Confidentiality law was pre-filed in 1984 and enacted in 1985. It passed both chambers of the Legislature unanimously. The measure was accompanied by no reports and no signing message. It was amended in the legislative process to specify that a subpoena for library records must be "issued by a court."

The 1984 bill, as introduced (superseded)

Statement to the original 1984 bill (superseded)

Senate Committee statement (superseded)

Assembly amendments: A subpoena must be "issued by a court"

Assembly comment: Specifies the type of subpoena that must be issued
to gain access to confidential material ("issued by a court")

Official Copy Reprint: The Bill As Enacted (1985)
Requires that a subpoena must be "issued by a court"

 

 

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