Berry College ID holders may access their library accounts via a protected account on the library's Web page.
Memorial Library respects the rights and privacy of our patrons and their records in accordance with institutional and professional policies and state law. The Library understands "patron records" to include (but are not limited to):
These records may only be released with the express written permission of the borrower involved, or in response to a subpoena, judicial order, or warrant.
Memorial Library is required to comply with the USA Patriot Act laws, as they have been extended by the Freedom Act of 2015. These federal laws override Georgia library record confidentiality laws and the Federal Educational Rights and Privacy Act (FERPA), which governs the privacy of student records. Libraries that are served with warrants for records under these laws must produce them and are prohibited from informing a patron that their records were disclosed to the government or that they are the subject of an investigation.
Under Georgia law, Title 24, Chapter 9, O.C.G.:
§ 24-9-46. Confidential nature of certain library records
(a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and may not be disclosed except:
(1) To members of the library staff in the ordinary course of business;
(2) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or
(3) Upon appropriate court order or subpoena.
(b) Any disclosure authorized by subsection (a) of this Code section or any unauthorized disclosure of materials made confidential by that subsection (a) shall not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made. A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor.
Questions and Answers on Privacy and Confidentiality, American Library Association
The Family Policy Compliance Office (FPCO), a part of the U.S. Department of Education, is the federal office charged with overseeing and enforcing FERPA. According to FPCO, any record maintained by an educational institution directly related to a student, in any format, that allows the student to be identified from the information contained in it, is considered an “educational record.” Analysts within FPCO have issued guidance stating that library circulation records and similar records maintained by a university library are “educational records” under FERPA.
“The Federal Educational Rights and Privacy Act,” 20 U.S.C. § 1232g, (FERPA) controls disclosure of a student's educational records and information. It requires educational institutions to adopt policies that permit students to inspect and correct their educational records. It also prohibits disclosure of a student's records without the student's written permission. This applies to the records of any student enrolled at a post-secondary educational institution, even if that student is under the age of 18.
The Family Policy Compliance Office (FPCO), a part of the U.S. Department of Education, is the federal office charged with overseeing and enforcing FERPA. According to FPCO, any record maintained by an educational institution directly related to a student, in any format, that allows the student to be identified from the information contained in it, is considered an “educational record.” Analysts within FPCO have issued guidance stating that library circulation records and similar records maintained by a university library are “educational records” under FERPA.
Though FERPA generally requires institutions to protect the privacy of educational records, it contains many exceptions that allow disclosure of a student's educational records without the student's consent or permission. For example, FERPA permits educational institutions to release information contained in a student's records to any school official who has a “legitimate educational interest” in the records; to appropriate public officials in health and safety emergencies; and to courts and law enforcement agencies in response to a judicial order or lawfully issued subpoena. FERPA also permits educational institutions to disclose information about international students to the Department of Homeland Security and the Immigration and Customs Enforcement Bureau. In addition, colleges and universities may disclose records and information to the parents of adult students if the student is a tax dependent or if the student is under 21 and has violated any law or regulation concerning the illegal use of drugs or alcohol.
FERPA thus permits disclosure when state library confidentiality statutes and professional ethics would otherwise prohibit the disclosure of library records. FERPA, however, does not require the institution to disclose records under these circumstances, nor does FERPA require institutions to create or maintain particular records. University and college libraries may therefore draw upon professional ethics and academic freedom principles to craft policies that extend additional privacy protection to users' library records; adopt record retention policies that protect user confidentiality; and, where applicable, incorporate state law protections for library records.
The following procedure is to be followed whenever a law enforcement officer unaccompanied by a Berry College Police officer requests patron information or other records maintained by the Memorial Library:
Contact information:
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Library Director
Sherre Harrington office 706-263-2285 cell 706-409-6300 |
Berry College Police
emergency 706-236-2262 nonemergency 706-368-6999 |
Office of General Counsel
Danny Price office 706-368-5644 |
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