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Code · Michigan · Chapter 397 — Libraries

397.603 Library record not subject to disclosure requirements; release or disclosure of library record without consent prohibited; exception; procedure and form of writte

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397.603 Library record not subject to disclosure requirements; release or disclosure of library record without consent prohibited; exception; procedure and form of written consent; hearing; disclosure exception.
Sec. 3.
(1)A library record is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2)A library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to a person without the written consent of the person liable for payment for or return of the materials identified in that library record, unless 1 of the following applies:
(a)A court has ordered the release or disclosure after giving the affected library notice of the request and an opportunity to be heard on the request.
(b)The release or disclosure is permitted under subsection (5).
(3)The procedure and form of giving the written consent described in subsection
(2)may be determined by the library.
(4)A library may appear and be represented by counsel at a hearing described in subsection (2)(a).
(5)A library or an employee or agent of a library may disclose library records without a court order or the written consent described in subsection
(2)under either of the following circumstances:
(a)The library or an employee or agent of the library may report information about the delinquent account of a patron who obtains materials from the library to a collection agency under contract with the library. The library or an employee or agent of the library shall provide the collection agency with only the library records necessary to seek the return of overdue or stolen materials or to collect fines from the patron.
(b)The library or an employee or agent of the library may disclose library records to another library or library cooperative for the purpose of conducting interlibrary loans. The library records must be limited to those required for providing interlibrary loans.
(6)This section does not prohibit an employee or agent of a library from providing a sworn statement or testimony to a law enforcement officer based solely on the personal knowledge of the employee or agent of the library regarding a crime alleged to have occurred at the library.
(7)As used in this section and section 4, "employee or agent" includes an employee of a library, a member of the governing body of a library, an individual who is specifically designated as a volunteer and who is acting solely on behalf of a library, and any other person who is lawfully performing services on behalf of a library under a written contract, including a collection agency.
History: 1982, Act 455, Eff. Mar. 30, 1983 ;-- Am. 1996, Act 188 , Imd. Eff. May 8, 1996 ;-- Am. 2020, Act 315 , Eff. Mar. 29, 2021
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