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FOIADetermination Letter (non-binding)Closed no further actionGeneral Records Exemptions

Hinsdale Public Library properly withheld library cardholder records under 7(1)(a)

The request sought a list of names of all adult library cardholders.

Date issued
April 25, 2024
Request number(s)
81001
Public body
Hinsdale Public Library
Statute(s)
5 ILCS 140/7(1)(a)
Exemption(s) discussed
7(1)(a) — Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version
Outcome
No violation found

Plain-language summary

A requester asked for a list of all adult library cardholders at the Hinsdale Public Library. The Library refused to provide the list, citing a state law that keeps library registration records private. The Attorney General's office agreed with the Library, confirming that these records are legally protected and do not have to be released.

Legal question

Whether library registration records are exempt from disclosure under FOIA section 7(1)(a) due to the confidentiality requirements of the Library Records Confidentiality Act.

Holding

The Hinsdale Public Library properly withheld the requested library cardholder records pursuant to section 7(1)(a) of FOIA.

Summary

The requester sought a list of all adult library cardholders from the Hinsdale Public Library, which the Library denied citing the Library Records Confidentiality Act. The PAC determined that the Library properly withheld the records because they are protected from disclosure by state law.

library recordsconfidentialityprivacylibrary card

Reading view (689 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Dear

This determination is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA). 1 For the reasons explained below, the Public Access Bureau concludes that no further action is warranted in this matter.

On April 8, 2024, the Hinsdale Public Library ( Library) received your FOIA request seeking a " list of the names of all persons over the age of 18 who currently hold a Library Card issued by the Hinsdale Library Public Library." 2 Later that day, the Library denied your request pursuant to section 7(1)(a) of FOIA 3 citing the Library Records Confidentiality Act Confidentiality Act). 4 On April 11, 2024, you submitted a Request for Review contesting the denial.

Section 7(1)(a) of FOIA allows a public body to withhold "[ i]nformation specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law[.]" Section 1(a) of the Confidentiality Act 5 is a provision of The Library is a public library, 8 and therefore, meets the threshold requirement of the Confidentiality Act. Further, the Library' s response to your FOIA request indicated that "[ i]n order for a person to become eligible to borrow books and other materials, the person is required to provide a name." 9 Therefore, the Library card holders' names you seek meet the definition of registration records" and any records that may exist containing those names fall within the scope of the Confidentiality Act. No provision of the Confidentiality Act permits a person to receive a library' s registration records in response to a FOIA request, and you have not indicated that you have received a court order requiring the release of such information. Therefore, you are not among the individuals authorized to obtain copies of those records.

Because the information you requested is subject to the confidentiality provisions of the Confidentiality Act, which specifically prohibits disclosure to an unauthorized party, this office concludes that the record is exempt from disclosure pursuant to section 7(1)(a) of FOIA. Accordingly, this office has determined that no further action is warranted as to this matter.

This file is closed. If you have a FOIA question, my e-mail address is Shannon. Barnaby@ilag. gov.

Very truly yours, SHANNON BARNABY Senior Assistant Attorney General Public Access Bureau cc: Via electronic mail Ms. Karen Keefe Executive Director Hinsdale Public Library 20 East Maple Street Hinsdale, Illinois 60521 kkeefe@hinsdalelibrary. info

Notes from the original PDF (4)
  1. 15 ILCS 140/9.5(c) (West 2022), as amended by Public Act 103-069, effective January 1, 2024.
  2. 2E-mail from to foia-requests@hinsdalelibrary. info (April 7, 2024). 35 ILCS 140/7(1)(a) (West 2022), as amended by Public Acts 103-154, effective June 30, 2023; 103-423, effective January 1, 2024; 103-462, effective August 4, 2023; 103-446, effective August 4, 2023; 103-540, effective January 1, 2024; 103- 554, effective January 1, 2024. 475 ILCS 70/1 et seq. (West 2022). 575 ILCS 70/1(c)(i), (c)(ii) (West 2022).
  3. 6The conditions include a court order requiring the release of the information or the information is requested by law enforcement officers under certain circumstances. 75 ILCS 70/1(a)(1), (1)(a)( 2) (West 2022). 775 ILCS 70/1(a) ( West 2022). 8Hinsdale Public Library, Learn About the Library, The History https:// hinsdalelibrary. info/about/ last visited April 12, 2024).
  4. 9Email from Karen Keefe, Executive Director, Hinsdale Public Library, to April 8, 2024).