As adapted from the Montana Code Books

22-1-1102 DEFINITIONS

(1)  “Library” means a library that is established by the state, a county, city, town, school district, or a combination of those units of government, a college or university, or any private library open to the public.

(2)  “Libraryrecords” means any document, record or any other method of storing information retained, received, or generated by a library that identifies a person as having requested, used or borrowed library materials or other records identifying the names or other personal identifiers of library users. Libraryrecords does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general or records that are not retained or retrieved by personal identifier.

22-1-1103 NONDISCLOSURE OF LIBRARY RECORDS

(1)  No person may release or disclose library records or portions of a library record to any person except in response to:

(a)   a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library: or

(b)  an order issued by a court of competent jurisdiction, upon a finding that the disclosure of such record is necessary because the merits of public disclosure clearly exceed the demand for individual privacy.

(2)  A library is not prevented from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation if those reports are presented so that no individual is identified therein.

(3)  Libraryrecords may be disclosed to the extent necessary to return overdue or stolen materials or collect fines.

22-1-1111 PENALTY

Any person who violates22-1-1103is guilty of a misdemeanor and is liable to the person identified in a record that is improperly released or disclosed.  The person identified may bring a civil action for actual damages or $100, whichever is greater.  Reasonable attorney fees and the costs of bringing the action may be awarded to the prevailing party.

Reviewed 10/97

Reviewed 11/04

Reviewed 8/08

Reviewed 6/12