STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6274

February 25, 1985

LIBRARIES:

Privacy of school library records--disclosure of information to school principal or classroom teacher for assistance in retrieving overdue books or library materials

A librarian or other library personnel of a school library operated by a school district who furnish the name of the student borrower and the title of overdue books or other library materials to the school principal or classroom teacher in order to obtain assistance in securing the return of overdue books or library materials have not improperly disclosed or released library record information contrary to MCL 397.603; MSA 15.1795.

Honorable Martha Griffiths

Lieutenant Governor

The Capitol

Lansing, Michigan

You have requested my opinion upon a question which may be stated as follows:

The title to the Library Privacy Act, MCL 397.601 et seq; MSA 15.1795(1) et seq, states that it is an Act to provide for the confidentiality of certain library records. MCL 397.603; MSA 15.1795(3), provides:

For purposes of the Library Privacy Act, MCL 397.602; MSA 15.1795(2), defines 'library' to include a library established by a school district, and defines 'library record' to mean a document or record retained by a library that identifies a person as having obtained specific materials from a library.

A library or an agent or employee of a library violating MCL 397.603; MSA 15.1795(3), by improperly disclosing or releasing information in the library record is liable to the person identified in the record, and is subject to a civil action for actual damages or $250.00, whichever is greater, attorney fees, and the costs of bringing the action. MCL 397.604; MSA 15.1795(4).

The School Code of 1976; MCL 380.1264; MSA 15.41264, empowers the board of education of a school district to provide for a library to be established in the school district and to appoint librarians and the employees for the library. The school library is often located in a number of school buildings in the school district. It is a department of the school district only, and it has no separate existence apart from the school district.

The Legislature may protect the privacy of persons borrowing books or other library materials.

There can be no question that the library established by a school district, including parts of the library located in individual school buildings of the school district, is a library for the purposes of MCL 397.603; MSA 15.1795(3). However, the Library Privacy Act is unclear as to whether information as to overdue books or other library materials listing the student name and identifying the books or other library materials may or may not be released by school district library personnel to other school district personnel, such as a school principal or a classroom teacher in order to assist in the return of the overdue books or materials.

The following relevant rules of statutory construction are applicable. The primary rule of statutory construction is to ascertain and give effect to the intent of the Legislature. State, ex rel Wayne County Prosecuting Attorney v Levenburg, 406 Mich 455; 280 NW2d 810 (1979). If the language of a statute is of doubtful meaning, courts should give the statute a reasonable construction consonant with legislative intent in light of the purpose sought to be accomplished. Ballinger v Smith, 328 Mich 23; 43 NW2d 49 (1950). Statutes should be construed to prevent absurdity or prejudice to the public interest. Franges v General Motors Corp, 404 Mich 590; 274 NW2d 392 (1979). Where there is doubt as to how inclusively a statute should be construed to apply, if the mischief that a statute was enacted to remedy may be perceived, it will be construed to apply only so far as needed in order to effectuate the remedy. People v Merritt, 396 Mich 67, 84; 238 NW2d 31 (1976). The object sought to be achieved and the problem addressed by the Legislature may be determined by resort to extrinsic aids, including pre-enactment history of a statute such as bill analyses prepared by legislative staff. Consumers Power Co v Big Prairie Twp, 81 Mich App 120, 156-157; 265 NW2d 182, lv den, 403 Mich 848 (1978).

The analysis of the Library Privacy Act, enacted as HB 5066, prepared by the House Legislative Analysis Section, dated August 4, 1982, identified the major problem addressed by the Legislature, that police were using library circulation records to establish that persons accused of crimes had borrowed books detailing the method of accomplishment of crimes of which they were accused. There is nothing in the bill analysis to suggest that the efforts of a library to retrieve overdue books and materials were to be subject to court review after due notice to the library and opportunity for the library to be heard.

It would not be reasonable to assume that the Legislature intended that only the custodian of library circulation records may have access to the record of the circulation of a particular book, noting the name of the book, the name and address of the borrower, and the due date, to the exclusion of other library personnel, particularly those persons charged with the duty of securing the return of overdue books and other library materials. Such a construction of the Library Privacy Act would tend to result in depletion of library resources since the Act would serve to restrain library personnel from securing the return of overdue materials, a result never intended by the Legislature.

Similarly, in the case of a school library located in a particular school building of a school district, a construction of MCL 397.603; MSA 15.1795(3), which would prohibit a school librarian or other library personnel from enlisting the assistance of the school principal or other classroom teacher, employees and agents of the school district operating the library, in an effort to secure the return of the overdue books or library materials would be an absurd result and would be clearly prejudicial to the public interest of other students to have access to the books and other library materials of the school library.

Moreover, to construe MCL 397.603; MSA 15.1795(3), to require the written consent of the student borrower or his or her parent before the school librarian may enlist the assistance of the school principal or classroom teacher in retrieving the overdue book or materials, or for the school district to obtain a court order before the school principal or classroom teacher may be informed of the overdue books or library materials would be an absurd reading of the statute.

As indicated in the aforesaid House Legislative Analysis Section review of HB 5066 before its enactment as the Library Privacy Act, the purpose of the Library Privacy Act is to require libraries, including school libraries, to protect the privacy of book or library material borrowers against inquiry of third persons neither employed by nor connected with the school district operating the particular school library.

It is my opinion, therefore, that a school librarian or other school library personnel of a school library operated by a school district who furnish the name of the student borrower and title of overdue books or other library materials borrowed to the school principal or classroom teacher in order to obtain assistance in securing the return of overdue books or library materials have not improperly disclosed or released library record information contrary to MCL 397.603; MSA 15.1795(3).

Frank J. Kelley

Attorney General