{"data":{"id":"us-dc/d.c.-code-39-108","jurisdiction":"us-dc","citation":"D.C. Code § 39-108","heading":"Confidentiality of circulation records.","body":"(a)\nCirculation records maintained by the public library in the District of Columbia which can be used to identify a library patron who has requested, used, or borrowed identified library materials from the public library and the specific material that patron has requested, used, or borrowed from the public library, shall be kept confidential, except that the records may be disclosed to officers, employees, and agents of the public library to the extent necessary for the proper operation of the public library.\n\n(b)\n(1)\nCirculation records shall not be disclosed by any officer, employee, or agent of the public library to a 3rd party or parties, except with the written permission of the affected library patron or as the result of a court order.\n(2)\nA person whose records are requested pursuant to paragraph (1) of this subsection may file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential. The motion shall be accompanied by the reasons for the request.\n(3)\nParagraph (1) of this subsection shall not operate to prohibit the officers of the public library from disclosing relevant information on a library patron to the Corporation Counsel of the District of Columbia or legal counsel retained to represent the public library in a civil action.\n(4)\n“You may wish to contact a lawyer. If you do not have a lawyer, you may call the District of Columbia Bar Lawyer Referral Service.”\n(5)\nThe public library shall not make available any subpoenaed materials until 10 days after the above notice has been mailed.\n(6)\nUpon application of a government authority, the notice required by paragraph (4) of this subsection may be waived by order of an appropriate court if the presiding judge finds that:\n(A)\nThe investigation being conducted is within the lawful jurisdiction of the government authority seeking the records;\n(B)\nThere is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; or\n(C)\nThere is reason to believe that the notice will result in:\n(i)\nEndangering the life or physical safety of any person;\n(ii)\nFlight from prosecution;\n(iii)\nDestruction of or tampering with evidence;\n(iv)\nIntimidation of potential witnesses; or\n(v)\nOtherwise seriously jeopardizing an investigation or official proceeding.\n(7)\nThe term “government authority”, as used in paragraph (6) of this subsection, means any federal, state, or local government agency or department.\n\n(c)\nThe Board of Library Trustees may issue rules necessary to implement this section.\n\n(d)\nUnless otherwise authorized or required by law, any officer, employee, or agent of the public library who shall violate any provision of this section or any rules issued pursuant to it commits a misdemeanor, and upon conviction shall be punished by a fine of not more than $300. The aggrieved public library patron may also bring a civil action against the individual violator for actual damages or $250, whichever is greater, reasonable attorneys’ fees, and court costs.","path":["Title 39. Libraries and Cultural Institutions.","Chapter 1. Public Libraries.","Subchapter I. General."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/39-108","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"df9b1de2ef848fdb4932616ba077fbfd1414a72bf66411d8801ba12c1975c02f","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-39-107a","next":"us-dc/d.c.-code-39-109"},"notice":"GroundRules: Original legal text. Not legal advice."}