Protecting the Privacy Rights of Book Challengers 

Privacy
Photograph of file folders, with a tab that reads "Privacy"

Patrons have a right to privacy in all interactions with their library. This includes book challenges, reconsideration requests, and similar services that libraries provide to their users. Publicly funded libraries, including those associated with public schools and universities, are government entities, and library users are entitled to petition under the First Amendment of the United States Constitution. 

It is also important that libraries remain transparent about their processes and comply with laws regarding access to government information, such as the Freedom of Information Act or state open records laws.  

  • An important first step is to consult with your legal counsel about any relevant local or state laws. States have different standards for protecting the privacy of library users, including ambiguity about how to define the term “library user.” 
  • Next, review your policies and forms to determine who may file a book challenge. The reconsideration process can be resource-intensive, and you will need to inform the initiator of its outcome. Best practice is to require their name and address, so you can ensure they are a library user or part of your legally-defined service community, even though this information may need to be redacted when responding to a FOIA/RTK request. 
  • Make sure that your reconsideration form or collection development policy is clear about if or when the identities of book challengers are shared, both internally (reconsideration committees) or externally (board meetings). Petitioners should know in advance if there is a chance their names could become a matter of public record associated with their request. Some suggested phrasing: 
    • “Your request is confidential until you ask the board to take action, and then it becomes a matter of public record.”  
  • Distinguish between informal concerns expressed to library workers and formal challenges submitted via official library forms. Actions should not be taken to restrict or remove materials without a formal challenge. Consult documentation on book challenge best practices: