Requests for Records

 

In the event of requests by law enforcement agents for MCLINC records, MCLINC has established the following chain of authority for responding to the request(s). Response to requests will depend on the supporting documents presented by the law enforcement officer.

 

Documentation

Response

None    

MCLINC staff does not release any information without legal documentation to support the request.

 

Subpoena

MCLINC staff will comply as soon as possible. If the Director of Operations is unavailable, a response will be provided on the next business day. Upon notice, MCLINC will preserve any data which would otherwise have been automatically destroyed as of the subpoena date.

 

Search Warrant

MCLINC staff will comply immediately and provide the information requested. MCLINC will request that compliance does not include the removal of Mission-Critical hardware, as that will cripple the network and result in the cessation of library service to the public.

 

 

Chain of Command

 

1.       All inquiries shall begin with the Director of Operations of MCLINC. Inquiries received by member libraries shall be referred to MCLINC unless specifically local to the library, and not the overall system.

2.       If the Director of Operations is away from the office and the request is for immediate action, MCLINC staff shall make an attempt to contact the Director of Operations. If the Director of Operations cannot be reached, the President of the Board shall be contacted by MCLINC support staff and will advise staff on the appropriate response.

3.       If the request does not require immediate action, and the MCLINC Director of Operations will return to the office within one business day, MCLINC support staff will defer any action until his/her return.

4.       MCLINC shall immediately notify the President of the MCLINC Board of Directors and the Director of the library to which the records pertain when an inquiry is received.

5.       The President shall notify the Board of the inquiry and any action taken in response

Chain of Custody

In the event of requests by law enforcement agents for MCLINC records, MCLINC has established the following chain of authority for supplying physical evidence.

1.       All transfers of physical evidence (electronic records) into the hands of law enforcement authorities shall be managed by the MCLINC Director of Operations.

2.       The law enforcement agent will supply a receipt or inventory of any records or equipment collected from MCLINC.

3.       A copy of the electronic records shall represent physical evidence wherever possible. Copies may include backup media, screen shots or reports from the system software.

4.       Copies do not include the original database of records or hardware upon which the records reside. Removing the original records and/or hardware will present a hardship, by preventing MCLINC from conducting library service for an extended period of time.

5.       Original records and/or equipment will be provided only if no other means of records transfer is possible, and only if accompanied by a duly authorized warrant.

 

Questions about any of the information contained in this policy may be addressed to:
Jeff Gorman, Director of Operations for MCLINC, legal@mclinc.org or 610-238-0580.

 

Revised: February 20, 2004

Revised: November 17, 2006

Revised: March 25, 2014

Revised: October 17, 2025