HCS/HB 1085 - This act modifies provisions relating to the disclosure of public library records. The definition of library materials is expanded to include E-books and digital resources or materials.
Under current law, libraries, library employees, and library agents are prohibited from releasing or disclosing library records except as provided by law. This act extends this prohibition from release or disclosure of library records to third parties contracted by a library that receive, transmit, maintain, or store library records.
Any person whose privacy is compromised as a result of an alleged violation of these prohibitions on release or disclosure of library records may file a written complaint with the Attorney General within 180 days. Any such person may also bring a private civil action in the circuit court of the county in which the library is located to recover damages. The court may award punitive damages and award attorney fees to the prevailing party. The court may also grant equitable relief if necessary and proper. The Attorney General must review each complaint and may initiate legal action if appropriate.
This act is identical to provisions contained in HCS/HB 1667 (2014).
MICHAEL RUFF