Testifying in Court
Might a librarian be required to testify in court, if served a subpoena related to a patron’s use of library computers (fraud, criminal activity, etc.)?
State law does not give librarians a privilege such as that given to attorneys, clergy, spouses, etc. If a librarian has relevant information regarding a library user’s fraudulent/criminal activities, he or she may be called to testify.
Florida Statute § 768.28(9)(a) specifically states that an employee may be called as a witness in a lawsuit for an injury or damage suffered as a result of an act in the scope of their employment.
Library staff must be cautioned, however, never to divulge information from registration or circulation records (except statistical reports), unless in accordance with a proper judicial order. "Registration records" include any information the library requires a patron to provide in order to become eligible to borrow books and other materials, and "circulation records" include all information that identifies the patrons who borrow particular books and other materials. See Florida Statute § 257.261.
