Bill > S2040

Introduced Session

The bill enacts the "Reader Privacy Act," which extends reader privacy protections to book purchases, including the purchase of electronic books (e-books). Under current law, library records which contain the names or other personally identifying details regarding the users of libraries are confidential and protected from disclosure except in certain circumstances. This bill extends similar protections to the readers and purchasers of books and e-books. The bill defines a "book service" as a service that, as its primary purpose, provides the rental, purchase, borrowing, browsing, or viewing of books. Under the provisions of the bill, a provider of a book service may only disclose the personal information of a book service user in the following circumstances: · to a law enforcement entity pursuant to a court order if the personal information requested is relevant and material to an ongoing criminal investigation; · to a person, private entity or non-law enforcement government entity pursuant to court order in a pending action brought by the person, private entity or government entity if the person or entity seeking disclosure has a compelling interest in obtaining the personal information sought; · with a book service user's informed consent; · if a law enforcement entity, or other government entity asserts, and the provider in good faith believes, that there is an imminent danger of death or serious physical injury requiring the immediate disclosure; or · to a law enforcement entity if the provider in good faith believes that the personal information is evidence directly related to a crime against the provider or that user. A provider serving an institution of higher education would be exempt from the requirement to obtain a court order, whenever the provider is required to disclose information to a government entity in order to be reimbursed for the sale or rental of a book that was purchased or rented by a student using book vouchers or other financial aid subsidies for books. The bill provides that a violation of the bill is punishable by a civil penalty of $500, and that the court may impose an additional civil penalty of $500, which upon collection is to be distributed to the book service user. The bill also clarifies that nothing in the bill precludes a book service user aggrieved by a violation from instituting a separate civil action in the Superior Court to recover damages, reasonable attorneys' fees or costs related to the violation.

Committee Categories

Nia Gill (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 03/16/2020)

Official Document