Librarians’ Testimony

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 employees 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 his or her 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" includes any information that the library requires a patron to provide in order to become eligible to borrow books and other materials, and  "circulation records" includes all information that identifies the patrons who borrow particular books and other materials. See Florida Statute § 257.261.