[PL-Directors] Questions about the Address Confidentiality Program

[Jim Scheppke]

Dear Directors:
The State Library has received several questions about the Address
Confidentiality Program in the Oregon Department of Justice. I have provided
some answers about the basics of the program below. You need to consult your
own attorney if you need advice about how the law and administrative rules
governing this program apply to your library.

What is the Address Confidentiality Program?

This program provides a way for victims of domestic violence, sexual assault
and stalking to have their mail forwarded in order to keep their residential
address from being disclosed as a public record. You can find a summary of
the program here: <http://www.doj.state.or.us/crimev/confidentiality.shtml>,
including links to the Oregon Revised Statutes and Oregon Administrative
Rules that govern the program.

Do public libraries have to participate and accept substitute addresses from
people applying for a library card?

Yes, as "public bodies" all public libraries have to participate and accept
the substitute address when a request is made.

If a library user already has a library card record with the user's real
address, is the library responsible for changing the record to use the
substitute address?

Only if they receive a request from the user to do this.

How will library staff know they are getting a legitimate request?

Users must present a current and valid Address Confidentiality Program
authorization card issued by the Oregon Department of Justice.

The addresses of library users are already exempt from disclosure under ORS
192.502(23), so why is this program needed in libraries?

While ORS 192.502(23) exempts some public library records from disclosure,
it does not prohibit their disclosure. Local library policies determine
whether they are disclosed or not, and every public library needs to have
their own policy on this (for more information see this Letter of Advice
from the Department of Justice
<http://www.oregon.gov/OSL/LD/resources/laws/opinions/advice_19950825.shtml
>). So the Address Confidentiality Program does provide protection to
victims that is not provided in ORS 192.502(23).


Jim Scheppke, State Librarian
Oregon State Library
250 Winter St. NE
Salem, OR 97301
503-378-4367
(fax) 503-585-8059
jim.b.scheppke at state.or.us


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