California booksellers could face civil fines of up to $500 if they improperly disclose customer information under a state law on reader privacy that goes into effect on January 1. In an alert issued November 30, the American Booksellers Foundation for Free Expression (ABFFE) is notifying booksellers that the law prohibits them from releasing customer information to the police, a government agency or any third party in the absence of a court order. Customers can sue bookstores that disclose their information improperly. The ABFFE alert includes advice for complying with the law, including adopting a privacy policy, training staff and calling ABFFE whenever a request for customer information is received. “There is no reason for booksellers to worry about being sued as long as they are taking some basic steps to protect reader privacy,” ABFFE president Chris Finan said.
ABFFE did not endorse the California law when it was introduced because of concerns that the it does not treat independent booksellers fairly. Because independent stores are often smaller businesses staffed by young or inexperienced booksellers, they are more vulnerable to police pressure and more likely to mistakenly release information than Internet and corporate booksellers whose lawyers routinely deal with all police inquiries, ABFEE said. ABA and the California regional bookseller associations opposed the legislation.
The ABFFE alert is being emailed to booksellers, posted on the ABFFE website, and included in ABA’s December and January red box mailings. It is available online at http://www.abffe.com/californiaprivacyalert.pdf.
