SP0188, LD 495, item 1, An Act Regarding the Law Pertaining to the Confidentiality of Enhanced 9-1-1 System Information and Records

An Act Regarding the Law Pertaining to the Confidentiality of Enhanced 9-1-1 System Information and Records

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 25 MRSA §2921, sub-§4-A is enacted to read:

4-A. Emergency dispatch center. "Emergency dispatch center" means a center that dispatches emergency services in response to enhanced 9-1-1 requests for emergency services.

Sec. 2. 25 MRSA §2929, as amended by PL 2011, c. 623, Pt. D, §1 and c. 662, §16, is further amended to read:

§ 2929. Confidentiality of system information and records

1. Definition. As used in this section, "confidential information" means the following information as contained in any database, report, audio recording or other such record of the bureau or , a public safety answering point or an emergency dispatch center or as contained in any such record when in the custody of a criminal justice agency, as defined in Title 16, section 611, subsection 4:

A. The names, addresses and telephone numbers of persons listed in E-9-1-1 databases;

B. Names, addresses and telephone numbers that are Customer information, as described in Title 35-A, section 7501-B, that is omitted from a telephone utility directory list at the request of a customer;

C. The name, address and telephone number of a caller to a public safety answering point or emergency dispatch center; or

D. The name, address and telephone number of and any medical information about a person receiving emergency services through the E-9-1-1 system.

2. Confidentiality. Confidential information may not be utilized for commercial purposes and may not be disclosed in any manner except as follows:

A. A public safety answering point or an emergency dispatch center may disclose confidential information to public or private safety agencies and emergency responders for purposes of processing emergency calls and providing emergency services;

B. A public safety answering point or an emergency dispatch center may disclose confidential information to a law enforcement officer or law enforcement criminal justice agency for the purpose of criminal investigations or criminal prosecutions related to an E-9-1-1 call;

C. A public safety answering point or an emergency dispatch center may disclose confidential information to designees of the bureau director for the purpose of system maintenance and quality control; and

D. The bureau director may disclose confidential information to public safety answering points, emergency dispatch centers, public or private safety agencies, emergency responders or others within the E-9-1-1 system to the extent necessary to implement and manage the E-9-1-1 system.

Confidential information that is required to be disclosed to providers of emergency services and providers of emergency support services pursuant to 47 United States Code, Section 222(g) remains subject to the confidentiality provisions of this section, and a provider of emergency services and emergency support services that acquires such confidential information pursuant to that provision of federal law may use the information solely for the purposes of delivering or assisting in the delivery of emergency notification services as defined in 47 United States Code, Section 222(h)(6). System databases, including, but not limited to, those disclosed pursuant to 47 United States Code, Section 222(g), remain the property of the bureau pursuant to section 2926, subsection 6. The name, address and telephone number of any person to whom any outgoing emergency notification call is made using confidential information acquired pursuant to 47 United States Code, Section 222(g) are confidential and may not be disclosed except as provided in this section.

3. Disclosure required. The restrictions on disclosure provided under subsection 2 apply only to those portions of databases, reports, audio recordings or other such records of the bureau or , a public safety answering point or an emergency dispatch center that contain confidential information. Other information that appears in those records and other records, except information or records declared to be confidential under other law, is subject to disclosure pursuant to Title 1, section 408-A. For the purposes of this subsection, "information or records declared to be confidential under other law" includes, but is not limited to, information or records that relate to a pending law enforcement investigation or a pending criminal prosecution. Public access to such information or records is governed by Title 15, Part 6 in the case of a pending investigation or adjudication of a juvenile crime or by Title 16, section 614. The bureau shall develop procedures to ensure protection of confidential records and information and public access to other records and information. Procedures may involve developing edited copies of records containing confidential information or the production of official summaries of those records that contain the substance of all nonconfidential information.

4. Audio recordings of E-9-1-1 calls; confidential. Audio recordings of emergency calls made to the E-9-1-1 system are confidential and may not be disclosed except as provided in this subsection. Except as provided in subsection 2, information contained in the audio recordings is public information and must be disclosed in transcript form in accordance with subsection 3. The cost of preparing and disclosing information contained in the audio recordings in transcript form is not subject to the limitation on costs under Title 1, section 408-A, subsection 8. Subject to all the requirements of subsection 2, the bureau or , a public safety answering point or an emergency dispatch center may disclose audio recordings of emergency calls made to the E-9-1-1 system in the following circumstances:

A. To persons within the E-9-1-1 system to the extent necessary to implement and manage the E-9-1-1 system;

B. To a law enforcement officer or law enforcement criminal justice agency , as defined in Title 16, section 611, subsection 4, for the purpose of criminal investigations or criminal prosecutions related to an E-9-1-1 call;

C. To designees of the bureau director for the purpose of system maintenance and quality control; and

D. In accordance with an order issued on a finding of good cause by a court of competent jurisdiction . ; and

E. To agencies or persons contracted by the bureau, a public safety answering point, an emergency dispatch center or a criminal justice agency to prepare transcripts of E-9-1-1 call audio recordings pursuant to this subsection.

Audio recordings disclosed pursuant to this subsection may not be further disclosed by the agency or person receiving those recordings.

5. Unlisted telephone numbers. The name and address associated with the number of a telephone company customer with an unlisted telephone number may be furnished to the E-9-1-1 system for processing a request for E-9-1-1 services from that number and for the provision of emergency services resulting from the request.

6. Penalty for disseminating information. Knowingly disclosing confidential information in violation of subsection 2 or knowingly disclosing audio recordings of emergency calls to the E-9-1-1 system in violation of subsection 4 is a Class E crime.

7. Penalty for disclosing or further disclosing information or records. A person may not intentionally:

A. Disclose confidential information in violation of subsection 2;

B. Disclose information or records in violation of subsection 3 if the person has actual knowledge that the information or records are information or records declared to be confidential under other law; or

C. Disclose or further disclose audio recordings of emergency calls to the E-9-1-1 system in violation of subsection 4.

A person who violates this subsection commits a Class E crime.

summary

This bill amends the law pertaining to the confidentiality of information and records of the E-9-1-1 system. The bill:

1. Clarifies the types of agencies that are subject to the current law governing the confidentiality of E-9-1-1 system information and records;

2. Defines the term "information or records declared to be confidential under other law" by providing that the term includes, but is not limited to, information or records that relate to a pending law enforcement investigation or a pending criminal prosecution;

3. Ensures that transcripts of E-9-1-1 call recordings may be accurately prepared;

4. Clarifies the types of disclosures of confidential information and records that are prohibited under the law; and

5. Clarifies actions that constitute a violation of E-9-1-1 confidentiality requirements.

SP0188 LD 495	Session - 126th Maine Legislature		LR 443 Item 1
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