PRIVACYLEGISLATION FOR THE STATE OF RHODE ISLAND
CONFIDENTIALITY:NEW RHODE ISLAND LEGISLATION PROTECTS DATE BASE PRIVACY RIGHTS
The 1996 session of the RhodeIsland General Assembly produced two (2) bills which became lawon August 5, 1996, and amend Section 39-21.1 of the General Laws.
Both amendments establish andprotect the confidentiality of all 9-1-1 data base informationand the content of all voice recorded 9-1-1 telephone messages.Data base information is defined as “the name, address, andtelephone number of telephone subscribers.” All classes oftelephone subscribers are included, and all public safetyagencies are required to maintain the security of all data baseinformation transmitted to them in the cause of “…handlingemergency calls and for public safety purposes as may beneeded…” “Public safety purposes” includestraining.
That language establishes thelegal parameters within which Rhode Island public safety agenciesmay use 9-1-1 data base information, which is transmitted to themby voice or in print. The statute makes two (2) exceptions to theconfidentiality rule:
1. 9-1-1 information must bereleased “…upon order of the court” and,
2. 9-1-1 recorded voiceinformation may be released with “…the written consent ofthe person whose voice is recorded…”
Regarding Paragraph 2, 9-1-1 willact as clearinghouse for all requests for release of 9-1-1recordings which relate to any 9-1-1 calls. Public safetyagencies may release so-called “reasonably segregableportions” of protected 9-1-1 information (see R.I. PublicRecords Act, 38-2-2(d)(23)); that is, time/date of 9-1-1 call andcategory of emergency.
Crime/fire report informationgathered through subsequent investigation may be releasednotwithstanding the probability that the information may containsome or all elements of protected 9-1-1 information if and whenthe information was independently obtained.
WIRELESSLEGISLATION FOR THE STATE OF RHODE ISLAND
In General Assembly
AN ACT
RELATING TO 911EMERGENCY TELEPHONE CALLS
96-S 2322
Date Introduced:January 18, 1996
Referred to: SenateCommittee on Judiciary
It is enacted by the GeneralAssembly as follows:
SECTION 1. Chapter 39-21.1 of thegeneral laws is hereby amended
by adding the following sectionthereto:
39-21.1-17 Confidentiality ofcalls. – All telephone calls and telephone call transmissionsreceived pursuant to this chapter and all tapes containingrecords of telephone calls shall remain confidential and usedonly for the purpose of handling emergency calls and for publicsafety purposes as may be needed for law enforcement, fire,medical, rescue or other emergency services. Such calls shall notbe released to any other parties without the written consent ofthe caller whose voice is recorded, or upon order of court.
SECTION 2. This act shall takeeffect upon passage.
This act would provide for theconfidentiality of taped 911
emergency telephone calls.
EXPLANATORY NOTE
39-21.1-17, “CONFIDENTIALITYOF CALLS (9-1-1):
This new section is specific to9-1-1 telephone calls and voice tape recordings of 9-1-1 calls.
“All telephone calls andtransmissions” means the contents of all calls received by9-1-1 and the contents of all calls transferred (transmitted) toany public safety answering point in Rhode Island, or to otheremergency services in Rhode Island.
Rhode Island’s secondary PSAP’s or”other emergency services” offices must maintain theconfidentiality of 9-1-1 caller information and ensure that theinformation transmitted to them is used only for handlingemergency calls or for public safety purposes and thereafterdisposed of in a manner which ensures the security of thatinformation. 9-1-1 call information can only be released to otherparties with the written consent of the caller whose voice isrecorded or by order of the court.
9-1-1 will release voice tapesonly to the caller whose voice is recorded on the tape inquestion. For example, A TV reporter requests a certain tape.9-1-1 will contact the caller whose voice is recorded on thattape and inform him/her that the tape has been requested and bywhom. If the subject of the tape refuses to release, the reporterwill be so informed. If on the other hand, the subject of thetape agrees to release the tape, he/she will be asked to reportto the 9-1-1 administrative office to sign an affidavit ofrelease. When the release is signed, the voice tape will bereleased to the subject caller, and, except for “publicsafety purpose” requests, 9-1-1 will not reproduceadditional tapes of the incident, but will refer all futurerequests for that tape to the subject caller to whom it wasreleased.
Secondary PSAP’s and emergencyservice agencies who are transmitted 9-1-1 telephone callinformation cannot release that information to the public exceptby order of the court. Any and all requests for public disclosureof 9-1-1 call content must be refused and referred to 9-1-1 fordisposition.
WIRELESSLEGISLATION FOR THE STATE OF RHODE ISLAND
96-H8293 SUBSTITUTEA
STATE OF RHODEISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION,A.D. 1996
AN ACT
RELATING TO 911EMERGENCY TELEPHONE
NUMBER ACT
Date Introduced: February 6, 1996
Referred to: House Committee onCorporations
It is enacted by the GeneralAssembly as follows:
SECTION 1. Section 39-21.1-4 ofthe General Laws in Chapter 39-21.1 entitled
“911 Emergency TelephoneNumber Act” is hereby amended to read as follows:
39-21.1-4. Confidentiality.–Automaticnumber identification and automatic location identificationinformation that consists of the name, address, and telephonenumbers of telephone subscribers whose listings are notpublished in directories or listed in directory assistanceoffices and that is provided to the Public Safety Answering Point(PSAP) shall be confidential. Dissemination of theinformation contained in the 911 automatic number and automaticlocation data base is prohibited except for the followingpurposes:
the information will be provided to the Public Safety Answering Point (PSAP) on a call -by- call basis only for the purpose of handling emergency calls, or for training and any permanent record of the information shall be secured by the public safety answering points and disposed of in a manner which will retain that security except as otherwise required by applicable law.
All telephone calls and telephone call transmissions received pursuant to this chapter and all tapes containing records of telephone calls shall remain confidential and used only for the purpose of handling emergency call and for public safety purposes as may be needed for law enforcement, fire, medical, rescue or other emergency services. Such calls shall not be released to any other parties without the written consent of the person whose voice is recorded , or upon order of the court.
This act would amend the existing law relating to confidentiality of 911 calls.
This act would take effect upon passage.
EXPLANATORY NOTE
39-21.1-4, CONFIDENTIALITY(amendment):
Specific to 9-1-1 data baseinformation and 9-1-1 telephone calls.
The new language contained in39-21.1-17 relative to 9-1-1 telephone calls and telephone calltransmissions is repeated in this amendment.
The amended language relates to9-1-1 data base information consisting of the name, address, andtelephone number, of all telephone subscribers and makes thatinformation confidential.
Dissemination of 9-1-1 data baseinformation in any form or in any manner is prohibited, exceptthat it will be released to public safety answering points fordispatching purposes on a call-by-call basis for public safetypurposes and for training.
The only accessible 9-1-1 database information not protected by this section is the”reasonably segregable portion” (se R.I. public recordsact 38-2-2(d) to wit: time/date of call, time of transfer,service request, service agency).