911 and HIPAA

Hmm... hadn't thought of this one... Utica, NY Emergency Response has posted their 911 calls privacy practices. It's certainly a good start!

Kentucky Press Association

This Kentucky Press Association Article has some interesting ideas for discussion. In this particular case, an individual is trying to get a recorded copy of a 911 call and the tape was held for privacy purposes due to fear of retaliation. Specifically, the appellate coure cited: (1) whether there is a privacy interest in the requested record, and then (2) whether that privacy interest is outweighed by the general policy of openness.

Note: I have never said that there is not a reason for the public to hear a 911 tape--indeed, there are many valid reasons. This issue is about the recording and wide-distribution of such recrodings for amusement.

KSA 45-221

Thanks to Kansas State Representative Lance Kinzer for responding. His message to me, by e-mail:

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"Thanks for contacting me. To be honest with you the issue you raise it not one that I had considered previously. On the one hand I generaly default to favoring public acess to government records. On the other hand your point is well taken, indeed on more than one occassion I have felt angry at the media for feeling the need to play tapes of people who are confronting circumstances of extreme traedy. It seems to me at the very least to be in poor taste. In the last legisaltive session a pretty major review of the Kansas Open Records act was undertaken by the legislature and I do not recall this issue coming up. My thought would be that KSA 45-221 would need to be ammended to create a new open records act exception in order to stop release of these tapes. A quick search did not reveal any Kansas case law on this subject so I do not know if any Kansas police department has ever attempted to withold a 911 tape or not."

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Representative Kinzer does bring up several good, strong points. I, too, am generally in favor of public access to government records. I am requesting copies of KSA 45-221 to get started, and hopefully a hyperlink can be established for reference.