Safe 911 Calls

Finally someone pays attention!

2009-03-01T19:34:00.001-06:00

Hey, this blog hasn't been active for a while. Why? Because I thought I was the only one who cared about this issue. Turns out I was wrong--at least one other person in the country thinks it is worth considering!

Please read the commentary on CNN.com from the link above... YAY!

Another reason not to trust the 911 system

2006-04-10T18:06:00.000-05:00

Now not only do we have the fear of our every word being played on Howard Stern, we also have to put up with the possible reality that our calls to 911 will be ignored. Read the story.

September 11 911 calls to be released to the public

2006-03-30T19:27:00.000-06:00

CNN.com reports that September 11 "911" calls are being released to the public.

"An appeals court ruled last year that the public could only hear the voices of 911 operators and other government employees on the tapes, saying the frantic calls of victims in the burning twin towers were too emotional to be released without families' consent.

But a state judge ruled Wednesday that the city must provide the names of the 28 people, along with other excerpts that could help identify more callers. On Thursday, the city filed an appeal, effectively staying that order. The Times would need to seek an appellate hearing to lift the stay."

University of Minnesota Privacy

2005-11-22T07:05:00.000-06:00

The University of Minnesoata has posted their privacy guidelines for 911 calls.

"The University collects and maintains a variety of information, including information about its students, faculty, staff and others. This information is collected in order to conduct University business. Information is classified as private or public based on federal and state law.

Private information can only be released to the subject of the information and to those within the university who have a legitimate need-to-know, outside entities with the subject's written permission, and others as allowed by law. Some private information, like protected health information (PHI) and electronic PHI, is protected by law.

Public information is available to anyone who requests it, except in the case of student data, when the student has requested that no public information about him/her be released without express written permission. "

2005-11-20T22:15:00.000-06:00

Baldwin Emergency Medical Services near Pittsburgh PA has posted the following on their website "We will restrict access to non-public personal information about you to those employees whom have a need to know. Our EMS is in full compliance with HIPAA, which focuses on protecting your personal patient information, however we will review records for Quality Assurance and Quality Improvement and Billing purposes only. We maintain both electronic and physical procedural safeguards to comply with Federal and State regulations with regards to protecting this information."

Good advice.

911 and HIPAA

2005-10-12T21:15:00.000-05:00

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

2005-10-12T21:07:00.000-05:00

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

2005-10-06T06:26:00.000-05:00

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

"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."

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.

Response to Senator Pat Roberts

2005-09-29T19:23:00.000-05:00

Here is the letter that I sent in response to Senator Pat Roberts. I also copied others to point out the importance of federal legislation and support, as well as my intent to pursue state-level legislation.

RE: Emergency 911 Calls Should NOT be Public Information

Senator Pat Roberts
109 Hart Senate Office Building
Washington, DC 20510-1605
Transmitted via fax: (202) 224-3514

Dear Senator Roberts,

Thank you for your response to my letter concerning 911 calls and privacy. I will take your advice and contact Kansas Attorney General Phil Kline in Topeka.

However, I believe that federal legislation is in order in addition to any state legislation for the following reasons:
1. Transportation of recordings across state lines. If anyone takes a recording of a 911 call in Kansas, what is to stop them from taking it to Missouri or any other state?
2. Broadcast Communication is federally regulated. The Federal Communications Commission would have jurisdiction if these recordings are broadcast on television and/or radio.

Television, radio, and the internet are three of my primary concerns. Two of those concerns clearly fall into the zone of federal regulation.

Cordially,

Paul D. McDonald

cc:
President George W. Bush
Congressman Dennis Moore (KS)
Kansas Attorney General Phil Kline

Senator Pat Roberts (R-KS) Responds

2005-09-28T21:18:00.000-05:00

Thank you to Senator Pat Roberts, who responded to my campaign. I found his letter to be informative, in that 911 calls are not covered by "federal" laws but by "state" laws.

I have already contacted the State Legislature in Kansas. Since I live within 2 miles of Missouri, I will also contact legislators in Missouri as well. 48 more states to go!

But in addition, the State of Kansas cannot have jurisdiction if recordings are taken outside the state and played there... or can they? Federal legislation would be needed for transportation of recordings across state borders.

Also, federal regulation needs to be brought in for any broadcast of the recordings through the Federal Communications Commission.

Background Information: "The Runaway Bride"

2005-09-28T20:59:00.000-05:00

Yeah, it was a sad story. Yeah, she shouldn't have done it. Yeah, Yeah, Yeah.

But you know what made things even a little worse? It was when YAHOO! News Service got their hands on the recording of the 911 call and posted it on the internet.

They posted a 911 call on the internet for amusement.

Slow news day? Probably. Still, it was a bad idea. It had to be embarrasing for the gal, she was in enough hot water as it was... but it got me thinking... what if I call 911? Does it end up on the internet?

So I wrote a letter to Congress and the President of the United States. Here is that letter.

May 2, 2005

RE: Emergency 911 Calls Should NOT be Public Information

To All United States Congress Persons, Senators, and the President of the United States:

Today in Yahoo News, I see the following headline:

“VIDEO: Hear Runaway Bride’s Fake Phone Call: ABC News - After her tearful appearance in court, the tape of Jennifer Wilbanks' "call for help" to her fiancé has been released.”

There is no reason that this 911 call, or any 911 call, should be released to the public for the purposes of amusement. It makes me less likely to want to call 911 in an emergency out of fear that I might end up on the Internet or on the evening news.

Cordially,

Paul D. McDonald

Laws and Sausages

2005-09-27T16:28:00.000-05:00

They say that there are two things that you never want to learn how they are made: Laws and Sausages. If you want to learn how to make sausages, please visit my recipe blog.

This blog is going to track my work towards the creation of a new law: The protection of privacy of 911 calls. The purpose is to prevent 911 calls from being passed around through various media for amusement.

Join the ride!