Authorizes the denial of access to 911 emergency call records based on trauma, sorrow, humiliation or emotional injury to the caller or person needing services

Existing law

New York State currently deems 911 emergency calls as public records and allows access when a freedom of information (FOIL) request is made.

Justification

When individuals are at their most desperate, scared and vulnerable they should not have to be concerned that their pleas for help to an emergency 911 operator will be released to the public for no valid reason other than to satisfy the morbid curiosity of others. This type of situation has befallen many crime victims and their families over the years only to add insult to the injury of their pain.

For example, the New York Daily News reported on 2/24/10 how a woman named Linda Casey dialed 911 in an apparent state of panic and shock and screamed "Oh God!" over and over again into the phone after finding her daughter beaten to death in the driveway of their North Carolina home. Later that very same day, she was subjected to hearing her screams during the worst moment of her life on the local news. The shock made her vomit. Ms. Casey was later able to express her feelings about how the most painful thing she has ever been through should have also been kept the most private.

Then there is the case John Hoblick of Florida whose son died tragically after a night of playing drinking games with friends while using prescription drugs last year. Adding to the horror of his son's death, Mr. Hoblick later had to hear the distraught voice of his older son calling 911 regarding his younger brother's condition broadcast by a television station. The anguish and exploitation he felt by the airing of this tragic event brought Mr. Hoblick to lobby the Florida Legislature to ban the broadcasting of these types of calls.

A further vital reason to keep 911 emergency calls private is to protect the identifying information of the caller or the person for which they are calling. Names, addresses, telephone numbers and medical history are all personal identifying information that individuals should expect will be respected with a reasonable amount of privacy. No one should have to fear calling 911 for assistance based on the fact that they may be later caused trauma, sorrow, humiliation or emotional injury due to the public release of such call. The 911 system was set up to assist people with emergencies and to provide access to fast medical treatment, not to exploit the caller's or another individual's personal pain.

Recognizing that there are certain situations where the release of 911 emergency recordings are important to public safety, this legislation sets up a procedure to notify the person reporting the emergency and the individual(s) requiring the emergency help if a request has been made for release of such emergency recording. This procedure allows the individuals involved to either consent to the release in whole or in part or to object in whole or in part if such disclosure would cause trauma, sorrow, humiliation or emotional injury to such person or his or her immediate family. The agency in charge of such information would make a determination as to whether the information will be released in its entirety, partially or not at all. Therefore, if the agency believes that the release of the call for some reason outweighs the privacy of the caller such information could be released. Instances which may prove germane would be in assessing 911 call performance, accuracy or in the instance of information requested by police during an investigation or for a court proceeding.

This legislation will help to restore the public's faith in the anticipated privacy of the 911 emergency system. A person needing medical assistance or who has been the victim of a crime should never delay or avoid calling for emergency services for fear that the information they give the dispatcher or the dramatic circumstances of their call will be used for public consumption. Creating such an image will undoubtedly lead to individuals not calling for help when needed, which can have devastating consequences.

The states of Mississippi, Missouri, Pennsylvania, Rhode Island and Wyoming all currently ban the broadcast of 911 emergency calls. As of the filing of this memorandum, legislation has been introduced to help protect the privacy of 911 callers and those persons requiring emergency treatment in Alabama, Ohio, Wisconsin, Florida and Kentucky.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that: (a) the amendments to paragraph (j) of subdivision 2 of section 87 of the Public Officers Law, made by section one of this act, shall not affect the expiration and repeal of such paragraph and shall expire and be deemed repealed therewith; (b) the amendments to paragraph (k) of subdivision 2 of section 87 of the Public Officers Law, made by section one of this act, shall not affect the expiration and repeal of such paragraph and shall expire and be deemed repealed therewith; and (c) effective immediately, any rules and regulation necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.