KRS § 17.190 — KY Code / Title III / Chapter 17 / Section 17.190
17.190 Emergency requests for call location information
Status: in_force

17.190 Emergency requests for call location information.

(1) For purposes of this section:

(a) "Call location information" means the best available location information,

including but not limited to information obtained using historical cellular site

information or a mobile locator tool;

(b) "Emergency responder" has the same meaning as in KRS 194A.400;

(c) "Law enforcement agency" means any lawfully organized investigative

agency, sheriff's office, police unit, or police force of state, county, urban-

county government, charter county, city, consolidated local government, or a

combination of these, responsible for the detection of crime and the

enforcement of the general criminal laws, and excludes constables.

(d) "Public safety answering point" has the same meaning as in KRS 65.750;

(e) "Wireless communications device" means any wireless electronic

communication device that provides for voice or data communication between

two (2) or more parties, including a mobile or cellular telephone; and

(f) "Wireless telecommunications carrier" means a provider of commercial

mobile radio services, including all broadband personal communications

services, wireless radio telephone services, geographic area specialized and

enhanced specialized mobile radio services, and incumbent wide area

specialized mobile radio licenses, which offer real-time, two-way voice

services interconnected with the public switched telephone network and doing

business in this Commonwealth.

(2) (a) Upon a request from a public safety answering point or law enforcement

agency, a wireless telecommunications carrier shall provide call location

information concerning the wireless communications device of a wireless

telecommunications user to the requesting public safety answering point or

law enforcement agency, in order to respond to a call for emergency services

or in an emergency situation that involves the imminent risk of death or

serious physical injury.

(b) Local emergency responders seeking call location information under this

section shall direct inquiries to either a public safety answering point or a law

enforcement agency, and the highest ranking person on duty at the public

safety answering point or a law enforcement agency shall determine, in

consultation with the emergency responders in the jurisdiction in which the

emergency call or situation arose, whether the conditions under paragraph (a)

of this subsection are met.

(3) Notwithstanding any other provision of law to the contrary, nothing in this section

prohibits a wireless telecommunications carrier from establishing protocols by

which the carrier could voluntarily disclose call location information.

(4) No cause of action shall lie in any court against any wireless telecommunications

carrier or its officers, employees, or agents for providing call location information

while acting in good faith and in accordance with this section.

(5) (a) In order to facilitate requests for call location information in accordance with

this section, all wireless telecommunications carriers and all resellers of

wireless telecommunications doing business in the Commonwealth shall

submit emergency contact information to:

1. The Department of Kentucky State Police, for dissemination to law

enforcement agencies; and

2. The Kentucky 911 Services Board, as created in KRS 65.7623, for

dissemination to public safety answering points.

(b) The contact information required under this subsection shall be submitted

annually, or immediately upon any change in contact information.

(6) All public safety answering points and law enforcement agencies shall develop and

maintain policies and procedures regarding this section.

(7) Call location information gathered pursuant to this section shall not be disclosed to

any party who is not officially involved in the underlying emergency response.