An Act Regarding the Law Pertaining to the Confidentiality of Enhanced 9-1-1 System Information and Records
Maine Legislature, Session 126, LD 0495
Committee: Energy, Utilities and Technology
Sponsors: BURNS, VALENTINO
Amends: 25 MRSA §2921, 25 MRSA §2929

Legislative Document 
No. 495 
S.P. 188 
In Senate, February 19, 2013 
An Act Regarding the Law Pertaining to the Confidentiality of 
Enhanced 9-1-1 System Information and Records 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Senator: VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §2921, sub-§4-A is enacted to read: 
4-A.  Emergency dispatch center.  "Emergency dispatch center" means a center that 
dispatches emergency services in response to enhanced 9-1-1 requests for emergency 
services. 
Sec. 2.  25 MRSA §2929, as amended by PL 2011, c. 623, Pt. D, §1 and c. 662, 
§16, is further amended to read: 
§2929.  Confidentiality of system information and records 
1.  Definition.  As used in this section, "confidential information" means the 
following information as contained in any database, report, audio recording or other such 
record of the bureau or, a public safety answering point or an emergency dispatch center 
or as contained in any such record when in the custody of a criminal justice agency, as 
defined in Title 16, section 611, subsection 4: 
A.  The names, addresses and telephone numbers of persons listed in E-9-1-1 
databases; 
B.  Names, addresses and telephone numbers that are Customer information, as 
described in Title 35-A, section 7501-B, that is omitted from a telephone utility 
directory list at the request of a customer; 
C.  The name, address and telephone number of a caller to a public safety answering 
point or emergency dispatch center; or 
D.  The name, address and telephone number of and any medical information about a 
person receiving emergency services through the E-9-1-1 system. 
2.  Confidentiality.  Confidential information may not be utilized for commercial 
purposes and may not be disclosed in any manner except as follows: 
A.  A public safety answering point or an emergency dispatch center may disclose 
confidential information to public or private safety agencies and emergency 
responders for purposes of processing emergency calls and providing emergency 
services; 
B.  A public safety answering point or an emergency dispatch center may disclose 
confidential information to a law enforcement officer or law enforcement criminal 
justice agency for the purpose of criminal investigations or criminal prosecutions 
related to an E-9-1-1 call; 
C.  A public safety answering point or an emergency dispatch center may disclose 
confidential information to designees of the bureau director for the purpose of system 
maintenance and quality control; and 
D.  The bureau director may disclose confidential information to public safety 
answering points, emergency dispatch centers, public or private safety agencies, 
emergency responders or others within the E-9-1-1 system to the extent necessary to 
implement and manage the E-9-1-1 system. 
Confidential information that is required to be disclosed to providers of emergency 
services and providers of emergency support services pursuant to 47 United States Code, 
Section 222(g) remains subject to the confidentiality provisions of this section, and a 
provider of emergency services and emergency support services that acquires such 
confidential information pursuant to that provision of federal law may use the information 
solely for the purposes of delivering or assisting in the delivery of emergency notification 
services as defined in 47 United States Code, Section 222(h)(6).  System databases, 
including, but not limited to, those disclosed pursuant to 47 United States Code, Section 
222(g), remain the property of the bureau pursuant to section 2926, subsection 6.  The 
name, address and telephone number of any person to whom any outgoing emergency 
notification call is made using confidential information acquired pursuant to 47 United 
States Code, Section 222(g) are confidential and may not be disclosed except as provided 
in this section. 
3.  Disclosure required.  The restrictions on disclosure provided under subsection 2 
apply only to those portions of databases, reports, audio recordings or other such records 
of the bureau or, a public safety answering point or an emergency dispatch center that 
contain confidential information.  Other information that appears in those records and 
other records, except information or records declared to be confidential under other law, 
is subject to disclosure pursuant to Title 1, section 408-A.  For the purposes of this 
subsection, "information or records declared to be confidential under other law" includes, 
but is not limited to, information or records that relate to a pending law enforcement 
investigation or a pending criminal prosecution.  Public access to such information or 
records is governed by Title 15, Part 6 in the case of a pending investigation or 
adjudication of a juvenile crime or by Title 16, section 614.  The bureau shall develop 
procedures to ensure protection of confidential records and information and public access 
to other records and information.  Procedures may involve developing edited copies of 
records containing confidential information or the production of official summaries of 
those records that contain the substance of all nonconfidential information. 
4.  Audio recordings of E-9-1-1 calls; confidential.  Audio recordings of emergency 
calls made to the E-9-1-1 system are confidential and may not be disclosed except as 
provided in this subsection.  Except as provided in subsection 2, information contained in 
the audio recordings is public information and must be disclosed in transcript form in 
accordance with subsection 3.  The cost of preparing and disclosing information 
contained in the audio recordings in transcript form is not subject to the limitation on 
costs under Title 1, section 408-A, subsection 8.  Subject to all the requirements of 
subsection 2, the bureau or, a public safety answering point or an emergency dispatch 
center may disclose audio recordings of emergency calls made to the E-9-1-1 system in 
the following circumstances: 
A.  To persons within the E-9-1-1 system to the extent necessary to implement and 
manage the E-9-1-1 system; 
B.  To a law enforcement officer or law enforcement criminal justice agency, as 
defined in Title 16, section 611, subsection 4, for the purpose of criminal 
investigations or criminal prosecutions related to an E-9-1-1 call; 
C.  To designees of the bureau director for the purpose of system maintenance and 
quality control; and 
D.  In accordance with an order issued on a finding of good cause by a court of 
competent jurisdiction.; and 
E.  To agencies or persons contracted by the bureau, a public safety answering point, 
an emergency dispatch center or a criminal justice agency to prepare transcripts of 
E-9-1-1 call audio recordings pursuant to this subsection. 
Audio recordings disclosed pursuant to this subsection may not be further disclosed by 
the agency or person receiving those recordings. 
5.  Unlisted telephone numbers.  The name and address associated with the number 
of a telephone company customer with an unlisted telephone number may be furnished to 
the E-9-1-1 system for processing a request for E-9-1-1 services from that number and for 
the provision of emergency services resulting from the request. 
6.  Penalty for disseminating information.  Knowingly disclosing confidential 
information in violation of subsection 2 or knowingly disclosing audio recordings of 
emergency calls to the E-9-1-1 system in violation of subsection 4 is a Class E crime. 
7.  Penalty for disclosing or further disclosing information or records.  A person 
may not intentionally: 
A.  Disclose confidential information in violation of subsection 2; 
B.  Disclose information or records in violation of subsection 3 if the person has 
actual knowledge that the information or records are information or records declared 
to be confidential under other law; or 
C.  Disclose or further disclose audio recordings of emergency calls to the E-9-1-1 
system in violation of subsection 4. 
A person who violates this subsection commits a Class E crime. 
SUMMARY 
This bill amends the law pertaining to the confidentiality of information and records 
of the E-9-1-1 system.  The bill: 
1.  Clarifies the types of agencies that are subject to the current law governing the 
confidentiality of E-9-1-1 system information and records; 
2.  Defines the term "information or records declared to be confidential under other 
law" by providing that the term includes, but is not limited to, information or records that 
relate to a pending law enforcement investigation or a pending criminal prosecution; 
3.  Ensures that transcripts of E-9-1-1 call recordings may be accurately prepared; 
4.  Clarifies the types of disclosures of confidential information and records that are 
prohibited under the law; and  
5.  Clarifies actions that constitute a violation of E-9-1-1 confidentiality requirements.